Immigration Developments
Advisory on Processing Times
USCIS has received a significant increase in the number of applications filed. In July 2007 and August 2997, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. This fiscal year, USCIS received 1.4 million applications for naturalization; nearly double the volume it received the year before. As a result, average processing times for certain application types may grow longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16-18 months to process.
New PIMS System
The U.S. Department of State (“DOS”) recently announced that consular posts are now able to access the details of approved nonimmigrant visa petitions (e.g., Hs, Ls, Os, Ps, Qs) through a new report called "PIMS" (Petition Information Management Service). The KentuckyConsularCenter (“KCC”) will cease
e-mailing scanned copies of approved petitions to consular posts. The electronic PIMS record created by KCC will now be the primary source of evidence to be used in determining petition approval. KCC will record the petition approval and any related information into the PIMS database, and when consular posts check PIMS they can access information on which visa approval can be based. Until a consular post sees the petition in PIMS, the visa cannot be granted.
Visa applicants could and should expect delays at consular posts as the new PIMS system works through its initial growing pains. Visa applicants applying for visas may need to wait two additional days than they previously waited for visa issuance on account of PIMS confirmation, and there may be occasions when the wait due to PIMS verification will be lengthier.
One very beneficial effect of PIMS is that when an original approval notice is not available, the post should not require it, because it can and must be confirmed in PIMS anyway. DOS is expected to issue additional instructions on this point.
DOS to Increase Non-Immigrant and Immigrant Visa Fees
The U.S. Department of State is in the process of publishing in the Federal Register an announcement increasing non-immigrant visa fees to $131 from $100 and increasing immigrant visa fees by $20. The increase will take effect January 1, 2008. The increase results from the FBI's success in obtaining OMB approval to charge DOS almost $20 per fingerprint for records clearance.
DHS E-Verify Policy for Large Employers Wishing to Verify Only Certain Worksites
The Department of Homeland Security (“DHS”) has introduced a new E-Verify policy, under which a company with over 1,000 employees may now sign one Memorandum of Understanding (“MOU”) that covers all the hiring sites that a company may elect to verify. Executing this MOU will result in one E-Verify identification number that can be used for either the entire company or the particular worksite that will participate in
E-Verify. When a company chooses to use E-Verify for some or all of its hiring sites, the corporate office address should be used on the MOU. Moreover, the multiple site button should be used during the registration process and the company should enter, per state, the number of sites which will initially participate in E-Verify. The number of sites noted in E-Verify can be amended over time. As a company grows, expands, or undertakes new business in different places within the United States, the number of hiring sites may change and the company may choose for some, or all, or none, of those hiring sites to participate in E-Verify. These changes should be made to the company's E-Verify profile.
DHS confirmed that an “entire company or a portion of the company” may participate in E-Verify, which affirms the statements on the DHS/E-Verify Web site, which states that an employer may “choose which sites to enroll.”
DHS Begins Collecting 10 Fingerprints From International Visitors
The U.S. Department of Homeland Security (DHS) is now collecting additional fingerprints from international visitors arriving at WashingtonDullesInternationalAirport (Dulles). The change is part of DHS’ upgrade from two-finger print collection to 10-fingerprint collection in order to enhance security and fingerprint matching accuracy.
Nine other ports of entry will begin 10-fingerprint collection during the next few months and the 278 remaining ports will begin this process by the end of 2008. The next ports scheduled to collect 10-fingerprints from international visitors are: Hartsfield-JacksonAtlantaInternationalAirport; BostonLoganInternationalAirport; Chicago O'Hare International Airport; San FranciscoInternationalAirport; GeorgeBushHoustonIntercontinentalAirport; MiamiInternationalAirport; DetroitMetropolitanWayneCountyAirport; OrlandoInternationalAirport; and New York's JohnF.KennedyInternationalAirport.