Beginning December 3, 1997, under the provisions of provisions of the Department of Justice Appropriations Act, 1998, the INS is prohibited from accepting fingerprint cards used for background checks which have been prepared by an individual or entity other than the INS, a registered State or local law enforcement agency (LEA), a U.S. consular office at a U.S. embassy […]
Author Archives: Support Desk
Update on public charge, the new affidavit of support & consular processing
On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),which, among other changes, provides that an alien is excludable or inadmissible to the United States based upon the likelihood of becoming a public charge if the alien is seeking an immigrant visa, admission as an immigrant, or adjustment of status as: (a) […]
Reduction of Recruitment (RIR) for Labor Certifications
With the increasing backlogs in processing labor certifications in almost all regions in the U.S. and significant cutback of federal funds for the Departments of Labor, the importance of qualifying for the Reduction of Recruitment (RIR) or fast track is very important. Regular labor processing in States like California, New York and New Jersey can take as long as […]
J1 and J2 Change of Status
The INS appears to have recently changed its longstanding policy with regard to changes of status from J-1 to J-2 and vice versa. No official Memorandum has been issued by the INS as yet and they are planning to issue a Memorandum to address this issue in the near future. A J-1/J-2 exchange visitor who is subject […]
INS ON EB-2 and EB-3 classifications for Employment-Based Preference Petitions
AILA sought clarification and INS conceded that certain INS Service Centers which were denying EB-2 classification should be allowing EB-2 and not EB-3 as they are undertaking. This issue is particularly important for nationals of India and China who are experiencing substantial backlogs in the EB-3 classification. The issue is whether in order to qualify for EB-2 classification for permanent […]
INS on H-1B Transfers from a Parent to Subsidiary and Vice Versa
In a recent letter from the INS to an AILA attorney, INS through John W. Brown, Acting Branch Chief, Business & Trade Services Branch Benefits Division, addressed the issue of the requirement of whether to file a new or amended H1B Petition under certain specific circumstances. When a company transfers employees to a subsidiary company (and the subsidiary had […]
NIW Petitions and Proposed Regulations
In December 1997, in a Liaison meeting between AILA and the INS, the INS addressed the issue of using certain guidelines in adjudicating I-140 national interest waiver (NIW) cases. Some AILA members complained that certain INS adjudicators appear to apply criteria that were part of proposed regulations that were never adopted. Although INS has addressed this issue before, they […]
Delays in processing of LCAs for H1B Petitions
As many of you know, an H1B Petition cannot be approved until and unless, the Department of Labor certifies the Labor Condition Application (LCA). This LCA is very different from the Labor Certification (LC) often required in order to obtain permanent resident status/”green card” status. When filing an H1B Petition, the employer must file attestations with the Department of […]
INS proposes an increase in fees
Immigration and Naturalization Service (INS)Commissioner Doris Meissner has directed the INS to ensure its fees are based on actual costs for providing its various services. According to the INS, it is losing close to $1 million a day in fees. Meissner outlined four internal milestones that would signal the beginning of those improvements: The case backlog beginning […]
How Does an Individual Obtain a Temporary Visa to Enter the U.S.?
Persons can enter the U.S. temporarily as visitors or tourists, business persons, students and employees and for a variety of other reasons. These temporary visas are known as non-immigrant visas and are issued at U.S. embassies and Consulates located in most countries. Visa officers at the issuing embassy or consulate need to be convinced that the visa applicant will not […]
