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April
Immigration Alert |
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Welcome
by Irina B.
Plumlee and Julie S.
Wade
Welcome to
the April 2008 issue of Gardere’s Monthly Immigration
Alert. This is a complimentary service to clients and
friends of the firm to keep you informed of pertinent
developments in immigration law that may affect you
and/or your employees. Please feel free to contact Irina
B. Plumlee at (214) 999-4862 or Julie S. Wade at (214)
999-4916 with your comments and questions.
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Department
of Homeland Security (DHS)
Update:
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- The United States Citizenship and
Immigration Services (USCIS) has reported that, during the
first five days of new H-1B petitions acceptance, they have
received sufficient number of proceedings to meet and exceed
the H-1B 65,000 regular and additional 20,000 Master’s
degree cap. Per the USCIS’s data, the agency has
received approximately 163,000 H-1B petitions, including
more than 31,000 H-1Bs for individuals with U.S. graduate
degrees. The USCIS is conducting a computerized
selection process for petitions to be processed under the
cap and will start with selection of the 20,000 advanced
degree professionals for processing under the degree
exemption. Advanced degree petitions not selected for
processing would be included in the general H-1B lottery to
be conducted for the 65,000 H-1B slots.
- The USCIS has confirmed that it will not
reject H-1B petitions filed for processing under the cap
that were mailed to the wrong USCIS processing center. This
applies only to the petitions filed with the USCIS Vermont
or California Service Centers (i.e., the centers charged
with H-1B processing responsibilities).
- The DHS has granted REAL ID extensions to
all U.S. states and jurisdictions. Under the
congressional mandate, states were to meet a May 11, 2008
deadline for achieving higher driver’s licenses and ID
cards’ security standards. REAL ID compliance
extensions are valid until Dec. 31, 2009. By then, all
states are obligated to meet the federal security standards
for their driver’s licenses and ID cards to be accepted for
official business (e.g., air travel).
- The DHS has published a rule extending the
period of Optional Practical Training (OPT) for qualified
F-1 students from 12 to 29 months. However, the
extension is available only to students with degrees in
science, engineering, technology or mathematics who are
employed by businesses enrolled in the federal E-Verify
program. Additionally, the DHS has provided limited
protection to OPT students with pending H-1B proceedings
whose OPT work authorization expires prior to Oct. 1, 2008
(i.e., effective date of new H-1B petition approvals).
Please note that only those students whose H-1B proceedings
get selected for processing under the H-1B cap would be
eligible for the “cap gap” measures. Once an OPT
student’s H-1B petition is selected for processing, the
petitioning employer may need to amend its H-1B petition for
the student pursuant to the DHS’s
guidance.
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- On April 10, 2008, the USCIS
released a new version of Form I-765, Application for
Employment Authorization (EAD). The new Form
I-765 will fully replace all prior versions of the
form as of May 9, 2008.
- The USCIS has issued a new version
of the medical examination report for Adjustment of
Status applicants. When scheduling medical
examination appointments, foreign nationals should
confirm availability of the new report form with
doctors’ offices.
Immigration
Enforcement:
Litigation continues on
the government’s “no-match” letter regulation. A
Final Rule was published in August 2007, laying out an
employer’s obligations upon receipt of a no-match letter
from the Social Security Administration or a similar
letter from the Department of Homeland Security
(DHS). A Federal District Court issued an
injunction preventing implementation of this rule, and
the next action is expected in June when the parties are
set to conference. On March 21, 2008, DHS
announced a supplemental proposed rule, with few changes
to the previous rule, and is seeking comments. As
of now, no-match regulations have not been cleared for
implementation. Stay tuned. |
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Customs and Border
Protection (CBP) Update:
CBP
recently announced a pilot program launch for Summer
2008. The new program, Global Entry, should
expedite U.S. entry processing for low-risk frequent
international travelers. Global Entry should be
available for U.S. citizens and lawful permanent
residents (i.e., Green Card holders) who frequently
travel internationally and who have not been found
guilty of criminal offenses and/or charged with
immigration or customs violations, or declared
inadmissible to the U.S. Biometric technologies
will be used to verify the “trusted traveler’s” identity
and participation in the Global Entry program.
Global Entry travelers should be able to bypass regular
passport control officers at U.S. airports and undergo
entry processing at special kiosks. Global Entry
program participation will by application only, and will
require a one-time $100 processing fee and an in-person
interview.
Department of Labor (DOL)
Update:
The DOL has
published its Final Rule on E-3 visa Labor Condition
Application (LCA) requirements and filing
procedures. While the Rule addresses mostly
procedural matters, it is also a helpful reminder of the
E-3 nonimmigrant work visa program available for certain
Australian professionals coming to the U.S. to work in
specialty occupations. E-3 is a useful alternative
to H-1B and L work permits for nationals of Australia.
Interested employers should consult immigration counsel
regarding possible E-3 applicability.
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Irina Plumlee is a Partner with Gardere
Wynne Sewell LLP and heads its Immigration
Practice. Ms. Plumlee can be reached in the Dallas
office at 214.999.4862 or by email at iplumlee@gardere.com. |
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Julie Wade is
an Associate with Gardere's Immigration Practice. Ms.
Wade can be reached in the Dallas office at 214.999.4916
or by email at jwade@gardere.com. |
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