Immigration, Visas and Nationality Law - Masthead
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Recent Immigration News and Changes in the Law

New Photograph Requirements
  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.

New Labor Certification Procedures
 

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.

New Filing Procedures
  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. 
New H-1B Filing Fees
 
  • 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.

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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PLEASE NOTE:

Immigration law and regulations change frequently. In order to protect yourself you should make sure that you understand the laws and how they apply to you.  If you have questions about your status, you should consult an expert.

If you would like to be updated about immigration laws, please register for email updates.

If you would like help from Ms. Chappell-Daly, please contact her.


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© 2004 Diane R. Chappell-Daly
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