| Dear Readers, The PERM regulation was published in the Federal Register on December 27, 2004 and changes the way that employers must file Labor Certifications. I would like to make you aware of a couple of highlights of this legislation that will have an effective date of March 28, 2005. First, the prevailing wage standard is the same for both PERM and the recent H-1B amendments, and employers are now required to pay 100% of the prevailing wage; the 5% variance is no longer allowed. The Department of Labor will change the way that wage levels are determined by adding two levels of wages commensurate with experience, education, and level of supervision, bringing the total to four wage levels. Guidance to the State Workforce Agencies on how to apply the new four levels will be forthcoming. Finally, the goal for decisions on PERM electronically filed applications is 45 – 60 days, a significant improvement over the current processing times. In other news, USCIS issued a memorandum that indicates how adjudicators will handle cases affected by the retrogression of the priority date for EB-3 petitions from mainland China, India, and the Philippines. As of January 1, 2005, those priority dates retrogressed to January 1, 2002. Until further notice, affected applicants from mainland China, India, and the Philippines will not be able to file form I-485 or concurrently file forms I-140 and I-485 unless an immigrant visa number is available, pursuant to the Visa Bulletin. Relevant I-485 petitions that USCIS received before December 30, 2004 that are currently in the pipeline will be set aside and not processed until a visa number becomes available. Pipeline applicants will, however, still be eligible to apply for interim benefits such as employment authorization and advance parole. Also, USCIS has rescinded its memo advising that I-140 and I-485 petitions would be concurrently adjudicated. I-140 and I-485 petitions will now once again be adjudicated separately as they were before the memo of March 3, 2004 . It is my pleasure to serve you and keep you informed. If you have any questions or concerns about immigration, please feel free to e-mail me at sardar@durrani.com. Sincerely, 
Sardar Durrani |
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» Summary and Analysis of PERM Regluation Available From AILA
» USCIS Issues Memo for Extension of Validity of Medical Certifications Filed With AOS Applications
» USCIS Publishes Correction Notice for Direct Filings
» USCIS Issues Memo on Regression of Certain Visa Numbers, Recission of Memo on Concurrently Filed I-140s and I-485s
» DOS Releases Notice for Permanent Deployment of the Biometric Visa System
» USDOJ Has New Immigration Litigation Bulletin Available
» AILA Issues New Washington Update
» New Immigration Monthly Statistical Report Available for Oct. 2004
» Executive Office for Immigration Review Responds to Newsday Article
» EOIR Burdened by Appeals - From NY Newsday
» Tracking Down Immigrant Fugitives
» Judge Orders Deportation of Accused Kurd
» Fierce Battle Likely Over Immigration Reform
» Universal Sense of Horror And A Reminder of A Common Humanity
» Immigrant Communities Await Word From Asia
» Immigration Policy: Nursing Source At Risk
» Report: U.S. Waging War Against Immigrants
Summary and Analysis of PERM Regluation Available From AILA AILA has a detailed analysis of the new PERM regulations available. You can read them here. USCIS Issues Memo for Extension of Validity of Medical Certifications Filed With AOS Applications For adjustment of status applicants, the endorsement of a civil surgeon on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is generally valid for one year. Some adjustment of status applications are concurrently filed with an immigrant visa petition as provided for at 8 CFR 245.2(a)(2). These applications are filed with a Form I-693 as required by 8 CFR 245.5. Some of these applications remain pending for more than the one-year validity period. You can read the rest of this story here. USCIS Publishes Correction Notice for Direct Filings U.S. Citizenship and Immigration Services (USCIS) is
correcting a notice that was published in the Federal Register on
November 19, 2004, at 69 FR 67751 which announced the expansion of the
Direct Mail Program to provide that certain filings of Forms I-485, I-
765, and I-131, be filed at a designated Chicago, Illinois lockbox
facility for initial processing. In the supplementary information to
the notice, USCIS inadvertently advised aliens applying for adjustment
of status as special immigrants under section 101(a)(27)(I) of the
Immigration and Nationality Act (Act) (i.e. certain officers and
employees of international organizations and their eligible family
members) to submit their Form I-485 to the lockbox facility.
Accordingly, USCIS is issuing this correction to remove this category
of aliens from the listing. In addition, the notice directed all aliens
applying for work authorization through a grant of deferred action (8
CFR 274a.12(c)(14)) to submit their Forms I-765 to the Chicago lockbox
facility. The adjudications for Forms I-765 filed by aliens who have
been granted deferred action based upon (1) an approved Form I-360 (as
a battered spouse or child of a U.S. citizen or lawful permanent
resident), (2) a pending bona fide application for T nonimmigrant
status (Form I-914), or (3) U nonimmigrant status interim relief were
centralized at the Vermont Service Center. Accordingly, the notice is
being corrected to exempt those three classes of aliens from filing
their Forms I-765 with the Chicago lockbox facility.
You can view the rest of this information here. USCIS Issues Memo on Regression of Certain Visa Numbers, Recission of Memo on Concurrently Filed I-140s and I-485s The USCIS has issued two memos, one dealing with the regression of certain visa numbers, and the other recinding a previous memo dealing with concurrently filed I-140s and I-485s. You can read the rest of this story here. DOS Releases Notice for Permanent Deployment of the Biometric Visa System This public notice announces the Biometric Visa Program, which has been operating in a pilot mode since September 22, 2003, which became a permanent program effective October 26, 2004. You can read the rest of this story here. USDOJ Has New Immigration Litigation Bulletin Available The Department of Justice has released its new Immigration Litigation Bulletin for September of 2004. You can read the bulletin here. AILA Issues New Washington Update AILA has released a new edition of their monthly newsletter "Washington Update," dated December 27th, 2004. You can read the update here. New Immigration Monthly Statistical Report Available for Oct. 2004 The USICIS has released their monthly immigration statistics report for October, 2004. You can read the statistics here.
» Executive Office for Immigration Review Responds to Newsday Article
» EOIR Burdened by Appeals - From NY Newsday
» Tracking Down Immigrant Fugitives
» Judge Orders Deportation of Accused Kurd
» Fierce Battle Likely Over Immigration Reform
» Universal Sense of Horror And A Reminder of A Common Humanity
» Immigrant Communities Await Word From Asia
» Immigration Policy: Nursing Source At Risk
» Report: U.S. Waging War Against Immigrants
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