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. 
December Visa Bulletin
The Department of State has released the December Visa Bulletin. EB2 India has retrogressed even further to January 1, 2002, EB2 China back to January 1, 2003. The other categories have seen minimal movement.
For full visa bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html
USCIS Issues Receipt Notice Update
USCIS has released the latest receipt notice update. The Service has clarified that they will honor the date the application is received in the mailroom, and this should be the date reflected on the receipt notice. As of November 9, 2007, the USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
Form Number | Date Rec’d | California Service Center | | N-400 | 10/15/2007 | All other forms | 11/08/2007 | Nebraska Service Center | | N-400 | 11/07/2007 | All other forms | current | Texas Service Center | | N-400 | 7/29/2007 | All other forms | current | Vermont Service Center | | N-400 | 7/31/2007 | All other forms | 11/15/2007 |
For full update see:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCRD New I-9 Form Released
On November 7, 2007, USCIS announced that a revised Employment Eligibility Verification Form (I-9) is available for use. USCIS also released a new M-274, Handbook for Employers, Instructions for Completing the Form I-9. USCIS "encourages" use of the new form immediately, but indicates that it will not be required until notice is published in the Federal Register. HLG will send out an Immigration Alert when the new notice is published.
The new I-9 reflects the removal of five documents that had been used for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); the old Alien Registration Receipt Card (Form I-151); the Reentry Permit (Form I-327); and the Refugee Travel Document (Form I-571).
You can download the new form here: http://www.aila.org/content/default.aspx?docid=23802
The new M-274 Handbook for employers is available on InfoNet document # 07110863 at: http://www.uscis.gov/files/nativedocuments/m-274.pdf
Also, you can view the USCIS announcement and Fact Sheet about the new Form I-9 at AILA InfoNet document # 07110740 at: http://www.aila.org/content/default.aspx?docid=23800
USCIS Clarifies No I-485 Receipt Notices Needed When Traveling Abroad
On November 1, 2007, the USCIS published a final rule in the Federal Register streamlining the readmission of certain “H” and “L” nonimmigrants who have applied for adjustment of status to permanent residency. The rule removes the requirement that such persons need to present a receipt notice for their I-485, Adjustment of Status applications when reentering the US.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Consulates Crackdown on DUI Offenses
The Department of State has recently advised the consulates on how to handle applicants with criminal records showing arrests or convictions for drunk driving or other alcohol related offenses. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction will be referred to a panel of physicians for evaluation. In order for the consulate to issue the visa, the doctor must submit a report to the consulate finding that the alcohol-related incident is not likely to reoccur in the future. Applicants are advised to contact their HLG attorney before going for visa stamping if they have any DUI or alcohol-related offenses on their record.
http://www.unitedstatesvisas.gov/index.html
USCIS Centralizes Filings of H-2As
The USCIS has announced that starting December 10, 2007, H-2A petitions for temporary/seasonal agricultural workers will be accepted by the California Service Center only.
http://www.uscis.gov/files/pressrelease/H2A_filing_9nov07.pdf
Diversity Lottery FY-2009 Open
The Diversity Visa Lottery for the Fiscal Year 2009 is now open. Entries for the lottery must be submitted electronically between noon Eastern Daylight Time (EDT) Wednesday, October 3, 2007 and noon Eastern Standard Time (EST) Sunday, December 2, 2007. The Diversity Visa Lottery is administered on an annual basis by the Department of State and allows for a maximum of 55,000 Diversity Visas to be allocated each fiscal year to “diversity immigrants”, i.e. persons from countries with low rates of immigration to the United States.
For full instructions see: http://travel.state.gov/pdf/2009DVInstructions.pdf
HLG Welcomes Anne Rodrigo
Anne Rodrigo has joined our Cincinnati office as an associate in the business immigration practice group. She earned a J.D. from the DePaul University College of Law in 2005 and a B.A. from the University of Cincinnati in 2001. Anne will focus on employment-based immigration cases. Anne speaks Spanish and has both worked and studied abroad. She is a member of the American Immigration Lawyers Association, the Cincinnati Bar Association, and the Ohio Bar Association.
http://www.hammondlawfirm.com/bios/anne_rodrigo_bio.htm | 
