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April 2002
Current Issue
INS CONSIDERS REDUCING VISITOR VISA ADMISSION PERIOD TO 30 DAYS
On March 19, 2002, the Immigration and Naturalization Service ("INS") Commissioner, James Ziglar appeared before Congress to respond to questions about the recent approval notices issued in the cases of the two men who flew the planes in the World Trade Center on September 11, 2001. In his testimony, Mr. Ziglar stated that the INS is considering regulatory changes that would result in most holders of visitor’s visas being admitted for a period of 30 days, rather than the current practice of admitting visitors for 180 days. According to Commissioner Ziglar, the INS is also considering changes to regulations that would prevent a person who has entered under some other status from beginning a course of study before their request for a change to student status is approved.
UPDATE ON VISA REVALIDATION
The Department of State, Visa Office ("VO") is now processing visa revalidation applications in approximately 6 to 8 weeks. The VO reports that refusal rate has increased significantly in recent times. The rise in denials is the result of new requirements such as the Form DS-157, new Form DS-156, and higher standard on photographs.
H-1B PROCESSING REPORT
The INS reported that during first quarter of the current fiscal year ("FY"), from October 1, 2001 to December 31, 2001, approximately 28,000 H-1B petitions had been approved against the 195,000 limit for FY 2002. In addition to the petitions already approved, the INS has an estimated 18,000 pending petitions that may be counted against the H-1B cap. Not all pending petitions will ultimately count against the cap. Some petitions are denied while other petitions are exempt from the cap (i.e. petitions approved for certain types of employers such as colleges, universities, and non-profit research organizations.) In total, the INS received approximately 54,000 H-1B petitions during the first quarter of FY 2002. This is an approximately 58 percent decrease from the level of filing the INS experienced during the first quarter of FY 2001. The INS received approximately 129,000 H-1B petitions during that time however, the level of filings were exceptionally high in the first quarter of FY 2001 due to a fee increase that took effect late in the calendar year.
UPDATE ON NONIMMIGRANT VISA PROCESSING IN PARIS
Due to security considerations, the U.S. Embassy in Paris will only accept visa applications by mail. A mail applicant may be asked to present himself or herself for a personal interview at a specified time and date at the discretion of the Consular Officer.
The U.S. Embassy continues to have significant problem with passports stolen from the regular French mail system. Therefore, all applicants are required to send their visa applications by courier (e.g., Chronopost, FedEx, DHL) envelope and provide a courier envelope for the return of the passport and visa. The applicant is responsible for recording the envelope’s tracking number and contacting the delivery company if the envelope does not arrive. Visa applications received by other means will be returned to the sender.
For detailed information on the latest visa processing requirement in Paris, please visit the U.S. Embassy website at www.amb-usa.fr
VISA SERVICES SUSPENDED AT U.S. CONSULATES, PESHAWAR, LAHORE, AND KARACHI IN PAKISTAN
The Department of State ("DOS") has suspended visa services at the U.S. Consulates in Peshawar, Lahore, and Karachi in Pakistan. U.S. citizen services will continue to operate at these Consulates.
The U.S. Embassy in Islamabad, Pakistan is open for all services, including visa services. However, from time to time, the consular posts in Pakistan may temporally close or suspend public services as necessary to review their security posture. The suspension of visa services at these Consulates appears open-ended.
NEW WEB-BASED VISA APPOINTMENT SYSTEM IN INDIA
The U.S. Consulate in Chennai, India introduced a Web-based appointment system for nonimmigrant visa applicants on February 13, 2002. Qualified nonimmigrant visa applicants will be able to schedule appointments for visa interviews through the Internet at www.ttsvisas.com
For applicants not eligible to use the "Drop Box" or "Business Express" programs, advance appointments will become mandatory starting on March 4, 2002. This Website will be maintained by TT services under instructions from the U.S. Consulate, Chennai and no additional fee will be levied for the appointment.
This system is already in use at the U.S. Embassy in New Delhi and at the U.S. Consulate in Mumbai.
ARGENTINA REMOVED FROM VISA WAIVER PROGRAM
The Department of Justice ("DOJ") terminated Argentina’s participation in the Visa Waiver Program ("VWP"), effective February 21, 2002. Thus, Argentine citizens will now need to obtain a visa before traveling to the United States. The DOJ announced that Argentina’s participation in the VWP "is no longer compatible with the enforcement of immigration laws of the United States." The decision follows Argentina’s recent economic collapse that has led to a 20 percent unemployment rate and economic uncertainty.
The DOJ explains that there has been an increase in the number of Argentine citizens attempting to use the VWP to enter the U.S. and remain here illegally beyond the authorized 90-day period. Argentine citizens who intend to travel to the U.S. for legitimate business or pleasure are now required to obtain a nonimmigrant visa at a U.S. consulate or embassy prior to their arrival into the United States.
The Visa Waiver Program permits citizens from selected countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a nonimmigrant visa from a U.S. consulate officer abroad. With the removal of Argentina, the following 28 countries remain in the VWP: Andora, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom, and Uruguay.
USDA TERMINATES J-1 WAIVER SPONSORSHIP
The U.S. Department of Agriculture ("USDA") has terminated its J-1 waiver sponsorship program effective February 27, 2002. The USDA will no longer act as an interested government agency. The USDA will process the 86 pending applications for interested government agency sponsorship upon receipt of security clearances from the Department of Justice and Department of State.
HIGH COURT NULLIFIES BACK PAY AWARD TO UNDOCUMENTED ALIEN
The U.S. Supreme Court rules, 5-4 that the National Labor Relations Board ("NLRB") is precluded from awarding back pay to undocumented alien who had never been legally authorized to work in the United States. See Hoffman Plastic Compounds v. NLRB, No. 00-1595, March 27, 2002.
Download the electronic slip opinion of the court:
 Hoffman Plastic Compounds v. NLRB, No. 00-1595, March 27, 2002
OUR OFFICE PUBLISHES THIS NEWS UPDATE TO PROVIDE THE PUBLIC WITH GENERAL
INFORMATION REGARDING THE LATEST DEVELOPMENTS IN US IMMIGRATION LAW. THE
INFORMATION IN THIS NEWS UPDATE SHOULD NOT BE INTERPRETED AS LEGAL ADVICE.
READERS ARE STRONGLY ADVISED TO CONSULT A QUALIFIED IMMIGRATION LAWYER TO
RESOLVE THEIR INDIVIDUAL CIRCUMSTANCES. FOR CONSULTATION WITH AN IMMIGRATION LAWYER,
PLEASE CALL US AT (626) 279-5341 OR E-MAIL US AT INFO@BCCVISALAW.COM. AN ATTORNEY IN OUR OFFICE WOULD BE HAPPY TO ASSIST YOU.
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