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E&M
Visa Update for July 11, 2003
Volume
Three, Number Seven
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Visa
Spotlight: Diversity Visa Lottery 2004 Winners Notified
DHHS Announces Availability of Residency Waiver
Applications for J-1 Physicians
Eduardo Aguirre Confirmed as the First BCIS Director;
Vows 'World-Cass' Service to Immigration Attorneys; Confronts "Culture
of No"
California
to Release Revised Nurse-Staffing Ratios
BCIS Initiates InfoPass: Pilot Program in Florida
for Making Appointments Online
New Federal Anti-Terrorism Initiative "Operation
Landmark" Underway: I-9 Records Being Demanded from Employers
at Potential Terror Targets
GAO Report Uncovers Broken Down Visa Revocation Process
All Service Centers Update Processing Time Reports
O’Connell
Returned from Maternity Leave on July 1
Mayock
to Attend National Healthcare Conference in Las Vegas; E&M Lunch
Seminar on International RN Recruitment in Las Vegas on July 18
Visa Spotlight: Diversity Visa Lottery 2004 Winners
Notified
Approximately 111,000 winners of the DV-2004 diversity lottery applicants
have been registered and notified, and may now make an application
for the 50,000 immigrant visas available each year in this program.
Due to the large number of "no-shows," the Department
of State "overbooks." Visas are issued on a first-come,
first-served basis, and all visas must be issued by September 30,
2004. Approximately 7.3 million entries were received during the
one-month application period that ran from October 7, 2002 through
November 6, 2002. An additional 2.9 million applications were either
received outside of the mail-in period or were disqualified for
failing to properly follow directions. To qualify, diversity visa
lottery winners must provide proof of a high school education or
its equivalent, or show two years of work experience in an occupation
that requires at least two years of training or experience within
the past five years. The dates for the mail-in period for the DV-2005
lottery program will be widely publicized in August 2003.
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DHHS Announces Availability of Residency
Waiver Applications for J-1 Physicians
The Exchange Visitor Program of the Department of Health and Human
Services (DHHS) announced the availability of applications to request
a waiver of the two-year foreign residency requirement. This program
is for physicians with J-1 visas who agree to deliver health care
services for three years in primary care or mental health Professional
Shortage Areas (HPSAs) or medically underserved areas or populations
(MUA/Ps).
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Eduardo Aguirre Confirmed as the First
BCIS Director; Vows 'World-Cass' Service to Immigration Attorneys;
Confronts ‘Culture of No’
On June 19, the day on which Eduardo Aguirre, Jr. addressed the
plenary session of the 2003 AILA (American Immigration Lawyers Association)
Annual Conference in New Orleans, the US Senate confirmed him as
the first director of the newly established BCIS (Bureau of Citizenship
and Immigration Services), the successor agency to the INS.
Aguirre, a Cuban refugee who grew up in New Orleans, pledged Thursday
to transform a backlogged, low-tech operation into "a world-class
service organization." Aguirre's audience, some 3,000 immigration
lawyers assembled in New Orleans, greeted the message with a mix
of support and skepticism. Palma Yanni, the president of the 8,000-member
immigration lawyers' organization, said that Aguirre should focus
on the "Culture of No" that has developed among BCIS workers
since the terrorist attacks of Sept. 11. "No one wants to be
the next one to let the bad guys in," Yanni said.
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California
to Release Revised Nurse-Staffing Ratios
The California Department of Health Services (DHS) announced this
week that its revised nurse-to-patient staffing regulations will
be published on June 30 or July 1. The comment period will begin
the same date, and end on July 17. Comments will be accepted only
on the revisions, and there will be no public forum for comments.
Instead, all comments should be sent to DHS at the address published
with the revisions. The California Healthcare Association (CHA)
and the Association of California Nurse Leaders (ACNL) are planning
a series of educational programs throughout the state in September
that will focus on the final nurse-to-patient regulations.
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BCIS
Initiates InfoPass: Pilot Program in Florida for Making Appointments
Online
On June 23, immigration officials in Florida, who process 4,000
people a day, began taking appointments over the Internet as part
of a pilot program called InfoPass. The program seeks to eliminate
waiting in line for hours, or even overnight in order to make an
appointment. People can make appointments a week in advance for
any service usually processed through the information line -- travel
documents, case status checks and general immigration information.
