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

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