• USCIS Announces Passport Card Will be Accepted for E-Verify

On August 8, 2008, USCIS announced that new passport cards can be used in the employment eligibility verification process since it shall be considered as a “List A” document for completion of the I-9 form. (85 IR 2033; August 11, 2008)

• US Department of State Announces Diversity Visa lottery Program Registration Period

“The Diversity Visa (DV) lottery will open for DV-2010 entries on October 2, 2008 (noon, EST) and end on December 1, 2008 (noon, EST). Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.gov during the registration period. For DV-2010, Kosovo was added and Russia has been restored to the list of eligible countries. No countries have been removed from the list of eligible countries for DV-2010 program.” (US Department of State, October 2008 Visa Bulletin available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html last visited on September 16, 2008)

• House of Representatives Votes to Extend E-Verify Program

The House of Representatives passed the Employee Verification Amendment Act of 2008 (H.R. 6633). The bill will have the effect to extend the E-Verify program for another five years. The Senate will review the bill after the Congressional summer recess. (85 IR 2180; August 11, 2008)

• New Exchange Visitor Program – College and University Students, Student Interns

It is possible for private sector organizations to offer internships to foreign students currently enrolled in an accredited post-secondary foreign academic institution. Such students would enter the US solely to participate in a “structured and guided work-based internship program in his or her specific academic field.” The internship will be limited to a period up to 12 months for each degree level. (13 BIB 931; July 15, 2008)

• Job Title and Prevailing Wage

Employer filed an application for labor certification in 2003 seeking to employ a foreign national as a computer consultant. The salary offered in the advertisement was $70,000. The Certifying Officer (CO) denied certification on the grounds that the position to be held by the foreign national was not one of a computer analyst but one of a software engineer with a prevailing wage of $95,784 per year. The employer appealed the denial but the Board of Alien Labor Certification Appeals (BALCA) confirmed the denial holding that the employer failed to establish both (1) that the CO’s determination was in error; and (2) that the employer’s wage offer is at or above the correct prevailing wage. (85 IR 2255; August 18, 2008; In Matter of Daugherty Business Solutions, BALCA Case No. 2008-INA-00067. 2008 WL 3312035 (BALCA Aug. 6, 2008).)

• Timely Response to an Request for Evidence (RFE)

A technology company filed a petition to employ an alien as a nonimmigrant worker in a specialty occupation. The US CIS Service Center responded by issuing an (RFE). The employer submitted evidence in response to the RFE but the Center denied the petition on the grounds the employer filed an incomplete response to the RFE. On appeal the AAO reversed the denial and remanded the case in order to have the Service Center review the evidence submitted by the employer in response to the RFE. (13 BIB 929; July 15, 2008; Matter of X, WAC 07 145 54322 (AAO Feb. 27, 2008) (California Service Center) available at www.ucis.gov )

• Board of Immigration Appeals (BIA) Decision – Evidence of Good Faith Marriage

Foreign national appealed the District Director’s denial of his spouse's petition. The grounds for denial was failure to submit adequate evidence of the parties’ good faith marriage and failure to respond consistently to questions presented during the interview process. On appeal the BIA remanded the case based on the findings that the some interview responses were consistent and some others were not necessarily inconsistent as they were reasonably outside the scope of the parties’ knowledge. The parties had also produced many joint financial documents to show their marriage was bona fide. (13 BIB 1039; August 15, 2008; Matter of Chen, A79 717 355 (BIA Oct. 9, 2007) (New York).)

Sources: IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association