The Miami office, which usually processes between 800 and 1,000
people a day, will take 300 Internet appointments each day. The
program is available in the Miami, West Palm Beach, Orlando, Tampa
and Jacksonville offices. If successful, it will be rolled out nationwide.
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New Federal Anti-Terrorism Initiative
"Operation Landmark" Underway: I-9 Records Being Demanded
from Employers at Potential Terror Targets
BICE (Bureau of Immigration and Customs Enforcement) authorities
in Chicago are aggressively auditing I-9 records of immigrants in
high-profile workplaces such as the Sears Tower, according to business
owners and community officials. BICE has requested I-9 documents
for about 30,000 workers locally. All workers, including US citizens,
must have an I-9 on file with their employer to show that they have
the legal right to work in the US.
The new initiative, known as "Operation Landmark," has
resulted in the arrests of several undocumented immigrants who worked
at the Sears Tower. Warren Dodge, president of Levy's Restaurants,
said that BICE demanded I-9 forms for several Sears Tower tenants
beginning in mid-April. It is estimated that the I-9 audit of employers
at potential terrorist targets, proceeding company by company, may
take many years. Under a previous program "Operation Tarmac,"
INS investigators checked the I-9s of all airport employees against
social security records and criminal records, leading to many arrests
of undocumented aliens using phony documents and permanent residents
with criminal histories.
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GAO Report Uncovers Broken Down Visa Revocation
Process
The GAO (General Accounting Office) reports that the US government
has no specific written policy on the use of visa revocations as
an antiterrorism tool and no written procedures to guide the Department
of State in notifying the relevant agencies of visa revocations
on terrorism grounds. Further, State, INS, and the FBI do not have
written internal procedures for notifying their appropriate personnel
to take specific actions on visas revoked by the State Department.
State and INS officials said they use the revocation process to
prevent suspected terrorists from entering the country, but none
of the agencies has a policy that covers investigating, locating,
and taking action when a visa holder has already entered. This lack
of formal written policies and procedures has contributed to systemic
weaknesses in the visa revocation process that increase the possibility
of a suspected terrorist entering or remaining in the United States.
In the GAO review of 240 visa revocations, it found that appropriate
units within INS and the FBI did not always receive notifications
of all the revocations; names were not consistently posted to the
agencies' watch lists of suspected terrorists; 30 individuals whose
visas were revoked on terrorism grounds had entered the US either
before or after revocation and may still remain; and INS and the
FBI were not routinely taking actions to investigate, locate, or
resolve the cases of individuals who remained in the US after their
visas were revoked.
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All Service Centers Update Processing
Time Reports
The Nebraska Service Center Processing Time Report was updated on
July 8 for the period ending July 1.
The Vermont Service Center Processing Time Report was updated on
July 8 for the period ending July 1.
The
California Service Center Processing Time Report was updated on
July 7 for the period ending July 1.
The Texas Service Center Processing Time Report was updated on July
7 for the period ending July 1.
To view and print out the most recent INS service center processing
time reports, please visit http://www.emvisa.com/bcisreports.htm
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O’Connell Returned from Maternity
Leave on July 1
Associate Christine O’Connell returned to the San Francisco
office beginning on Tuesday, July 1. Christine gave birth to her
daughter, Sabine, in March. We welcome her back! In order to better
enjoy motherhood and attend to her additional duties, Christine
will work in the San Francisco office fours days a week. She will
be out of the office on Wednesdays. We wish to thank Jennifer Shih,
Susan Zivic Breece and the support staff of Elliot & Mayock
for their steadfast efforts to serve the firm’s clients during
Christine’s absence.
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Mayock
to Attend National Healthcare Conference in Las Vegas; E&M Lunch
Seminar on International RN Recruitment in Las Vegas on July 18
On July 16-18, Jim Mayock will attend the annual conference of the
National Association for Health Care Recruitment (NAHCR) in Las
Vegas. NV. At the NAHCR event, Mayock will meet with healthcare
HR professionals and learn about their foreign recruitment successes
and challenges.
E&M
invites NAHCR attendees and healthcare HR professionals in the Las
Vegas area to enjoy a complimentary lunch buffet and learn about
recruiting international RNs. The event will be held at Al Dente
Ristorante, on the Casino Level of Bally’s, 3645 Las Vegas
Blvd South on Friday, July 18 from 12:30 – 2 pm. Please RSVP
via email or by calling toll free 1-866-321-VISA (8472).
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Thank you for taking the time to read this E&M Visa Update.
Elliot & Mayock LLP
Immigration Attorneys
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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