Recent Immigration Updates

06/18/2012 -

New DHS Immigration Policy

On Friday, June 15th, the President announced the new Department of Homeland Security policy that gives young undocumented individuals the opportunity to remain in the United States and apply for a work permit. Undocumented young people can be eligible for the new policy’s benefits only if they entered the U.S. under the age of 16, have lived here for at least five years, meet certain education requirements or have been honorably discharged from the military, do not have a criminal history, and are not above the age of 30.

Please click here for the memorandum from Janet Napolitano, Secretary of Homeland Security, detailing the exercise of prosecutorial discretion.

09/23/2010 - The 2010 Final Fee Rule, Adjustment of Fees

U.S. Citizenship and Immigration Services announced today a final rule adjusting fees for immigration petitions and applications. The average application and petition fees were increased by approximately 10 percent, excluding the naturalization application fee. In addition, three new fees were established.

Some highlights of the Final Fee Rule include:

• Form I-485, Application to Register Permanent Residence or Adjust Status, fee increases to $1070 from $1010 (this amount includes the Biometric fee increase to $85 from $80).

• Form I-140, Immigrant Petition for Alien Worker, fee increases to $580 from $475.

• Form I-539, Application to Extend/Change Nonimmigrant Status, fee decreases to $290 from $300.

• Form I-129F, Petition for Alien Fiancé(e), fee decreases to $340 from $455.

For a complete list of fee adjustments and more information on the 2010 Final Fee Rule please visit the USCIS website here or visit the AILA website here.

08/27/2010 - Ruiz-Diaz v. USA Reversed and Remanded

On August 20, 2010, The United States Court of Appeals for the Ninth Circuit reversed and remanded for further proceedings, the district court’s decision in Ruiz-Diaz v. USA. This will restrict religious workers from filing their adjustment of status applications (I-485) concurrently with their I-360.

The court’s order reversing the district court’s injunction will most likely take effect October 11, 2010, so those wishing to file concurrent I-485 applications have until that date to do so.

For more information on Ruiz v. USA click here.

For more information on this ruling click here.

03/12/2009 - U.S. Citizenship & Immigration Services (USCIS) announced today that the EB-5 Immigrant Investor Pilot Program has been extended through September 20, 2009. Of the 10,000 investor visas (EB-5 visas) available annually, 3,000 are set aside for those who apply through the pilot program, which involves USCIS-designated "Regional Centers."

Read the USCIS announcement here, and learn more about the Immigrant Investor Pilot Program here.

01/16/2009 - The U.S. Department of Homeland Security announced today that upgraded biometric technology is in place at major U.S. ports of entry. The new technology is part of the US-VISIT program which provides visa-issuing posts and ports of entry with the biometric technology that enables the U.S. government to establish and verify the identity of visitors to the United States.

Read more about this new technology here.

01/12/2009 - Effective immediately, all travelers from Visa Waiver Program (VWP) countries are required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. ESTA is a web-based system that determines the preliminary eligibility of visitors to travel under the VWP prior to boarding a carrier to the United States.

Read the Department of Homeland Security's press release here, and learn more about the ESTA program here.

12/16/2008 - U.S. Citizenship and Immigration Services have announced changes to Form I-9, Employment Eligibility Verification. The new Form I-9 will narrow the list of acceptable identity documents for employment verfication purposes.

Read more about this important update for employers here.