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Department of Homeland Security Sued Over OPT Extension
Several anti-immigration groups
including The Immigration Reform Law Institute (IRLI) together with The
Programmers Guild, American Engineering Association, Brighfuturejobs.com, filed a lawsuit against
Secretary Michael Chertoff and the Department
of Homeland Security (DHS) in the U.S. District Court of New Jersey,
challenging the DHS’s new rule to extend Optional Practical Training
(OPT). The new OPT rule extends
the amount of time that foreign students with degrees in Mathematics,
Engineering, Science or Technology are allowed to work in the U.S. from
12 months to 29 months. The IRLI contends
that this new rule competes with the interests of qualified American
workers. The lawsuit also states
that DHS has exceeded its legal authority, claiming that the rule is just
a way to get around the H-1B visa cap (currently set at 85,000).
 Misprinted I-94 Cards Recalled
Customs and Border Protection (CBP) announced earlier this
year that they received approximately 1 million I-94 cards that were
missing the first digit. The I-94 card is a small white card that all foreign
nationals receive upon entry into the U.S., and that must be surrendered
upon leaving the U.S. The I-94 card must contain
11 digits (nine digits, and then a space followed by 2 more digits). It is unclear how many misprinted cards
were actually issued, but anyone with an incorrect I-94 card containing
only 10 digits instead of 11 may request a new one from CBP. An incorrect
I-94 card could pose problems when applying for a Social Security number,
because the Social Security Administration does not issue Social Security
Numbers to anyone presenting what appears to be an incorrect I-94 number.
USCIS to Resume Premium Processing
for Certain I-140 Petitions
On June 16, 2008 the USCIS will begin accepting premium processing
requests for I-140 Petitions (Immigration Petition for Alien Worker)
filed on behalf of certain workers that are nearing the end of their
sixth year of H-1B status. Premium processing service requires a fee of
$1000 and promises a turnaround time of 15 calendar days. In order to
apply for premium processing of your I-140 petition, the following must
apply to you:
·
You must be
currently in an H-1B nonimmigrant status, and
·
Your sixth year
will end within 60 days
Premium Processing
service is not available for those who have already run out of H time,
those who have left the country or for beneficiaries that are in another
nonimmigrant status.
 EB-3 Category To Become Unavailable as of July 2008
The recently released July Visa
Bulletin states that the Employment Based 3 (EB-3) category will become
unavailable until October 1, 2008, which means that adjustment of status
applications will continue to be accepted only through the end of
June. The EB-3 category applies to
skilled workers and professionals applying for permanent residence
through their employer. If your priority date is prior to March 1, 2006,
be sure to file your I-485 (Application for Permanent Residence) before
the end of June 2008.
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