Haynes and Boone, LLP
  August 28, 2002 - Dallas, Texas

IMMIGRATION ALERT: Recent News from DOS, DOJ, and INS
  by Cindy Kang

Department of State: * DOS has released the instructions for the 2004 diversity immigrant visa program. The congressionally mandated program is a lottery for 50,000 permanent residence visas. Applicants must meet strict eligibility criteria. Instructions have been issued by the DOS at www.travel.state.gov/DV2004.html * Jordanians are now eligible for E treaty trader/treaty investor visas upon the basis of reciprocity secured by the United States-Jordan Free Trade Area Implementation Act. Department of Justice/Immigration and Naturalization Service: * INS has advised that since September 11, the INS has detained 752 individuals on immigration violations in connection with the investigation into the terrorist attacks. Further, the District Court for the District of Columbia has recently ruled that the DOJ must release the names of individuals detained in connection with the September 11 attacks. * INS will implement the first phase of the National Security Entry-Exit Registration System (NSEERS) at selected ports of entry on September 11, 2002. Under NSEERS, the fingerprints of a small percentage of higher-risk entering foreign visitors, who are selected according to intelligence criteria, will be matched against a database of known terrorists and criminals. All ports of entry will have the new system in place on October 1, 2002. * INS Commissioner James Ziglar recently announced his resignation and his intent to depart the agency by the end of 2002. * INS reports that 60,500 H-1B professional worker petitions have been approved against the 195,000 cap for fiscal year 2002. In addition, the INS estimates 18,000 H-1B petitions that will count against the cap were pending at the time of report. * The INS Commissioner reassured Canadian “snowbirds” that the proposed rule that would eliminate the minimum 6-month period of authorized stay for pleasure visitors (B-2) will not hinder the ability of Canadians to spend up to six months in the U.S., providing that they are otherwise eligible for admission to the U.S. * The INS is updating its forms to ensure that non-citizens are fully aware of their existing statutory obligation to provide a current address to the INS. * President Bush recently signed into law the “Child Status Protection Act.” Pursuant to this new law, the determination of whether an unmarried son or daughter of a U.S. citizen is considered an “immediate relative child” will be based on the age of the alien at the time the Petition for Alien Relative is filed with the INS, rather than on the date the petition is adjudicated. * DOJ recently announced an extension of Somalia’s Temporary Protected Status designation for a 12 month period ending September 17, 2003. * Non-citizens serving honorably in active-duty status in the U.S. Armed Forces are now eligible for expedited naturalization pursuant to an executive order recently issued by President Bush. Other Agency News: * Treasury Department recently announced proposed regulations to require financial institutions to obtain identification from customers opening new accounts. The proposed regulations would require “non-U.S. persons” to verify their identity by providing an identification number from a government-issued document. * Social Security Administration (SSA) issued interim instructions to be utilized internally in the processing of social security number applications from aliens.


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