12/31/2003 IMMIGRATION ALERT
LOOKING AHEAD TO 2004

 

2003 has been one of the most interesting years in immigration law. Several significant events occurred which are worth remembering:

• On October 1, 2003, Congress allowed the $1,000 H-1 training fee to sunset. (http://www.hammondlawfirm.com/alerts/09.16.03alert.htm) This saved employers significant cost, which most promptly put into Premium Processing fees. It is expected that new legislation will soon be enacted that will re-authorize this fee.
   

• The biggest across-the -board change came earlier this month when the government suspended many components of its special registration (NSEERS) program http://www.hammondlawfirm.com/alerts/12.01.03alert.htm 

  Indeed, the Department of State published a somewhat funny FAQ on the subject,

  http://www.ice.gov/graphics/news/newsrel/articles/NSEERSFAQ120103.pdf, which included one of our favorite exchanges ever put out on government letterhead:
  Q. Why continue with any NSEERS activities -- you haven't caught any terrorists and you have just upset thousands of people based on their race and religion?
  A. We have caught suspected terrorists under NSEERS. While they may not be charged with terrorism grounds of inadmissibility or removability, that is not an indication of whether terrorists were caught.

  
  We'll allow the cynical members of the immigration community to comment on that exchange.

   

• Speaking of humorous governmental action, few events in the recent past provided our office with as big a laugh as the immigration authorities "name-shuffle" that happened this year. (See: http://www.hammondlawfirm.com/alerts/03.03.03alert.htm). After everything settled, the immigration bureau is now known as the U.S. Citizen and Immigration Service (USCIS or CIS).
   

On a more serious note, 2004 looks to be one of the most dramatic in recent history. It will be interesting to see how the hotly-contested Presidential election impacts pending legislative and regulatory action. For instance,

• Last week, CIS has announced that "[we] are not near the [H-1] cap at this time". CIS is projecting that the cap will be reached "in the spring". There have been several Congressional bills introduced which will raise the cap. It is expected that one ultimately passes. However the breadth and scope of the increase is unknown at this time.
   

• A reworking of the L-visa has been in the works for some time now (See: http://www.hammondlawfirm.com/alerts/07.17.03alert.htm  It remains to be seen if the L-visa is restricted, and if so, to what degree.

• The long-standing PERM Program appears that it will finally be brought on-line in Spring 2004. While a proposed set of regulations was announced in 2002 (See: http://www.hammondlawfirm.com/publications/PERM_article.htm), we are uncertain about the shape and form of the final Program. It is likely that many of the characteristics of the proposed program will take
   

Since the will likely be the last Immigration Alert of the Year, HLG would like to wish each and every reader of this publication a joyous and wonderful holiday season and a bountiful New Year. We are privileged to call many of you our clients and all of you our friends. Please do not hesitate to contact us with any questions that you may have on immigration practice and process.
 

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