October 2007: Misuse of a Social Security Number a Deportable Crime
A Petitioner’s conviction of misuse of a social security number obtained by fraud was found to be a crime involving moral turpitude, rendering him subject to removal.

October 2007: Cloture Vote on DREAM Act Fails
On 10/24/07, the Senate failed to garner the 60 votes needed to move forward with debate on the DREAM Development, Relief, and Education for Alien Minors Act of 2007. See http://www.aila.org/content/default.aspx?docid=23692

October 2007: ICE Arrests More Than 1,300 in L.A. Area Sweep
On 10/3/07 ICE announced that more than 1,300 foreign nationals were arrested during a two-week operation in the Los Angeles area. The News Release is followed by a Fact Sheet on ICE’s Fugitive Operations Program. See http://www.ice.gov/pi/news/newsreleases/articles/071003losangeles.htm

October 2007: Drunk Driving Issue
The DOS recently issued a cable requiring consular officers to refer non immigrant visa applicants with prior drunk driving issues to panel physicians for medical exams in certain circumstances. Consular officers must now also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem (emphasis added).

October 2007: U Visas for Victims of Crime
USCIS issued a reminder that a new interim rule that authorizes temporary immigration benefits to certain victims of crimes who help law enforcement will be effective October 17, 2007. For the USCIS press release, see here.
http://www.ilw.com/immigdaily/news/2007,1018-uvisa.pdf

October 2007: Social Security No-Match Regulation Litigation   
The injunction against the regulation remains in effect.  In a statement released October 10, 2007, the Department of Homeland Security indicated that it will examine all legal options, including filing an appeal so that the injunction may be lifted.

October 2007: J Exchange Visitors: Resident or Nonresident
Paula N. Singer, Esq. writes "A foreign national's immigration status and countable days of US presence over a three-calendar year period determine the foreign national's US tax residency status."  See http://www.ilw.com/articles/2007,1005-singer.shtm

October 2007: End of PERM Backlog
The Employment & Training Administration of the DOL announced that the permanent foreign labor certification program's backlog has been eliminated, with nearly 99 percent of cases completed and the remainder awaiting responses from employers. See
http://www.ilw.com/immigdaily/news/2007,1004-backlog.shtm

October 2007: RAIDS
Immigration and Customs Enforcement (ICE) conducted raids throughout Long Island and Westchester County in September.  On October 3rd, 2007, ICE announced that more than 1,300 foreign nationals were arrested during a two-week operation in the Los Angeles area. See http://www.ice.gov/pi/news/newsreleases/articles/071003losangeles.htm

September 2007: Social Security No-Match Regulation Halted Due to Recent Litigation        
A federal judge recently granted a temporary restraining order which stopped the DHS from enforcing the "no match" regulation.  The ICE no-match regulations state that if a SS# or immigration document discrepancies cannot be resolved with a 93-day period, employers must terminate the employment or risk liability for knowingly hiring or continuing to employ an individual who is unauthorized to work in the U.S. The no-match regulation, which was scheduled to take effect September 14, 2007, will be suspended until the federal court adjudicates the matter. See http://www.nilc.org/immsemplymnt/SSA_Related_Info/ssa005.htm

September 2007: DHS Working to Implement Electronic Travel Authorization          
The new Electronic Travel Authorization (ETA) system is part of the travel forecast.  A recent law passed on August 3, 2007, directed the Department of Homeland Security to develop a system by which most foreign tourists and business visitors would have to obtain ETA prior to traveling to the United States.  The new requirement would only apply to tourists and business visitors using the visa waiver program, which does not require a visa stamp or any other form of pre-approval.  The ETA program is in early stages of development and before it takes effect, a report must be submitted to Congress and a notice must be published in the Federal Register. 

September 2007: Nonimmigrant Victims of Criminal Activity May Be Granted Status Under New Rule     
On September 5, 2007, USCIS announced it would soon publish an interim rule that would grant temporary immigration benefits to certain victims of crimes who assist government officials in investigating and prosecuting criminal activity.  Alien victims of criminal activity who suffered substantial mental or physical abuse because of the activity and are willing to assist government officials in the investigation of the crime are eligible for this relief, the "U" visa.  Those granted U visas may remain in the US for up to four years and may be accompanied by certain immediate family members. 

August 2007 - Diversity Visa Lottery 2009
The Bureau of Consular Affairs of the Department of State stated that the DV-2009 Lottery online entry will begin at Noon EDT on October 3, 2007, and end at Noon EST on December 2, 2007. See http://travel.state.gov/visa/immigrants/types/types_1318.html
for instructions.

