Recent Immigration News and
Changes in the Law
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New Photograph Requirements |
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Beginning in September 2004 the Immigration Service began requiring
ID photographs for immigration applications to be a front view
rather than a profile view. The requirements for passport
photos and immigration application photos are now the same. |
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New Labor Certification Procedures |
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Effective March 28,
2005 all Labor Certification Applications will be filed under a new
system called PERM. The new rules require different forms and
procedures. It is very important to understand all your options
before deciding whether to file an application for labor
certification. |
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New Filing Procedures |
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Effective December 4, 2004, many immigration applications are now
filed at a new location. Check the Immigration Service web
site at www.uscic.gov for more
information on where to file. |
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New H-1B Filing Fees |
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- Beginning December 8, 2004 a
training fee of $1500 ($750 for employers with 25 or fewer
employees) will be required for most petitions. Among those
exempted from the training fee are institutions of higher
learning and government and nonprofit research organizations.
- Beginning March 8, 2005 a fraud
prevention fee of $500 will be required for all H-1B petitions.
- The current filing fee of
$185 and the optional premium processing fee of $1,000 will
still apply.
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See note below.
January 31, 2004
Guest Worker Proposal by President
Bush
President Bush has proposed
the creation of a guest or temporary worker program for jobs that
remain unfilled by US workers. If this proposal becomes law it may
allow foreign nationals who are in the US as undocumented or illegal
aliens to work legally in the US. This proposal may help many
people in the future BUT Please be aware of the following
concerning this proposal:
It is a proposal. It is not yet the
law. There will be no visas available under this proposal unless
and until it is passed by Congress and signed by the president.
We have no way of knowing when or if this proposal will become
law.
Do not be fooled by false
reports that guest worker or temporary worker visas are now
available.
It is a general proposal without many
details. If you are in the US as an undocumented or “illegal”
alien, you will need more information in order to know whether it
is safe for you to apply for a temporary or guest worker visa.
For example, President Bush’s proposal does not include any
provision for allowing guest workers to apply for green cards in the
US. From what we know so far, once this temporary visa expires, the
guest worker would have to leave the US.
If
you have been in the US without status, or if you entered
the US without a visa, once you leave the US you may face long
waiting periods of up to 10 years before you are eligible to apply
for any future visas.
Congress is considering several different
possibilities for changing the immigration law. Be sure that you
understand your choices before you apply for any immigration
benefits.
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