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E&M
Visa Update for March 4, 2003
Volume
Three, Number Three
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Visa
Spotlight: INS Ceases to Exist; Immigration Benefits Transfer to
Department of Homeland Security and Successor Agency, BCIS
BCIS Filing Fees Return to Level Prior to January
24 Change
INS
Extends Special Registration Deadline for Groups 3 and 4
DOL
Says Sun Microsystems Failed To Comply with LCA Posting Requirement
for H-1B But Does Not Assess Civil Penalty
DOL
Fines Placement Firm Over Treatment of Foreign Teachers
Greenspan Says a Major Increase in Immigration
Could Help the Economy
All
BCIS Service Centers Update Processing Time Reports
Visa
Spotlight: INS Ceases to Exist; Immigration Benefits Transfer to
Department of Homeland Security and Successor Agency, BCIS
On March 1, the benefits function of the INS became part of the
new Bureau of Citizenship and Immigration Services (BCIS) within
the Department of Homeland Security. The new Web site for the BCIS
is http://www.immigration.gov/
While
the name has changed, the way one applies for services and benefits,
obtains forms, information and assistance will not change. INS forms
are still valid and they will continue to be accepted by BCIS. Forms
should continue to be mailed to the addresses currently indicated
on forms and notices. Local offices will remain in existing locations.
The National Customer Service Call Center will continue to be available
at 1-800-375-5283.
Banners,
posters, and pamphlets bearing the name of the new bureau were mailed
out to immigration offices across the country last week. However,
the transition will take awhile. For example, the BCIS advises that
checks made out to INS will be accepted for the time being.
In
addition to the BCIS and its leader, Eduardo Aguirre, former Vice-Chair
of the Export-Import Bank, there are a host of new immigration agencies,
each with its own acronym, leader and Web site:
BCBP
- Bureau of Customs and Border Protection; Robert Bonner, Commissioner
of Customs; http://cbp.customs.gov/
BICE - Bureau of Immigration and Customs Enforcement; Michael Garcia,
acting Commissioner of INS; http://www.bice.immigration.gov/
BICE
will be responsible for enforcement of customs and immigration laws.
In addition, the Bureau will also be responsible for protecting
federal buildings against terrorist and other threats. The 14,000
BICE employees will be comprised primarily of Customs Service and
INS Special Agents, INS Detention and Deportation Officers, INS'
Immigration Litigation Section, and Federal Protective Service (FPS)
employees. BICE Regional Directors are Paula Corrigan for the Eastern
Region, Robert A. Wallis serving the Central Region, and Anthony
Esposito in the Western Region. Interim BICE Directors at the local
level include Edward McElroy in New York City, Mike McMahon in Houston
and Mark Riordan in San Francisco.
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BCIS
Filing Fees Return to Level Prior to January 24 Decrease
On February 27, the INS readjusted the agency's fee schedule to
restore surcharges used for asylum and refugee services, fee exemptions
and fee waivers. The surcharges were deleted in a January 24 rule,
in accordance with Homeland Security Act, but that provision has
now been repealed.
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INS
Extends Special Registration Deadline for Groups 3 and 4
Last week, in one of its last acts, the INS extended the registration
periods for Special Registration Groups 3 and 4. Non-immigrants
of Pakistan or Saudi Arabia who are required to register under the
INS Notice published on December 18, 2002 (Group 3), to timely register
on or before March 21, 2003. In addition, INS will permit non-immigrants
of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait who are required
to register under the INS Notice published on January 16, 2003 (Group
4), to timely register on or before April 25, 2003. The INS extension
makes no other changes to the registration requirements. Special
Registration is part of the National Security Entry-Exit Registration
System (NSEERS). NSEERS is a component of the US government's efforts
to implement a comprehensive entry-exit program by 2005.
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DOL
Says Sun Microsystems Failed To Comply with LCA Posting Requirement
for H-1B But Does Not Assess Civil Penalty
On February 19, the US Department of Labor (DOL) administrative
judge ruled that Sun Microsystems failed to comply with the Labor
Condition Application (LCA) posting requirements, a key component
of the H-1B visa petition process, by failing to post two copies
of the LCA at the actual worksite at which the H-1B workers would
be working. The court also said that the violation was not substantial
or willful, and assessed no financial penalty.
In
an interesting sidelight, the DOL upheld the modus operandi between
HR departments and outside immigration counsel. The administrative
judge ruled that the fact that Sun's immigration manager did not
personally sign each LCA does not make the use of her authorized
signature, instead of her actual signature, a material misrepresentation
of fact, since the LCAs are prepared under her direction and signed
with her authorization.
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DOL
Fines Placement Firm Over Treatment of Foreign Teachers
The
US Department of Labor (DOL) has fined Teachers Placement Group,
Inc. of Plainview, NY, the company's founder and its president a
total of $120,000 in civil penalties for their treatment of 15 non-immigrant
foreign teachers. The company had recruited them from India to fill
math and science teaching jobs in the Newark, NJ public school system.
The company, its founder, Michael Vanjani, and president, Radha
Vanjani, are charged with willfully failing to pay the teachers
wages required under federal law, discriminating against the teachers,
and failing to comply with other requirements of immigration law.
DOL is also demanding that the company and the two individuals pay
the employees a total of $187,546 in back wages. The DOL is taking
steps to bar Teachers Placement Group, Inc and its principals from
sponsoring additional foreign workers for employment in the US.
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Greenspan
Says a Major Increase in Immigration Could Help the Economy
In a recent appearance before Congress, US Federal Reserve Chairman
Allan Greenspan noted that, "Short of a major increase in immigration,
economic growth cannot be safely counted upon to eliminate deficits
and the difficult choices that will be required to restore fiscal
discipline." The Federal Reserve's position could lead the
Bush administration and the Republican-controlled Congress to ease
immigration restrictions. It is likely that support will grow for
an expanded guest worker program for Mexican workers or a limited
amnesty for illegal immigrants. Current bargaining between the US
and Mexico regarding Mexico's support for a UN resolution authorizing
US military action in Iraq may give immediate impetus to stalled
US-Mexico immigration initiatives.
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All BCIS Service Centers Update Processing
Time Reports
The
Nebraska Service Center Processing Time Report was updated on
February 28 for the period ending February 15.
The
Texas Service Center Processing Time Report was updated on February
28 for the period ending February 15.
The
California Service Center Processing Time Report was updated
on February 26 for the period ending February 15.
The
Vermont Service Center Processing Time Report was updated on
February 19 for the period ending February 15.
To
view and print out the most recent INS service center processing
time reports, please visit http://www.emvisa.com/bcisreports.htm
Thank
you for taking the time to read this E&M Visa Update
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Thank you for taking the time to read this E&M Visa Update.
Elliot & Mayock LLP
Immigration and Nationality Law
1-866-321-VISA(8472) toll free
emvisa.com
"visas made easier"
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
(202) 429-1725
Fax: (202) 452-0161
infodc@emvisa.com
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
(415) 765-5111
Fax: (415) 765-5122
infosf@emvisa.com
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