The Business Immigration Monthly is Hammond Law Group’s latest web-based newsletter, directed at international workers and employers seeking the most up-to-date news on U.S. immigration issues, specifically those that impact workers on H, L, E, and O visas and workers seeking permanent residency. Featured Article 
Government Giveth, Taketh, and Giveth Again
On July 17th the Department of State rescinded their July 2 Interim July 2007 Visa Bulletin and reinstated their June 15th July 2007 Visa Bulletin, making all immigrant Visa Bulletin dates current through the end of July. The USCIS followed up with a press release further extending current visa dates until August 17th. Attendent documents, such as EADs (Employment Authorization Documents) and APs (Advance Parole travel authorization), will also be accepted until that date. The CIS is also suspending the forthcoming filing fee increase until August 17 for I-485s, EADs, and APs. Filing fees for all other cases will go into effect on July 30, including the filing fee associated with the I-140, Immigrant Petition. For answers to frequently asked questions please see:
http://www.hammondlawfirm.com/alerts/485s_accepted_no_fee_increase.htm
For the July 17th bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html and http://www.hammondlawfirm.com/alerts/july_dates_all_current.htm
The USCIS Answers I-485 Frequently Asked Questions
The USCIS has released a series of answers to some common issues/questions that have come up with the I-485 filings. Of the most significance are the following clarifications:
- I-485 cases may be filed without medical exams (the USCIS will issue a RFE requesting such an exam after the case is filed);
- I-485 petitions will be rejected if filed with the incorrect filing fee amount;
- I-485 petitions should be filed with either Texas of Nebraska Service Centers;
- the USCIS will accept applications filed and received on August 17th, those received on August 18th will be rejected;
- there may be a delay on the issuance of receipt notices for I-485 filings; and
- I-485 petitions may be filed where the I-140 petition is pending.
For full text of the FAQ see: http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Substitution Eliminated, Labor Good for 180 Days, and Labor Costs Go to Employers
On July 16th, the new Department of Labor regulation went into effect suspending the practice of labor substitution, implementing a 180 day validity period for labor certifications, and requiring the employer to cover all costs associated with the labor certification stage. Under the new rule, any labor certification case filed and approved prior to July 16, will be consider as if approved on July 16th, thereby remaining valid until January 12, 2008. For those employers that currently have agreements with their employees for payments of fees during the green card process, please contact your HLG attorney to discuss whether these are compliant with the new regulation.
For more information see: http://www.hammondlawfirm.com/alerts/three_looming_changes_to_labor_certfication.htm
Premium Processing for I-140s Suspended Until Further Notice; Filing Fees Set to Increase on July 30th
Other than I-485 petitions, the filing fees will increase for other petitions starting July 30th. Applications or petitions postmarked or otherwise filed on or after that date must include the new fee.
The new fee schedule can be found here: http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
USCIS Issues Update on Receipt Notices
The USCIS has issued an update on the Service Centers’ delay on issuing receipt notices for various filings. As of July 20th the Service Centers expect in-time compliance for receipting as follows:
Nebraska Service Center:
I-140 EB compliant by 8/1/2007
I-485 compliant by 8/1/2007
I-765 (EAD) complaint by 8/1/2007
Texas Service Center:
I-485 EB compliant by 10/26/2007
Vermont Service Center:
I-129 compliant by 7/28/2007
I-539 compliant by 7/28/2007
For full list of excepted in-time compliance for receipt notices please see: http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
Comprehensive Immigration Reform (CIR) Dead
On June 28 the final nail was put into the Senate’s much-debated and much-hated Comprehensive Immigration Reform bill. CIR would not have solved retrogression, nor have provided H-1 cap relief, and likely not even have solved this country’s undocumented worker phenomenon.
http://hammondlawgroup.blogspot.com/2007/06/dead.html
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