US BORDER SECURITY REFORMS
On August 10, 2007, the US Department of Homeland Security Secretary Michael
Chertoff and Commerce Secretary Carlos Gutierrez announced new reforms that
will be carried out in regards to immigration and border security. These new
changes will include taking steps such as:
1) Increase funds that will be used to better the fencing, add more personnel
and provide more detention beds to accommodate the vast number of illegal immigrants
until they can be returned
2) Require state and local law enforcement officers to receive training in
illegal immigration matters
3) Close the “voluntary departure loophole” that allows many immigrants
to gain more time in the United States
4) Require all Federal contractors and vendors to use the Federal Electronic
Employment Verification System (E-Verify) in order to verify the legal status
of their potential employee
5) Reform the H-2A Agricultural program
6) Issue regulations to make the H-2B program (non-agricultural workers) more
efficient
7) Require the Department of Homeland Security and the Social Security Administration
to carry out studies in order to guarantee that illegal immigrants do not earn
Credit in the Social Security system for illegal work
Also, the Department of Homeland Security issued the final “No-Match”
regulations, which holds employers accountable for their undocumented employees
if they receive a no-match letter and fail to respond within 90 days.
USCIS PROPOSES REPLACING GREEN CARDS WITHOUT EXPIRATION DATES
On August 22, 2007, the US Citizenship and Immigration Services (USCIS) proposed
a new rule requiring nearly 750,000 lawful permanent residents carrying Permanent
Resident Cards without an expiration date to replace their current cards.
The proposed rule would require lawful permanent residents to apply for a new
Permanent Resident Card (Form I-551), commonly referred to as a “green card,”
during a 120-day filing period. The change would allow USCIS to
issue more secure permanent resident cards, update cardholder information, conduct
background checks, and electronically store applicants’ fingerprint and
photographic information.
Permanent Resident Cards are issued as evidence of the holder’s authorization
to live and work in the United States. In August 1989, the former Immigration
and Naturalization Service (INS) began issuing new cards with a 10-year expiration
date and required residents to apply periodically for a new card. Between 1979
and 1989, however, the cards were issued without expiration dates. These are
the cards that are the subject of the proposed rule.
The rule proposes that affected lawful permanent residents file an Application
to Replace Lawful Permanent Residence Card (Form I-90) in order to replace their
current “green card.” The Form I-90 requires applicants to provide
current biographic and biometric (photographs and fingerprint) information.
Application Support Centers across the United States and new automated filing
procedures would give USCIS the ability to process a large number of applications
during a short period of time.
In addition, the rule proposes a mechanism for terminating “green cards”
without an expiration date. Under the rule, USCIS would be able to terminate
permanent resident cards without an expiration date via notice in the Federal
Register.
DELAYS IN ISSUING RECEIPT NOTICES FOR IMMIGRATION APPLICATIONS
On August 31, 2007, the US Citizenship and Immigration Services (USCIS) announced
that due to a tremendous increase in the number of applications filed, processing
of fee payments and entry of cases into their tracking system is behind schedule.
As a result, applicants can expect notices of receipt to be delayed. USCIS is
working to deal with the increased volume. Delay in fee processing and data
entry will not affect an applicant’s Change of Status or Extension of
Stay eligibility if all other eligibility requirements are met. USCIS continues
to process Premium Processing Service requests within 15 days. USCIS will honor
the actual date that an application was received in their mailroom; this date
will be indicated on the receipt (in the Received Date box) when Form I-797,
Notice of Action, is mailed.
As of August 31, 2007, USCIS has completed data entry and
issued receipt notices for applications and petitions received on or before
the dates indicated:
California Service Center
Form Number and Date Received:
I-130 8/06/2007
N-400 7/24/2007
All Other 8/16/2007
Nebraska Service Center
Form Number and Date Received:
I-131 7/26/2007
I-140 7/26/2007
I-485 Employment Based 7/26/2007
I-765 7/26/2007
N-400 7/24/2007
All Other 8/05/2007
Texas Service Center
Form Number and Date Received:
I-131 6/30/2007
I-140 8/13/2007
I-485 Employment Based 6/30/2007
I-765 6/30/2007
N-400 7/15/2007
All Other 8/19/2007
Vermont Service Center
Form Number and Date Received:
I-130 7/25/2007
N-400 7/22/2007
All Other 8/20/2007
USCIS National Benefits Center (Chicago Lockbox)
Form Number and Date Received:
I-485 Family Based 7/30/2007
ZERO TOLERANCE FOR MISTAKES IN PERM LABOR CERTIFICATION APPLICATIONS
The Board of Alien Certification Appeals (BALCA) upheld the Department of Labor's
(DOL) zero tolerance policy for errors in filling-out the PERM labor certification
application. In the Matter of Alpine Store, Inc. (BALCA decision dated June
27, 2007), the Employer omitted completing the alternate combination of education
and experience in section H. The DOL officer asserted that this made the labor certification application
incomplete and subject to denial.
The Employer argued for reconsideration on the basis that the application did
not warrant a denial for a "slight error" and that a simple Request
for Evidence would have resulted in correction of the omission. The Employer's
argument is apparently derived from the old labor certification procedure, when
Employers could correct defects anywhere along the way, before or after the
final decision, by responding to a Notice of Findings or Remand from the DOL.
Under new PERM labor certification program, no defects are permitted. The application
form must be 100 percent correct to be approvable. If this appears unfair, it
should noted that not only has DOL implemented Zero Tolerance, but the USCIS
has also headed in that direction. In a June 2007 memorandum, the USCIS California
Service Center Director declared that as of August 17, 2007, USCIS officers
have new guidelines regarding issuance of Requests for Evidence (RFEs). Applications
and petitions are no longer considered properly filed if signed and accompanied
by the required filing fee. Instead, "Every application or petition, regardless
of the benefit sought, must include information in all required blocks and include
all supporting evidence. The new guidelines provide that if incomplete, the
petition or application may be denied immediately. In situations where required
initial evidence is submitted but does not establish eligibility, the USCIS
may deny the petition for ineligibility."