August 2007 - USCIS Proposes to Require Replacement of Green Cards
Senator Menendez (D-NJ) sent a letter to DHS Secretary Michael Chertoff, asking for further clarification regarding a policy announced by USCIS that will require 750,000 legal permanent residents to replace their green cards. See
http://www.ilw.com/immigdaily/news/2007,0828-menendez.shtm

August 2007 - CBP Launches Online Application For Cross-Border Travel
US Customs and Border Protection announced that cross-border travelers wishing to apply for Nexus privileges are now able to do so through a new, online application system. See http://www.ilw.com/immigdaily/news/2007,0820-cbp.shtm

July 2007 – USCIS filing fees increase from July 30, 2007
See http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf for schedule

July 2007 – Employment and Training Administration Issues H-2B Trainee Visa Frequently Asked Questions
The Employment and Training Administration issued round one of the H-2B frequently asked questions. See http://www.ilw.com/immigdaily/news/2007,0720-DOL.pdf

July 2007 – Department of State Cable On Drunk Driving Habits
The Department of State issued guidance on processing visa applicants with drunk driving habits.  See http://www.ilw.com/immigdaily/news/2007,0719-cable.shtm

June 2007: Cloture Fails, Senate Comprehensive Immigration Reform Bill Withdrawn
On Thursday, June 28, 2007, the Senate failed to invoke cloture on S. 1639 by a vote of 46-53, most likely forfeiting the opportunity to move forward with immigration reform this summer. Majority Leader Reid withdrew S. 1639 from the Senate floor, but reminded his colleagues that the 110th Congress is only six months into a two-year session and much work on this vitally important issue remains to be done.
Read the American Immigration Lawyers Association's statement at
See http://www.aila.org/content/default.aspx?docid=22774

June 2007: Visa numbers now current for professionals and skilled workers
Employment-based visas (‘green cards’) for professionals and skilled workers are now current. The Department of State Visa Bulletin for July 2007 shows advance in all employment based visa categories to current except Other Worker.
See http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

June 2007: Immigration Reform
The Senate Points System in the pending Senate immigration bill negatively affects talented individuals hoping to live and work in the U.S.
See http://www.washingtonpost.com/wp-dyn/content/article/2007/05/25/AR2007052502472.html
Also see http://www.ilw.com/articles/2007,0605-endelman.shtm

June 2007: Con Artist Preys On Yale, Irish
According to a Hartford Courant news story, "Posing as a [Yale University] law professor with an expertise in immigration law, they say, [a con artist] has scammed hundreds of undocumented workers from Ireland into thinking he could secure them a green card - for a $5,000 fee."

May 2007: H1B Masters Cap Reached May 4th
USCIS announced the H1B Masters cap was reached on May 4, 2007.
See www.ilw.com/immigdaily/news/2007,0509-h1b.pdf

May 2007: Immigration Reform in Brief
The Congressional Research Service provided a report "Immigration
Reform: Brief Synthesis of Issue"
See www.ilw.com/immigdaily/news/2007,0504-crs.pdf

May 2007: Visitors No Longer Required to Biometrically "Check Out" When Departing
The Department of Homeland Security announced the completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective May 6, 2007, international visitors will no longer be required to use the US-VISIT exit kiosks when they leave the United States.
See www.aila.org/content/default.aspx?docid=22285

April 2007: USCIS Proposes Changes for Religious Worker Visas
USCIS published a proposed rule to amend USCIS regulations on special immigrant and nonimmigrant religious worker visa classifications. Comments are due June 25, 2007. To read the proposed rule.
 

April 2007: H-1B Cap for 2008 Reached on First Day!
The USCIS has announced that the H-1B cap for Fiscal Year 2008 was reached on the first day that filing was permitted, April 2, 2007. The announcement contains further information on the random selection lottery, on the U.S-earned Master’s degree exemption from the cap, and on processing of petitions.
See: http://www.aila.org/content/default.aspx?docid=22017

March 2007: DOS J Visa Update to Consular Posts
A March 2007 telegram to consular posts provides updated guidance on exchange visitor visas.

March 2007: CIS Memo Explains Current FBI Name Check Policy and Announces Policy Changes
A Memo dated December 21, 2006 from Michael L. Aytes explains the current FBI Name Check Policy, and announces policy changes regarding missing or incorrect date of birth, validity period, duplicate requests, and expedited name checks.

March 2007: DHS Announces Proposal for Drivers License Compliance with REAL ID
On March 1, 2007, the Department of Homeland Security announced its proposal to establish minimum standards for state-issued driver's licenses and identification cards in compliance with the REAL ID Act of 2005. See DHS Press Release at www.aila.org/content/default.aspx?docid=21768

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