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Current Issue
US IMMIGRATION NEWS UPDATE SEPTEMBER 2004 HEADLINES
NEW IMMIGRATION PHOTO REQUIREMENTS
On August 2, 2004, the US Citizenship and Immigration Services (“USCIS”) announced new immigration photo requirements. Beginning September 1, 2004, immigration photos must be size 2 inches by 2 inches or 50 mm by 50 mm, showing full-face view, no head covering, white background, and on thin photo paper. The new photo specifications are the same as US passport photo requirements. The old three quarter profile photos will no longer be accepted starting September 1, 2004. Applications previously submitted with the old photo specifications will not be affected by this change.
Download the USCIS flyer for new photo requirements:
 USCIS Flyer
UPDATE ON H1B VISA QUOTA FOR FISCAL YEAR 2005
The US Citizenship and Immigration Services (“USCIS”) has indicated that as of August 18, 2004, it had received 45,900 H1B petitions subject to the H1B annual quota for fiscal year 2005. Fiscal year 2005 begins on October 1, 2004 and ends on September 30, 2005. The law currently limits the total number of new H1B visas available each year to 65,000.
UPDATE ON H1B 7TH YEAR EXTENSION REQUIREMENTS
The US Citizenship and Immigration Services (“USCIS”) has advised that a request for an H1B extension beyond the 6th year must be filed no less than 365 days AFTER the date that the labor certification application or employed-based (“EB”) immigrant petition was filed. If the H1B extension is filed before the labor certification has been pending for at least 365 days, then the H1B extension is subject to denial, even if the extension would not take effect until after the 365 days.
The law generally allows a maximum of 6-year stay in H1B status. However, under a limited exception, an alien worker may obtain an extension of H1B status beyond the 6-year maximum when 365 days or more have passed since the filing of his or her application for labor certification or employment-based immigrant petition.
Download the USCIS memo on 7th year H1B extension:
H1B 7th Year Extension memo
“US-VISIT” ENTRY-EXIT SYSTEM REQUIRES FINGERPRINTS AND PHOTOS
The US Department of Homeland Security (“DHS”) has launched a new entry-exit system that records the arrival and departure of certain foreign citizens at designated US airports, seaports, and land ports of entry throughout the United States. The automated entry-exit system is called the “United States Visitor and Immigration Status Indicator Technology Program” (“US VISIT”). Under the US-VISIT program, foreign citizens entering the United States with nonimmigrant visas are fingerprinted and photographed. Specifically, foreign travelers are required to have their two index fingers scanned and a digital photograph taken upon arrival in the United States. The fingerprint and photograph requirments apply to those aged 14 to 79. The US-VISIT system not only records the arrival and departure of foreign travelers, but also verifies their identities and authenticates their travel documents through comparison of biometric identifiers.
By September 30, 2004, the US-VISIT procedures will be expanded to include visitors traveling under the Visa Waiver Program arriving at air and sea ports of entry.
The US-VISIT system is part of a continuum of security measures that begins overseas when a person applies for a visa to travel to the United States and continues on through entry and exit at US airports, seaports, and land border crossings. The US-VISIT program enhances the security of US citizens and visitors by verifying the identity of foreign citizens traveling into or departing from the United States.
Download the DHS flyer for the US-VISIT program:
US-VISIT Program Flyer
USCIS INTERNET APPOINTMENT SYSTEM
The US Citizenship and Immigration Services (“USCIS”) created an internet-based appointment system called InfoPass that enables the public to go online to schedule in person appointments with Immigration Information Officers at local USCIS offices. For individuals who have complex immigration questions or needs that are best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. To schedule an appointment with USCIS online, visit the InfoPass website at: http://infopass.uscis.gov.
