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A QUARTERLY UPDATE ON IMMIGRATION LAW FROM MEYNER AND LANDIS LLP In this Issue:
2007 Diversity Visa Lottery Registration Begins The Department of State has announced that registration for the 2007 Diversity Visa (DV) Lottery will begin at noon on October 5, 2005. Persons seeking to enter the lottery program must register online through the designated Internet website during the registration period. The website for registering for the 2007 DV Lottery, www.dvlottery.state.gov, will be available from noon October 5, 2005 through noon December 4, 2005. In response to demand, the Department tripled the number of servers hosting the registration website this year. In addition, persons submitting entries to the 2007 lottery will receive a notice of receipt now containing their name, date of birth, country of chargeability, and a time/date stamp when information has been properly registered at www.dvlottery.state.gov. The Department continues to encourage persons who wish to enter the 2007 Diversity Visa Lottery to submit their information early in the two-month registration period. There is no fee charged for entering the Diversity Visa Lottery. The Department of State does not endorse, recommend or sponsor any information or material from outside entities. The Department is aware that websites and email have masqueraded as official Diversity Visa Lottery facilitators. Registration for the Diversity Visa Lottery through the official, U.S. government website, www.dvlottery.state.gov is free of charge and notification of winning entries are sent by mail only. The 2007 Diversity Visa Lottery marks the third year that electronic registration is required. Paper entries and mail-in requests for Diversity Visa Lottery registration are not accepted. Severe Retrogression of Immigrant Visa Numbers The October 2005 Visa Bulletin shows severe retrogressions in India and China employment-based first and second preferences, and early cutoff dates in worldwide third preference. The Bulletin indicates that future forward movement in these dates is likely to be limited. Such retrogression will greatly impact the ability of employment-based applicants to obtain their green cards – in some cases, creating backlogs of eight (8) years or more (depending on country of origin). Nonimmigrant E-3 Treaty Aliens in Specialty Occupations Available for Australian Citizens A new E-3 visa is now available for Australian professionals seeking to temporarily work in the US. The Australian national must:
The spouse and children of a treaty alien in a specialty occupation accompanying or following to join the principal alien are, if otherwise admissible, entitled to the same classification as the principal alien. A spouse or child of a principal E-3 treaty alien need not have the same nationality as the principal in order to be classifiable as an E-3. H-1Bs for U.S. Master’s Degree Professionals USCIS HQ has confirmed to AILA that, despite rumors to the contrary, H-1B numbers remain for both fiscal 2005 and 2006 for graduates of U.S. masters or above programs. Please remember that, for fiscal 2005 numbers (i.e., a start date earlier than 10/1/05), the petition should be filed at the special address at the Vermont Service Center. Multiple Alien Labor Certification Application Filings In place of the prohibition on multiple filings in the Labor Department's 8/8/05 FAQ on PERM, the FAQ now states that the "Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future." AILA had raised several serious concerns about the FAQ with DOL. Recapture of Time Spent Abroad For H-1B Workers In a non-precedent decision, the AAO concluded that time spent outside the U.S. during the 6 years a beneficiary was an H-1B should not be counted toward the 6 years maximum period of stay, and thus the H-1B can be extended for the number of days the individual was shown to have been outside the country. US-VISIT Begins Deployment of Biometric Entry Procedures To Additional Land Border Ports of Entry with Canada and Mexico The U.S. Department of Homeland Security (DHS) announced on September 26, 2005 the scheduled expansion of the US-VISIT program’s biometric entry procedures to additional land border ports of entry (POE). US-VISIT entry procedures have been operational in the secondary inspection areas of the 50 busiest land border ports of entry since December 29, 2004, and are also in place at 115 airports and 15 seaports. Listed below are the additional land border ports of entry that will begin using US-VISIT biometric entry procedures, including dates of deployment, so that the deployment will be completed by December 31, 2005. “By moving ahead with the scheduled expansion of US-VISIT to these additional land border ports of entry, we are taking the next step toward achieving our long-term and comprehensive vision of 21st century immigration and border management system,” said Jim Williams, director of the US-VISIT program at the Department of Homeland Security. No changes will be made to the US-VISIT process or to the classifications of visitors subject to US-VISIT as the result of this expansion to added locations. US-VISIT applies to all visitors who apply for entry with a nonimmigrant visa, including those using a Border Crossing Card to travel beyond the border zone or for more than 30 days, or under the Visa Waiver program. As part of the process, Customs and Border Protection Officers collect digital, inkless finger scans and take a digital photo of the visitor. To date, more than 38 million international visitors have been processed through US-VISIT at air, sea and land border ports, and more than 850 criminals or immigration violators have been denied admission to the United States with the help of US-VISIT procedures. Experience has shown that the US-VISIT process is simple, fast, and clean for visitors. Indeed, at many land border ports of entry, the introduction of US-VISIT procedures has led to reduced processing times as DHS has automated processes where paper forms used to be used. DHS and US-VISIT are helping the United States demonstrate that it remains a welcoming nation – keeping America’s doors open and the nation secure. For more information on US-VISIT, or to learn more about entry procedures, please visit the US-VISIT Web site at www.dhs.gov/us-visit. Estimated start date of September 26, 2005: Falcon Heights POE, Falcon Heights, Texas Estimated start date of October 7, 2005: Skagway POE, Kiondike Highway, Skagway, Alaska Estimated start date of October 26, 2005: Chief Mountain POE, Route 17, Chief Mountain, Mont. Estimated start date of November 28, 2005: Fort Kent POE, 98 West Maine St., Fort Kent, Maine Estimated start date of December 19, 2005: Los Ebanos POE (Ferry), Texas Portions of this newsletter have been reprinted with permission from AILA The material contained in this newsletter is for informational purposes and should not be considered legal advice. For further information, please contact Anthony F. Siliato, Esq. |
The immigration law practice of Meyner and Landis LLP provides a full scope of immigration law services. This includes representation of large and small businesses seeking to recruit and retain foreign nationals to meet staffing goals; foreign nationals seeking work or trader or investor opportunities or wanting to achieve family reunification; and foreign nationals in deportation proceedings, including those who face removal from the U.S. due to criminal convictions.
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