The U.S. Department of Homeland Security released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension is available to F-1 students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program.

The rule also addresses situations in which an F-1 student

The 9th Circuit Court of Appeals held that knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in removal proceedings. (Hernandez v. Mukasey, 4/30/08).

ICE raided an aircraft manufacturing plant near Seattle, Washington, arresting 32 employees on administrative immigration violations.

USCIS has revised the Form I-9 page on its website to indicate that it is accepting the

USCIS Service Center Operations has provided the following information to AILA liaison regarding processing cases under the FY2009 H-1B cap: Except for cases that were being reviewed as potential duplicate filings, all receipts have been issued for those cases selected in the random lottery. The CSC and VSC completed data entry on all selected cases on May 23, 2008, and mailing of all receipts was completed on may 24, 2008.

1. Except for cases that were being reviewed as potential duplicate filings, all receipts have been issued for those cases selected in the random lottery. The CSC and VSC completed data entry on all selected cases on May 23, 2008, and mailing of all receipts was completed on may 24, 2008.|*||*|2. Cases that were thought to be duplicate filings are being hand reviewed to determine if they are true duplicates. USCIS has received approximately 500 petitions that are believed to be duplicates. However, some of these were submitted as "protective filings" due to courier delivery confirmation problems or where the petition was sent to an incorrect Service Center. Each will be reviewed and determined on a case-by-case basis. If the second submission was accompanied by an explanation of the reason for the second submission, there is a good chance of acceptance.|*||*|3. USCIS has determined that the number of petitions selected during the random selection process will be sufficient to meet the cap limit. Therefore, the use of the reserve/cushion will not be necessary this year. USCIS has begun to mail out rejections this week.|*|

U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.

Premium Processing Service offers 15 calendar-day processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1000 for this service. During the 15-day period, USCIS will issue either an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation. USCIS previously designated certain classifications under Form I-140 for Premium Processing Service in the May 23, 2006 issue of the Federal Register. See 71 FR 29662.|*|USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:|*|

Effective with the July 2008 Visa Bulletin, the EB-3 category will become unavailable until October 1, 2008. AILA has confirmed with USCIS SCOPS that adjustment of status applications will continue to be accepted and receipted through the end of June.

USCIS has updated the processing dates for VSC, TSC, NBC, CSC, and NSC. Click the Proc. Times to view.

U.S. Customs and Border Protection announced it will issue new cards for current Secure Electronic Network for Travelers Rapid Inspection members starting today and members should be receiving them within the next week. The new cards will have enhanced security features and will allow U.S. citizen cardholders to comply with the documentary requirements of the Western Hemisphere Travel Initiative. CBP will issue new SENTRI members the enhanced cards in July. All members must activate their cards within 30 days by going to the web.

Additionally, current SENTRI members are requested to verify and update their contact information on-line. SENTRI is a land-border crossing program that provides expedited CBP processing for preapproved, low-risk travelers along the U.S./Mexico border.|*|The SENTRI program was first implemented at Otay Mesa, Calif. in 1995, and has grown to include 16 lanes at the nine largest ports of entry along the U.S.-Mexico border including San Ysidro, Calif., Calexico, Calif., Nogales, Ariz., two crossings in El Paso, Texas, and the Texas ports of Laredo, Hidalgo and Brownsville. More than 165,000 travelers from both sides of the border are currently registered in the SENTRI program.|*|

U.S. Department of Labor last month proposed new rules to modernize the application process and enhance worker protections under the H-2B temporary labor certification program. |*|The proposed rule would reform the application process so that employers would attest, under threat of fines and other penalties, that they have complied with all the program's requirements. These proposals would alter the current certification process, following a model similar to that adopted in the successful re-engineering of the permanent labor certification program in 2005.

The proposed rule also would eliminate duplication of effort by state workforce agencies (SWAs) and the Department of Labor's Employment and Training Administration (ETA). Instead of applying first with their SWAs, employers would file their H-2B applications directly with ETA under the proposed process. Furthermore, employers would be able to obtain from the Labor Department prevailing wage determinations for their specific job opportunities instead of using the SWA. |*|The department seeks to enhance protections for U.S. and foreign workers. For instance, employers would be prohibited from passing along application and other costs to foreign workers participating in the H-2B program. The Department of Labor also proposes to debar for up to three years employers, attorneys and agents found to have committed fraud or willful misrepresentation concerning the H-2B employment-based immigration program, or failed to cooperate in Labor Department audits or investigations.|*|Finally, the proposal contains a new Department of Labor enforcement program for H-2B in the event the Department of Homeland Security delegates its statutory authority for enforcing the H-2B program to the Department of Labor. Congress vested the Department of Homeland Security with H-2B enforcement authority in 2005.|*|