InfoPass is currently available for USCIS district offices in the following cities: Anchorage, Alaska; Atlanta, Georgia; Baltimore, Maryland; Boston, Massachusetts; Buffalo, New York; Chicago, Illinois; Cleveland, Ohio; Dallas, Texas; Denver, Colorado; Detroit, Michigan; Honolulu, Hawaii; Houston, Texas; Los Angeles, California; Miami, Florida; New Orleans, Louisiana; New York City, New York; Newark, New Jersey; Philadelphia, Pennsylvania; Phoenix, Arizona; Portland, Maine; Portland, Oregon; San Diego, California; San Francisco, California; San Juan, Puerto Rico; Seattle, Washington; and Washington, D.C.
Download the USCIS Fact Sheet on the InfoPass online appointment system:
USCIS InfoPass Fact Sheet
EXTENSION OF ADMISSION PERIOD FOR BORDER CROSSING CARD USERS
On August 13, 2004, the US Department of Homeland Security (“DHS”) published an interim rule to extend the period of time certain Mexican citizens may stay in the United States without obtaining additional immigration documents. Currently, Mexican citizens who use Border Crossing Cards (“BCC”) to enter the United States are not required to obtain a Form I-94, Arrival/Departure Card, if their stay in the United States is less than 72 hours, and they remain within 25 miles of the border (or 75 miles within Arizona). The new rule extends the time limit to allow BCC holders to remain in the United States for up to 30 days without being issued a Form I-94. The geographic limitations remain unchanged. This new rule is intended to promote commerce along the border while ensuring that sufficient safeguards are in place to prevent illegal entry into the United States.
Download the DHS interim rule extending the stay of Border Crossing Cards holders:
DHS Interim Rule
LABOR CERTIFICATION BACKLOG REDUCTION PLAN
On July 21, 2004, the US Department of Labor (“DOL”) issued an interim rule that permits the DOL to transfer labor certification applications now awaiting processing by State Workforce Agencies (“SWA”) or DOL Regional Offices to a centralized labor certification processing center. The new centralized processing center is intended to reduce the long processing time and backlog of labor certification applications. This rule went into effect on August 20, 2004.
The interim rule does not affect the pending proposal to streamline procedures for permanent labor certification (i.e., PERM), which is expected to be finalized in 2004. This rule affects only applications filed under existing procedures, while the streamlined certification regulation will govern processing of new applications filed after that regulation takes effect.
Download the DOL interim rule regarding labor certification backlog reduction:
DOL Interim Rule
EXPEDITED REMOVAL FOR ILLEGAL ALIENS CAUGHT INSIDE THE UNITED STATES
On August 11, 2004, the US Customs and Border Protection (“CBP”) announced the expansion of its expedited removal program. For the first time, CBP will apply expedited removal to certain foreign citizens apprehended within the United States.
Expedited removal is a procedure that allows an Immigration Officer to deport foreign citizens summarily, without a hearing or review by an Immigration Judge. Prior to this expansion, the CBP only applied expedited removal to “arriving aliens” seeking entry at a port of entry and to a limited class of individuals who arrive in the United States by sea.
Under the expanded policy, Immigration Officers are now authorized to place in expedited removal any foreign citizen who: (1) is encountered within 100 miles of the US/Mexico or US/Canada border; (2) is inadmissible to the United States due to misrepresentation or failure to have appropriate documentation; and (3) cannot establish that he or she has been continuously present in the US for 14 days or longer.
Download the CBP notice regarding expansion of expedited removal:
CBP notice
NEW RULE ELIMINATES ONE-YEAR LIMITATION ON EMPLOYMENT AUTHORIZATION DOCUMENTS (EAD CARDS)
On July 30, 2004, the US Citizenship and Immigration Services (“USCIS”) published an interim rule to amend its regulations governing issuance of employment authorization documents (EADs) to lift the one-year limitation and establish USCIS discretion to modify EAD validity periods. For individuals granted asylum by an Immigration Judge or the Board of Immigration Appeals, the USCIS will issue initial EADs with validity periods of up to five years.
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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