Haynes and Boone, LLP
  May 30, 2003 - Dallas, Texas

IMMIGRATION ALERT: Recent News from BCIS, DOS and DOL
  by Cindy Kang

Bureau of Citizenship and Immigration Services (“BCIS”): * BCIS has announced the availability of electronic filing (e-filing) for two types of applications: Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization Document. Although many applicants will be eligible to take advantage of the e-filing system, some applicants will still need to make paper filings. Additional e-filing information may be obtained at www.bcis.gov. * Designation of Temporary Protected Status for Honduras and Nicaragua has been extended until July 5, 2003. Department of State (“DOS”): * Visa processing at U.S. Consulates worldwide will be affected by recent regulatory changes, which increases the likelihood that applicants must appear at the consulate for a personal interview prior to visa issuance. Under the new law, consular officers may exercise discretion to waive the personal visa interview if the applicant presents no national security concern and is either: 16 years of age or under; 60 years of age or older; or seeking re-issuance of the same type of non-immigrant visa within 12 months of the expiration of the applicant’s previous visa at the consular post of the alien's usual residence. The personal interview can also be waived for applicants seeking certain types of diplomatic, official, and NATO visas or if warranted in the national interest or unusual circumstances. This change may significantly delay visa processing worldwide. * The Visa Revalidation Unit at the State Department has reported that software problems have affected many revalidation applications submitted in March 2003. While the issue has been resolved, later filed applications may be processed for a period of time as the State Department reviews the March 2003 applications. The Visa Revalidation Unit reminds applicants that the general estimated processing time for revalidations has lengthened to 10 to 12 weeks. * DOS updated its Public Announcement to remind U.S. citizens of the continuing threat of anti-American violence, including terrorist actions that may target civilians specifically in the Middle East, including the Persian Gulf, the Arabian Peninsula and North Africa. * DOS authorized the return of non-emergency employees and adult family members of the U.S. Embassy in Yemen. * DOS issued a Travel Warning recommending U.S. nationals depart Liberia due to the further expansion of armed conflicts. Department of Labor (“DOL”): DOL has again delayed the publication of the PERM regulations and anticipates publishing the new regulations in September 2003. Should you have any questions concerning the above or any other employment-based immigration matter, please do not hesitate to contact Mr. Luis Campos, Partner and Chair of the Immigration and Nationality Practice Group, at 972.739.8608, [email protected]; Ms. Cindy Kang at 972.739.8605, [email protected]; or Ms. Jacquelyn Prickett at 972.739.8607, [email protected]. Thank you.


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