DHS EXTENDS F AND J STATUS TO STUDENTS

Recently, the Department of Homeland Security (DHS), and the Bureau of Citizenship and Immigration Services (CIS) informed the public of the procedures DHS would follow as the fiscal year 2004 (FY 2004) numerical cap for the H-1B nonimmigrant category would be reached. Now, as part of those H-1B cap procedures, the DHS will exercise its authority to extend the status of certain F and J nonimmigrant students if DHS has received from their prospective employer a timely filed request for change of nonimmigrant status to that of an H-1B nonimmigrant no later than July 30, 2004 and the employment start date on the petition is no later than October 1, 2004.

Business Immigration

The Department of Labor will likely publish an interim final rule later this month which would create two DOL Service Centers in Dallas and Philadelphia. These centers are intended to reduce the severe backlog that now exists. Presumably, this would lead to a substantial reduction in labor certification processing times in the several states that are now severely backlogged. This new development could cause RIR to take longer than the traditional labor certification cases once the backlogs are reduced. It may take several months to actually see the change once the DOL rule is promulgated. 

New Student Visa Information on New Sevis Fees

ICE has corrected its Published Rule on Exemptions from the New SEVIS Fees.  ICE's final rule published on 7/1/04 incorrectly stated that students whose Form I-20 or Form DS-2019 for initial attendance was issued on or before May 31, 2004 would not be subject to the new SEVIS fees. A correction published in the Federal Register on July 9, 2004, now changes the May 31 date to August 31, 2004.