A bill (S.3414) that would recapture family-sponsored and employment-based immigrant visas lost to bureaucratic delays was introduced in the U.S. Senate.  Similar to the bill passed by the House Judiciary Subcommittee, this bill would also prevent loses of family and employment-based immigrant visas in the future.   To read the entire text of this bill, please go to THIS LINK.

There seems to be positive movement in Congress when it comes to helping out the immigrant visa backlog.  As more information becomes available, we will post it at www.bashyamspiro.com.

In what could be considered a positive step for at least some immigration reform this year, the House Judiciary Subcommittee held a mark-up session today and approved three pieces of immigration-related legislation.

H.R. 6020, sponsored by Representative Lofgren (D-CA), would amend the INA to allow soldiers who have served in support of contingency operations to be eligible for naturalization and for other purposes.

H.R. 5882, sponsored by Representative Lofgren (D-CA), would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays and to prevent losses of these visas in the future.

H.R. 5924, sponsored by Representative Wexler (D-FL) would provide 20,000 employment-based visas per year for three years specifically for nurses.

All three bills will now go to the full House Judiciary Committee for review. A review date has not been set. We will watch these important bills closely and will provide an update as new information becomes available.

The United States Citizenship and Immigration Service (USCIS) posted an update on its web site about changes it is making to the biometrics requirement for reentry permit and refugee travel document applications (Form I-131).  The most important change is that applicants (between the ages of 14 and 79) must now provide biometics (finger prints) before departing the United States.  This is in addition to the requirement that the application be made while the applicant is physically present in the U.S. The immigration service filing fee for biometrics is $80.  

Although the USCIS advises applicants to apply for a reentry permit well in advance of travel,  one can request expedited processing.  To do so, an applicant must submit pre-paid express mailers with the Form I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed reentry permit or refugee travel document, if approved.  A request for expedited processing should contain the applicant’s reasons for such processing so that USCIS may determine whether the applicant qualifies for expedited processing.

A reentry permit is needed if a lawful permanent resident needs to travel outside the U.S. for more than one (1) year.

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years.

The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.

The USCIS issued the following questions and answers to further explain this new policy.

What is an EAD?

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Who is eligible for an EAD that is valid for two years?

The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9).

When will applicants expect to receive the new two-year EAD?

USCIS expects to implement this initiative for cases pending on June 30, 2008.   Applicants filing Form I-765 under 8 C.F.R., Section 274.a.12(c)(9) should begin to receive their two-year EAD a couple of weeks after the anticipated June 30, 2008 implementation date.

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual.   Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed.  If an immigrant visa number is available, USCIS will grant the one-year EAD.

How will USCIS decide whether to issue an EAD valid for one or two years?

USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin available at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.   If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years.  USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.

If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD.   However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date.

If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?

If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

The USCIS recently issued an interoffice memorandum that revised its prior policy on waiting until the FBI name check was completed to adjudicate an I-485 Adjustment of Status application.  Under its revised policy, the USCIS now has the authority to adjudicate an otherwise approvable I-485 adjustment application if the FBI name check has been pending for over 180 days but has not been completed.  This does not mean that every adjustment case that has been pending for over 180 days will be approved.  The priority date for the case must still be current at that time for adjustment adjudication to take place.  Copied below is a paragraph from the USCIS Interoffice Memorandum that goes into additional detail on its revised policy. 

A definitive FBI fingerprint check and the IBIS check must be obtained and resolved before an Application for Adjustment of Status (I-485), Application for Waiver of Ground of Inadmissibility (I-601), Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (I-687), or Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)(I-698) is approved.  USCIS will continue to initiate FBI name checks when those applications are received.  Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with card issuance.  The FBI has committed to providing FBI name check results within this timeframe.

There is no change in the requirement that FBI fingerprint check, IBIS check and FBI name check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

Pending further guidance regarding post-audit reporting and tracking requirements and modifications to associated quality assurance procedures, applications approved pursuant to this memorandum shall be held at the adjudicating office.  If derogatory or adverse information is received from the FBI after the application is approved, USCIS will determine if rescission or removal proceedings are appropriate and warranted.

The United States Citizenship and Immigration Service issued a Frequently Asked Questions (FAQ) memo yesterday that addressed a number of questions people have regarding filing I-140 and I-485 applications pursuant to the July Visa Bulletin No. 107.  Since the FAQ is helpful and informative, we have listed each question and answer below.

Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?