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On April 4, 2003, the Bureau of Citizenship and Immigration Services (BCIS) announced the statistics for the number of H-1B petitions filed and approved during fiscal year (FY) 2002, which ended on September 30. The agency received a total of 215,190 H-1B petitions in FY 2002, which includes petitions for both initial and continuing employment. The INS approved 197,537 petitions in FY 2002; of those, 103,584 were for initial employment, including 79,100 aliens subject to the congressionally mandated cap, which in FY 2002 was 195,000. The BCIS noted that the rules for counting aliens against the H-1B annual cap were revised with the enactment of the American Competitiveness in the 21st Century Act. Most foreign nationals approved for extensions of H-1B employment are not subject to the annual cap. Aliens approved for H-1B status for certain types of employers, including institutions of primary, secondary, or higher education, and nonprofit research employment for certain types of employers, may also be exempted from the cap. In FY 2002, 79,100 aliens were subject to the cap, which was less than half of the total number approved for H-1B employment. Of the 103,584 petitions approved for initial employment in FY 2002 (93,953 petitions were approved for continuing employment), 18,600 did not count against the cap because the sponsor was an exempt employer. Although workers may have multiple petitions submitted on their behalf during the course of their H-1B employment, the BCIS said, they are counted only once against the cap if working for non-exempt employers. How to apply for H-1b Visa?
Asylees, Refugees Authorized to Work in U.S. Regardless of EAD, BCIS Says (4/7/03)
William Yates, Acting Associate Director of Operations for the Bureau of Citizenship and Immigration Services (BCIS), issued a memorandum on March 10, 2003, concurring with the INS General Counsel that aliens who have been granted asylum or refugee status are authorized to work in the U.S. whether or not they have obtained an Employment Authorization Document (EAD) (Forms I-766 or I-688B). Although an EAD is an ideal document for evidencing work authorization, an INS General Counsel legal opinion issued earlier and attached to the March 10 memo noted, an INS-endorsed Arrival-Departure Record (Form I-94) showing asylee status may also be used as evidence of work authorization. The BCIS is asking that all field offices "conduct their affairs in such a way as comports with the instructions" in the memo. For more information visit: http://www.us-immigration.com/store/browse/showProduct/425
FBI to Interview Certain Iraqis in U.S. (3/17/03)
War with Iraq appears imminent as of press time, and as part of extensive precautions, the Federal Bureau of Investigation (FBI), in conjunction with U.S. Department of Homeland Security immigration inspectors, reportedly has plans to interview about 11,000 Iraqi nationals out of about 50,000 living in the U.S. Those found to have violated immigration laws are expected to be detained. Senior FBI officials said, however, that they believe most Iraqis in the U.S. are not likely to be involved in terrorism, and they are working with local Islamic organizations across the country to help identify potential terrorists. The FBI also reportedly assured the organizations of protection against hate crimes.
Select Asylum Applicants to Be Detained (3/18/03)
As part of the new "Operation Liberty Shield," the U.S. Department of Homeland Security (DHS) announced on March 17 that asylum applicants in the U.S. from nations where al Qaeda, al Qaeda sympathizers, and other terrorist groups are known to have operated will be detained for the duration of their processing period. "This reasonable and prudent temporary action allows authorities to maintain contact with asylum seekers while we determine the validity of their claim," the announcement said. "DHS and the Department of State will coordinate exceptions to this policy."
INS Extends Automated Inspection Enrollment Period (3/17/03)
The U.S. Immigration and Naturalization Service (INS) extended the enrollment period for automated inspection services (AIS) programs, such as SENTRI (Secure Electronic Network for Travelers Rapid Inspection) and INSPASS (INS Passenger Accelerated Service System), from one to two years under an interim rule effective February 28, 2003.
ORR Establishes New Division for Unaccompanied Child Issues (3/17/03)
The Office of Refugee Resettlement (ORR) of the U.S. Department of Health and Human Services is establishing a new division dedicated to the care of unaccompanied alien children. The Division of Unaccompanied Children's Services incorporates INS functions that were transferred to the ORR by the Homeland Security Act of 2002.
Becoming LPR Does Not Terminate Refugee Status, UNHCR Says (3/17/03)
The United Nations High Commissioner for Refugees (UNHCR) issued an opinion letter on February 28, 2003, addressing the question of whether an alien who comes to the U.S. as a refugee loses refugee status by becoming a lawful permanent resident (LPR). The letter states that becoming an LPR does not automatically terminate a person's refugee status.
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