Jul 26, 2004- New CIS Photograph Requirements
Beginning Monday, August 1, 2004, USCIS will begin accepting photographs in the Department of State (DOS) standard style (frontal view) for all benefits applications. There will be a transitional period during which the 3/4 profile style photos will continue to be accepted by USCIS for those cases currently requiring that format. USCIS will also announce a cut-off date after which only the DOS standard style photos will be accepted, which is expected to be September 1. USCIS will not send RFEs for DOS-style photographs on pending cases. USCIS also advised that it will issue a public notice regarding the new photos and applicable deadlines, and that it expects to generate new photo specs in approximately another six months, as DHS develops them to deal with new facial recognition software. Information on the types of photographs soon to be required is available at
http://travel.state.gov/passport/pptphotos/index.html.
Nankin & Verma PLLC will post additional information as it becomes available.
Jul 9, 2004- Department of Homeland Security Provides Public Notice of Handling of Passenger Name Record Data under the United States and European Union Agreement
On May 11th 2004, the Department of Homeland Security (DHS), Customs and Border Protection (CBP) provided the European Union (EU) with a document containing information regarding the matter in which the CBP will handle certain Passenger Name Record (PNR) data relating to flights between the United States and European Union member countries.
The document provides the framework within which the EU was able to approve several measures that the EU requires to permit the transfer of such PNR data to CBP, under EU law.
On May 17, 2004, the European Commission announced that it had issued an “adequacy finding'' for the transfer of such PNR data to CBP, and the European Council also approved a related international agreement for execution.
Jul 2, 2004- Congress Attacks The L visas In an Effort to Protect US Jobs
Selected members of congress have passed six bills attacking the L visa for intracompany transferees during this year. Although in its peak the L visa category only accounted for 65,000 visas in the fiscal year 2001, it is nonetheless considered a threat to American jobs.
The latest legislation attacking L visas is the elimination of the L-1B visa category for intracompany transferees with specialized knowledge. The other remaining category is the L-1A visa category reserved only for executive or managerial positions.
The L-1A and L-1B visas have served as vital mediums for job creation and business investment in the U.S. since their creation in 1970. The L-1B visa program has brought to the U.S., experienced personnel with specialized knowledge from abroad to expand U.S. business operations and thereby transfer their skills and knowledge to the U.S. workforce.
In a hearing concerning the legislation, panelists argued that the bills fail to recognize the importance of the L-1 visa as a tool to increase foreign investment and in fact create American jobs.
Nankin & Verma PLLC will continue you to update you about new and upcoming legislation concerning the L visa.
USCIS Backlog
Delays and backlogs at the USCIS have made it difficult for businesses to transfer their workforce from abroad, hire foreign talent to enhance their U.S. workforce and/or extend status for current foreign workers. The backlogs have also deterred brilliant students from around the globe from pursuing an education at U.S. institutions. Recently, the House Judiciary Committee’s Subcommittee on Immigration, Border Security and Claims held two oversight hearings that focused on these issues.
USCIS Director, Eduardo Aguirre, testified that it is his administration’s goal of eliminating backlogs and ensuring a six-month or less processing time by 2006. Mr. Aguirre described a plan with three main elements: “(1) Achieve a high-level of performance by establishing clear, concrete milestones and actively monitoring progress towards these milestones; (2) transform business practices by implementing significant information technology improvements and identifying processing improvements to transform the current way of doing business; and (3) ensure integrity by instituting comprehensive quality assurance measures.” The USCIS director denied that he required additional funds to meet his administration’s goals.
Paul Zulkie, president of AILA, gave testimony and described the consequences of these backlogs: “Through no fault of their own, families remain separated, businesses cannot acquire the workers they need, doctors with life-saving skills are prevented from entering the country, skilled professionals who are sought by American business to create American jobs remain stranded abroad.” Furthermore, he added, “backlogs not only harm the people directly caught in their web, they undermine public trust in the immigration system.”
The USCIS has taken numerous measures to reduce backlogs — some effective, while others are ineffective. Among the positive measures the USCIS has taken are instructions discouraging the readjudication of established facts, storing biometrics on file, creating Infopass, an on-line appointment system that has been implemented in three of USCIS’s busiest districts, and allowing applicants to check the status of their cases online.
Nankin & Verma PLLC will continue you to update you on the steps the USCIS is taking to eliminate backlog and reduce processing time.
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