[Note:
We will write a few news items here
from time to time.]
1.
DV 2007 LOTTERY PROGRAM
[The application period
for Diversity Visa for 2007 ended on December
4, 2005.]
2.
GUSET WORKER PROGRAM, OR MORE?
United
States Congress is now actively considering
various proposals for undocumented aliens
in the United States. While there is no
definitive official number of undocumented
aliens, even government officials acknowledge
that it could be in the range of 12 to 15
million. There is also no doubt that a vast
majority of them are without any blemish
on their record, except for the fact that
they are not in legal status. Although there
are strong anti-immigrant lobbies, presenting
themselves in different garbs, that openly
oppose any legislation to provide any relief
to any of the undocumented aliens, it seems
Congress is now poised to pass some measure(s)
aimed at providing some relief, be it in
the form of a nonimmigrant status for a
temporary period, euphemistically called
a “Guest Worker Program,” or
a more permanent relief at least to some,
if not to a vast majority of, undocumented
aliens.
While the crystal ball continues to swing
back and forth between the two extreme
positions, a consensus seems to be emerging
that Congress is most likely to enact
some kind of ameliorative provisions,
most likely in February or March of 2006—immediately
after Congress returns from winter recess
and begins its work in late January 2006.
We will provide any breaking news on and
about any steps that Congress may take.
3.
USCIS FEE INCREASES TAKE EFFECT
The
new USCIS fee structure became effective
on October 26, 2005. USCIS made this announcement
in the September 26 issue of the Federal
Register, announcing an increase of about
$10 for most USCIS forms, and $5 for some
others. Fee increases apply to as many as
36 forms, including such commonly used forms
as I-129, I-130, I-131, I-140, I-360, I-485,
I-539, I-601, I-765, N-400, etc.
4.
SENATE & HOUSE OF REPRESENTATIVES: MORE
H-1B AND EB VISA NUMBERS?
The
U.S. Senate passed a proposal to provide
temporary relief in terms of making available
some more H-1B visa numbers in the fiscal
year 2006, and also substantive relief from
the employment-based immigrant visa retrogression
in exchange for increased fees on some petitions.
The final Senate proposal does the following:
1.
Impose a new $500 fee on immigrant
visa petitions for the EB-1, EB-2,
and EB-3 categories;
2.
Recapture
unused employment-based visas from
prior years for immediate allocation
of up to 90,000/year. There are estimates
that 90,000 to 100,000 unused numbers
could be made available;
3.
Exempt spouses and minor children
from counting against the annual cap
on employment-based immigrant visas.
This could lead to an annual increase
of 80,000 to 90,000 employment-based
immigrant visas;
4.
Allow individuals to apply for adjustment
of status before an immigrant visa
becomes available, except that USCIS
cannot approve them until the visa
number becomes available;
5.
Recapture approximately 300,000 unused
H-1B numbers dating back to FY 1991.
However, pursuant to Senator Feinstein's
amendment, 30,000 rather than 60,000
would be available annually. This
in effect would raise the cap from
65,000 to 95,000 for a long time,
at least 10 years;
6.
Impose
a new fee of $500 on such recaptured
H-1B visas only, without changing
the fee for the first 65,000 H-1B
allotment; and
7.
Impose
a new $750 fee on L-1 visas.
However,
on December 16, the House passed the harsh
enforcement-only bill that would criminalize
by one (AILA) estimate 11 million immigrants
(Border Protection, Antiterrorism, and Illegal
Immigration Control Act of 2005 (H.R. 4437)).
This House bill would do the following:
1.
Criminalize unlawful presence;
2.
Further curtail jurisdictional powers
of judicial courts over immigration
matters;
3.
Curtail
the due process rights of aliens including
lawful permanent residents;
4.
Expand expedited removal;
5.
Further expand the definition of aggravated
felony;
6.
Create new grounds of deportability
and inadmissibility;
7.
Increase
mandatory detention powers;
8.
Place limitations
on eligibility for naturalization, etc.
The
Senate amended the budget reconciliation
bill before passing it December 19th. It
means that it will return to the House for
final passage. It is likely that the House
will pass it without the H-1B and EB visa
provisions, although final passage may be
delayed until some time in late February
or March, 2006.
U.S.
Department of Homeland Security has temporarily
suspended certain regulatory requirements
for a specific group of F-1 nonimmigrant
students in the areas adversely affected
by Hurricane Katrina. In a notice published
in Federal Register, see 70 FR 70992, on
November 25, 2005. It provides for “Short-Term
Employment Authorization and Reduced Course
Load for Certain F-1 Nonimmigrant Students
Adversely Affected by Hurricane Katrina.”
