MVP LAW GROUP, P.A.
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United States of America
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View our Archives
MAY 06, 2008 issue
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USCIS Announces Enhancements to Data Verification in the E-Verify Program
May 5, 2008: USCIS announced on May 5 a series of improvements to the E-Verify employment authorization program that will reduce mismatch rates and streamline and increase program effectiveness. This announcement relates the first two of three enhancement phases of the program aimed at decreasing mismatch rates for naturalized citizens.
As of May 5, E-Verify will include naturalization data that will instantly help confirm the citizenship status of naturalized U.S. citizens hired by employers that utilize the electronic employment authorization verification program. Currently, naturalized citizens who haven’t yet updated their records with the Social Security Administration face more mismatches than any other group in E-Verify. E-Verify will, however, now include real time arrival data from the Integrated Border Inspection system; this will greatly reduce the number of immigration status-related mismatches for individuals who have legally entered the U.S.
“Less than one percent of all work-authorized employees receive a tentative nonconfirmation through E-Verify,” said Jonathan Scharfen, acting director of USCIS. “While this is a very small percentage, we believe every employee who is authorized to work in the United States should be instantly authorized by the program. We’re confident that the enhancements we’re launching today will help us achieve that goal.”
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USCIS Settles Class Action Lawsuit; Certain SSI Beneficiaries Can Request Expedited Green Card & Naturalization Processing
May 5, 2008: Earlier this week, USCIS settled a class action lawsuit initiated by non-U.S. citizens who had either lost or were about to lose their eligibility for Supplemental Security Income (SSI) due to a seven-year limit and could not become U.S. citizens prior to losing their benefits. The lawsuit titled Kaplan, et al. v. Chertoff, et al. has led to a settlement agreement that took place on May 5 and will remain in effect until February 5, 2011.
As part of the settlement agreement, USCIS will now expedite Form I-485s (Applications to Register Permanent Status or Adjust Status) and Form N-400s (Applications for Naturalization) for current and former SSI beneficiaries in cases where applications have been pending with USCIS for more than 6 months. This expedited process will include an accelerated FBI name check and the prioritization of certain USCIS-related events, such as scheduling interviews. Cases for individuals who have I-482 or N-400s pending with USCIS for more than 6 months and have lost or will lose their SSI benefits will be expedited, even if applicants have not yet requested expedited processing
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Letter to House Judiciary Committee Calls for Oversight of Border Searches and Seizures of Digital Information
May 3, 2008: On the first of May, 42 civil rights, religious groups and advocacy groups submitted a letter to the House Judiciary Committee asking for hearings to be conducted to investigate the Homeland Security practice of searching and seizing digital information and electronic devices at U.S. borders. The groups’ concerns revolve around a practice they believe is based on ethnic profiling conducted in private. The groups call for distinct and clear Congressional oversight over invasive and discriminatory searches and seizures.
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The letter states: “The Fourth Amendment protects us all against unreasonable government intrusions. But this guarantee means nothing if CBP can arbitrarily search and seize our digital information at the border and indefinitely store and reuse it. We urge the Committee to hold swift hearings on the Department of Homeland Security’s border search practices and consider legislative action to ensure that Americans’ electronic devices are not subject to abusive, arbitrary or suspicionless searches at the borders.”
Signees to the letter include the 9/11 Research Project, the American Civil Liberties Union, the American Immigration Lawyers Association, PEN American Center and the U.S. Bill of Rights Foundation. -
Three New Immigration-Related Bills Introduced in the House of Representatives
May 2, 2008: In late April three new immigration-related bills were introduced in the House of Representatives. The first bill, introduced on 4/23/2008, proposes to recapture employment-based immigrant visas that were lost due to bureaucratic delays. The bill, titled H.R. 5882, was introduced by Representative Zoe Lofgren (D-CA) and aims to prevent future losses of family- and employment-based immigrant visas.
The second bill, also introduced by Representative Lofgren, was proposed on 4/29/2008. This bill, H.R. 5921, would eliminate the ‘per country level’ for employment based immigrants. The bill, according to the American Immigration Lawyers Association, proposes to “end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.”
H.R. 5924, introduced on 4/29/2008 by Representative Robert Wexler (D-FL), would provide much needed relief for the current shortage of nurses in the United States.
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USCIS Revises & Updates Two Essential Forms
April 30, 2008: In late April, USCIS announced that it has revised two forms: Form I-765, the Application for Employment Authorization, and Form I-693, the Report of Medical Examination and Vaccination Record, based on legislation changes.
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The new Form I-765 was revised this week to include additional eligibility codes, in accordance with a recent Homeland Security interim final rule regarding the duration of Optional Practical Training for F-1 nonimmigrant students. The older version of this form, published on July 30, 2007, will continue to be accepted by USCIS up to July 8, 2008; after that date, however, only the revised Form I-765, dated April 8, 2008, will be accepted by USCIS. All requests using previous versions of the form will be rejected by USCIS.
In addition, USCIS this week revised Form I-693, the Report of Medical Examination and Vaccination Record. This form was revised based on changes to the Tuberculosis Component of the Centers for Disease Control and Prevention’s Technical Instructions for Civil Surgeons. Form I-683, a medical form, shares with USCIS results of applicants’ medical examinations when they are filing for adjustments of status to become permanent residents. The form provides information essential for USCIS to ensure the applicants are not inadmissible to the U.S. due to public health reasons.
The new form lists seven tuberculosis classifications at the bottom of its first page. Civil surgeons should record the results of all medical examinations held on or after May 1, 2008 on the new form. Please note that the current vaccination supplement will not be accepted for any vaccination assessment conducted on or after May 1, 2008. More information about this new tuberculosis component is available online at www.cdc.gov/ncidod/dq/civil.htm.
