Gunster – Immigration Alert, September 20, 2006
PREMIUM PROCESSING OF I-140 PETITIONS
On August 28, 2006 the United States Citizenship and Immigration Services began to accept I-140 immigrant visapetitions for foreign nationals that qualify under two of the sub-categories within the third employment based category (EB-3). As a result, companies that have approved labor certifications that qualify under the EB-3categories of “skilled workers” and “professionals” are able to process their I-140 petitions on a fast track basis by paying an additional filing fee of $1,000. By paying this amount, petitioners are guaranteed a response to their petitions within 2 weeks.
VISA WAIVER PROGRAM PASSPORT REQUIREMENT TRAVELER GUIDE
The Department of Homeland Security has recently updated the Visa Waiver Program Passport Requirement Traveler Guide. The guide clarifies changes in passport and e-Passport requirements for visitors traveling to the United States as part of the Visa Waiver Program (VWP). Specifically, individuals who will travel to the U.S. under this program on or after October 26, 2006 must have in their possession an ePassport.
LOCAL OFFICES TO DISCONTINUE ISSUANCE OF EMPLOYMENT AUTHORIZATION DOCUMENTS (EAD)
USCIS also recently stated that starting on October 1, 2006 EADs (I-688B Employment Authorization Documents) will no longer be issued at the local USCIS district offices and that new procedures for the processing of interimEAD applications are currently in effect. Specifically, the Service Centers or the National Benefits Center (NBC)will be responsible for adjudicating the pending I-765 and issuing the interim or non-interim EAD card. Anindividual can submit a request for an interim EAD with the local district office. The local office will then verify that the previously filed I-765 remains pending and contact the NBC or Service Center to initiate EAD production –either interim or non-interim. The individual will then be given notice acknowledging the status inquiry. The applicant will not be given an interim EAD card by the local district office. He or she must wait until the Service Center or NBC issues the card and mails it out.
We want all clients to be aware that there has been and will continue to be increased scrutiny on all immigration fronts for the foreseeable future. Immigration laws and policies are in flux and practices and procedures that were routine for many years are now changing. Human Resources Directors and Managers need to remain informed, as do foreign employees that the company may be sponsoring. This advisory is not legal advice and does not substitute for legal advice inan individual case. If you have any questions concerning these changes or any other procedures or policies concerning foreign nationals within your company, please contact:
Sarah Lea Tobocman – Chair, Immigration Practice Group
Phone: 305-376-6065 – E-mail: [email protected]
Armando A. Olmedo – Senior Associate, Immigration Practice Group
Phone: 305-376-6061 – E-mail: [email protected]
Jennifer Estrella – Associate, Immigration Practice Group
Phone: 305-376-6031 – E-mail: [email protected]
