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Archive for May 2008

USCIS IMPLEMENTS REQUIRED DNA TESTING FOR VIETNAMESE ADOPTIONS

According to a USCIS Update:  “U.S. Citizenship and Immigration Services (USCIS) announced today that its office in Ho Chi Minh City, Vietnam is implementing a DNA testing requirement for Vietnamese adoption cases where the birth parent(s) of the adopted child has been identified. USCIS is also reminding prospective adoptive parents that the agreement required by Vietnamese law to authorize adoptions between the United States and Vietnam will expire later this summer.”

A USCIS Q&A was also released on this subject.

USCIS MODIFIES APPLICATION FOR TEMPORARY PROTECTIVE STATUS

U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised the Application for Temporary Protected Status (Form I-821). The agency is publishing a notice in today’s Federal Register  to inform the public that the new form becomes effective on June 26, 2008.

EXTENSION OF OPT FOR QUALIFIED STUDENTS - SUPPLEMENTAL QUESTIONS AND ANSWERS

According to a USCIS Press Release:  “The U.S. Department of Homeland Security released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension is available to F-1 students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program.”

Supplemental Questions and Answers were released by the USCIS.

USCIS TO REVISE FILING INSTRUCTIONS FOR FORM I-751 - REMOVAL OF CONDITION

According to a USCIS Press Release:  “U.S. Citizenship and Immigration Services (USCIS) will soon be revising the filing instructions for the Petition to Remove Conditions on Residence (Form I-751) to require filing at the California or Vermont Service Centers, where all Forms I-751 are currently adjudicated.   The adjudication functions for these petitions have already been assigned to these locations in anticipation of this change. Therefore, all petitioners filing a Form I-751 are requested to file the petition with the California or

Vermont Service Centers, depending on the state in which they reside.”

PROPOSAL TO STREAMLINE H-2B PROCESS

According to an Associated Press article:  “The Bush administration wants to streamline the process of bringing foreign workers into the country for temporary nonagricultural employment, saying the current system takes too long and is too cumbersome for businesses desperately looking for employees.”

Apparently many hotels and restaurants on Cape Cod and other vacation destinations are having trouble finding seasonal workers.  The current system is not working for employers and the rules for temporary J visas that were also an alternative for businesses to hire trainees in years past have become more restrictive. 

NATURALIZATION THROUGH MILITARY SERVICE

According to a USCIS Fact Sheet:  “Members and certain veterans of the U.S. Armed Forces are eligible to apply for United States citizenship under special provisions of the Immigration and Nationality Act (INA).  In addition, U.S. Citizenship and Immigration Services (USCIS) has streamlined the application and naturalization process for military personnel and those who recently discharged.”

NIGHT OF 1,000 CONVERSATIONS

According to rightsworkinggroup.org:  “On June 19th, thousands of people from across the country will gather in homes, offices, coffee shops, and places of worship to discuss how the overreach of the Department of Homeland Security (DHS) is undermining the civil liberties and human rights of people living in America. The Night of 1,000 Conversations will promote awareness and mobilize our communities. People all over the country will engage each other in discussions about actions to help restore accountability to DHS’s practices. The Night of 1,000 Conversations will be the critical first step to launch a larger Rights Working Group campaign to demand extensive accountability at DHS. Hosting a conversation is easy and fun.”

VISA BULLETIN FOR JUNE 2008

The Department of State has released the Visa Bulletin for June 2008.

INVESTIGATION REVEALS SERIOUS ISSUES WITH U.S. DETENTION OF IMMIGRANTS

According to an article on washingtonpost.com:  “The investigation found a hidden world of flawed medical judgments, faulty administrative practices, neglectful guards, ill-trained technicians, sloppy record-keeping, lost medical files and dangerous staff shortages. It is also a world increasingly run by high-priced private contractors. There is evidence that infectious diseases, including tuberculosis and chicken pox, are spreading inside the centers.”

H-1B CAP-SUBJECT RECEIPT NOTICES

The filing fee checks for several regular cap-subject H-1B petitions that were filed by our office on April 1st have been processed.  Receipts for these cases should be forthcoming.  It looks like the USCIS is on track to issue receipts for accepted cases by its self-imposed June 2, 2008 deadline.  Good luck!