>
Date: Fri, 19 Apr 2002 18:52:15 -0700
X-Mailer: Internet Mail Service (5.5.2653.19)
[somebody subscribed the swiss-list to this mailing list. It seems
to have potentially useful information, so I let this one through,
but if you want to get the additional newsletters I suggest that
you subscribe yourself by going to their website. The moderator]
Volume Two, Number Eight published by <http://www.emvisa.com/> Elliot &
Mayock LLP
Visa Spotlight: Proposed Changes Would Sharply Reduce Length of Stay for B
Visa Holders and Limit Changes or Extensions of Stay
Department of Labor Addresses Weakened Job Market and Its Effects on
Reduction In Recruitment (RIR) Labor Certification Applications
Senate Passes Bill to Plug Immigration-Related Security Gaps
INS Now Requires Change to Student Status Prior to Beginning Studies
CA, NE & VT INS Service Centers Update Processing Time Reports
spotVisa Spotlight: Proposed Changes Would Sharply Reduce Length of Stay for
Visitors on B Visa and Limit Changes or Extensions of Stay
The INS is proposing significant changes to the rules governing the period
of time visitors are permitted to remain in the United States. The proposed
changes would:
1) eliminate the minimum 6-month admission period for B-2 non-immigrant
pleasure visitors, and instead base the admission period on the amount of
time needed to accomplish the purpose of the trip (in many cases 30 days),
just like it has always been for B-1 business visitors;
2) reduce the maximum initial admission period for all B non-immigrant
visitors from one year to six months.
3) limit the conditions for which an extension of stay in B non-immigrant
visitor status can be granted to cases involving hardship or impossibility,
and reduce the maximum length of that extension;
4) prohibit non-immigrants admitted in B visitor status from changing to
student status unless they state an intention to study at the time of
admission, and have that annotated on their I-94.
According to INS statistics, most visitors for business and visitors for
pleasure are admitted under the Visa Waiver Program, not with B visas.
Reducing the normal period of admission for B visa holders may not be as
useful in increasing security, as its proponents would hope. Moreover, INS
is likely to get plenty of B extension requests, flooding the four Service
Centers with unnecessary work.
But the worst impact will be on business visitors who would prefer to stay
longer than the initial time frame, but who cannot meet the heightened
requirements for B extensions. Those who try the extension process and fail
may have their visas considered VOID upon return due to overstay [Section
222g]. Those who leave and come back soon after departure may not be
readmitted.
*
laborDepartment of Labor Addresses Weakened Job Market and Its Effects on
Reduction In Recruitment (RIR) Labor Certification Applications
The Department of Labor Employment and Training Administration (DOL ETA) has
been dealing with the weakened job market and its effects on the processing
of Reduction in Recruitment (RIR) labor certification applications. Using
RIR procedures with minimal print advertising worked well when the economy
was strong. However, after the economic downturn, DOL ETA began to question
whether RIR procedures were still acceptable.
DOL ETA wishes to avoid a return to huge processing backlogs that were
standard before RIR procedures were implemented and it has been searching
for a way to allow for an adequate test of the labor market in both strong
and weak economic times. DOL ETA is also seeking to provide a consistent
policy for the various regional offices. Finally, DOL ETA wants to offer
equitable treatment of RIR cases for which recruitment and filing were
accomplished before the economic downturn, but which have remained pending.
Recently, DOL ETA issued a memorandum to encourage consistent approaches by
the various regions regarding the effects of the economic downturn on labor
certifications. E&M will continue to monitor DOL ETA decision-making and
its effects on RIR labor certification applications.
*
senateSenate Passes Bill to Plug Immigration-Related Security Gaps
Today, the Senate passed a bill intended to address security weaknesses
exposed in the September 11 terrorist attacks. The hijackers entered the US
on tourist, student and business visas, though several had lost their legal
status before Sept. 11.
The bill would increase the number of immigration inspectors and
investigators, improve tracking of foreign students and implement a more
careful review of visa applications from foreign countries listed as
sponsors of terrorism. The bill requires that the FBI and the CIA share
more information with the Department of State (DOS), which issues all visas.
DOS would have to issue machine-readable, tamper-resistant visas imprinted
with identifiers like fingerprints or retina scans.
Senator Edward Kennedy, the chief sponsor of the Senate bill, said:
"Immigration is not the problem; terrorism is. We must identify and isolate
potential terrorists, not isolate America." President Bush supports the
legislation. Implementation of the bill depends on whether or not Congress
provides the money in a separate appropriations bill.
*
studentINS Now Requires Change to Student Status Prior to Beginning Studies
On April 12, the INS issued an interim rule prohibiting non-immigrant
visitors admitted in B-1 or B-2 status from pursuing a course of study prior
to obtaining approval of a change to F-1 or M-1 student status. Previously,
foreign nationals, in the US as a B-2 visitor, were allowed begin a course
of study while awaiting approval of their change of status application.
*
cgfns
cscCA, NE & VT Service Centers Update Processing Time Reports
The <http://www.emvisa.com/svcctrprocesstimes.htm> California Service
Center Processing Time Report was updated on April 15, for the period ending
April 12.
The <http://www.emvisa.com/svcctrprocesstimes.htm> Nebraska Service Center
Processing Time Report was updated on April 9, for the period ending March
31.
The <http://www.emvisa.com/svcctrprocesstimes.htm> Vermont Service Center
Processing Time Report was updated on April 8, for the period ending April
1.
To view and print out the most recent INS service center processing time
reports, please visit <http://www.emvisa.com/svcctrprocesstimes.htm>
http://www.emvisa.com/svcctrprocesstimes.htm.
*
marchmanilaemafedcali
Thank you for taking the time to read this E&M Visa Update.
unsubTo Subscribe
Please reply to <mailto:infosf_at_emvisa.com> infosf_at_emvisa.com and include
the word "SUBSCRIBE" in the subject line. You will receive confirmation
e-mail that the action has been completed.
To Unsubscribe
Please reply to <mailto:infosf_at_emvisa.com> infosf_at_emvisa.com and include
the word "UNSUBSCRIBE" in the subject line. You will receive confirmation
e-mail that the action has been completed.
*
Elliot & Mayock LLP
Immigration and Nationality Law
1-866-321-VISA (toll free)
<http://www.emvisa.com/> emvisa.com
"visas made easier"
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
(202) 429-1725
Fax: (202) 452-0161
<mailto:infodc_at_emvisa.com> infodc_at_emvisa.com
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
(415) 765-5111
Fax: (415) 765-5122
<mailto:infosf_at_emvisa.com> infosf_at_emvisa.com
=================================================================
To unsubscribe from the swiss-list mailing list send the
message body of "unsubscribe swiss-list" to majordomo_at_swiss-list.com
or visit http://www.swiss-list.com/mailing/
Received on Sat Apr 20 2002 - 04:49:17 PDT
