US Immigration Law Blog - by Ashwin Sharma, Esq.

H-1B Recruiting Companies Sue USCIS, DHS over Changes

2010-06-25T01:37:00Z

Eweek.com reports that H-1B recruiting firms have filed suit against USCIS, DHS over changes to the H-1B presumably related to the Neufeld Memo. The companies indicate that the government is overstepping its mandate and burdening these specialists with an intrusive and costly ruling that they estimate will cost more than $100 million.

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USCIS Seeks Public Comment on Proposal to Adjust Fees for Immigration Benefits: Fact Sheet

2010-06-25T01:25:00Z

VIA USCIS

Introduction

U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions. The proposal, posted to the Federal Register on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

Background

USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation’s immigration laws, process applications, and provide the infrastructure needed to support those activities. This proposed rule results from a comprehensive fee review begun in 2009.

USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

Highlights of 2010 Proposed Fee Rule

The proposed fee rule would increase the average application and petition fees by approximately 10 percent.

Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.

The proposed rule would establish three new fees for:

Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation; and
Recovery of the cost of processing immigrant visas granted by the Department of State.

The rule also proposes to adjust fees for the premium processing service. This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.

The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:

Petition for Alien Fiancé (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817); and
Application for Replacement Naturalization/Citizenship Document (Form N-565).

Current and Proposed Immigration Fees

Application/Petition Description	Current Fees	Proposed Fees
I-90 Application to Replace Permanent Resident Card	$290	$365
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	$320	$330
I-129 Petition for a Nonimmigrant worker	$320	$325
I-129F Petition for Alien Fiance(e)	$455	$340
I-130 Petition for Alien Relative	$355	$420
I-131 Application for Travel Document	$305	$360
I-140 Immigrant Petition for Alien Worker	$475	$580
I-290B Notice of Appeal or Motion	$585	$630
I-360 Petition for Amerasian, Widow(er) or Special Immigrant	$375	$405
I-485 Application to Register Permanent Residence or Adjust Status	$930	$985
I-526 Immigrant Petition by Alien Entrepreneur	$1,435	$1,500
I-539 Application to Extend/Change Nonimmigrant Status	$300	$290
I-600/600A Orphan Petitions	$670	$720
I-687 Application for Status as a Temporary Resident	$710	$1,130
I-690 Application for Waiver on Grounds of Inadmissibility	$185	$200
I-694 Notice of Appeal of Decision	$545	$755
I-698 Application to Adjust Status From Temporary to Permanent Resident	$1,370	$1,020
I-751 Petition to Remove Conditions on Residence	$465	$505
I-765 Application for Employment Authorization	$340	$380
I-817 Application for Family Unity Benefits	$440	$435
I-824 Application for Action on an Approved Application or Petition	$340	$405
I-829 Petition by Entrepreneur to Remove Conditions	$2,850	$3,750
Civil Surgeon Designation	$0	$615
I-924 Application for Regional Center Under the Immigrant Investor Pilot Program	$0	$6,230
N-300 Application to File Declaration of Intention	$235	$250
N-336 Request for Hearing on a Decision in Naturalization Proceedings	$605	$650
N-400 Application for Naturalization	$595	$595
N-470 Application to Preserve Residence for Naturalization Purposes	$305	$330
N-565 Application for Replacement Naturalization/Citizenship Document	$380	$345
N-600/N-600K Naturalization Certificate Applications	$460	$600
Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612)	$545	$585
Immigrant Visa	$0	$165
Biometric Services	$80	$85

Last updated:06/09/2010

New York Times article on the plight of E-2 visa business owners in limbo

2010-06-02T01:31:00Z

Via The New York TImes

"It was an unusual sign, even for a restaurant here along the Maine coast, where seasonal home-grown businesses are a way of life.

“Closed. Gone to try and get a new visa,” read the hand-scrawled message taped inside the window of Laura’s Kitchen, a cozy eatery that specialized in corned beef hash and omelets and where the tiny tables were still set with brightly colored napkins. “Hope to see you in the spring. Dean & Laura.”

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USCIS To Issue Redesigned Green CardFact Sheet

2010-06-02T01:23:00Z

VIA USCIS

Introduction

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card - commonly known as the "Green Card" - to incorporate several major new security features. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Card Features

Front of Card	Previous	New
Optical Variable Ink		X
Holographic Image	X	X
Embedded Radio Frequency Identification Device (RFD)		X
Laser Engraved Fingerprint		X
Unique Background Design		X

Back of Card
Optical Media Stores All Digital Files, Including Biometrics	X	X
Micro-image, High Resolution Pictures of State Flags and Presidents	X	X

Features of note:

USCIS number is now listed on the front of the card. The alien registration number is listed on the back of the redesigned Green Card (i.e., A# 000-000-000).
Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
Special ink creates color shifts in visual designs (e.g., eagle's head).
Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
Greater detail in photograph makes for easier identification of the bearer.
Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
In keeping with its nickname, redesigned Permanent Resident Card is now green.

Last updated:05/26/2010