USCIS announced on March 3, 2004 that it had completed processing the renewal Employment Authorization Documents (EADs) for the over 238,000 Salvadorans who re-registered for Temporary Protected Status (TPS).  Those who applied for their TPS extension by the September 15 deadline should receive their renewal EAD cards by March 9, 2004.  These renewal cards will be valid until the current extension for TPS for Salvadorans expires on March 5, 2005.

Salvadorans who timely filed their TPS re-registration but do not receive a renewal EAD by March 9, 2004 should contact the National Customer Service Center at 800-375-5283.

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The Bush administration announced that the Department of Homeland Security is considering changing the Oath of Allegiance, said by new citizens at naturalization ceremonies, to include disavowing loyalty to terrorist organizations.  The current oath require all new Americans to renounce “all allegiance and fidelity to any foreign prince, potentate, state or sovereignty” of whom or which they have been subjects or citizens.

A DHS spokesman said that the new proposed oath would not specifically mention ‘terrorist groups’, but would include a broad term such as ‘all foreign powers’.  DHS officials currently believe that the Oath of Allegiance is outdated for the post-September 11 world.

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USCIS officials indicate that the 66,000 H-2B cap is nearly exhausted, and that cut-off for these filings may occur in the very near future. While earlier speculation was that the cap would be reached in April, it now appears that it may be reached in early March.

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Federal authorities are testing alternatives to jail for those facing deportation in Seattle, Portland and Northwest Alaska.  About eight immigrants arrested for being in the US illegally are wearing ankle bracelet tracking devices at home rather than being locked up.  Those considered for participation will have strong employment and community ties, possibly have a US citizen spouse and be considered low flight risks.  Criminal suspects will not qualify for the electronic-monitoring program.

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On February 25, 2004, the Department of State submitted to Congress the 2003 Country Reports for Human Rights Practices, which provide detailed analyses of human rights practices in 196 countries, and are frequently cited in hardship, asylum, withholding of removal, and Convention Against Torture cases.

The reports and remarks by Secretary of State Colin Powell are available online at http://www.state.gov/g/drl/rls/hrrpt/2003/index.htm. 

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As over 40 percent of Los Angeles residents are foreign-born, the city has created an Office of Immigrant Affairs to help new immigrants adjust to life in the US.  The office will have two employees who will help immigrants contact existing community service and support organizations.  Federal grants totaling $125,000 will cover the costs of running the office for the next two years.

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The Department of State has issued a cable advising that all immigrant, K-1 and K-3 visa petitions that are returned with a recommendation to USCIS for revocation should be forwarded to the National Visa Center.  The cable states that there are two reasons for this new procedure.  The first is that many petitions that were returned to USCIS with recommendation for revocation have been lost.  The other reason is that the National Visa Center Fraud Protection Unit will use data obtained from revocations to track trends for future intelligence dissemination.

Under the new procedure, all revocation cases will be forwarded to the National Visa Center, who will track all the cases returned to USCIS and then forward them to the appropriate USCIS office.

The cable can be seen in full at http://travel.state.gov/state041682.html. 

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Pennsylvania is planning to transfer all Foreign Labor Certification (FLC) activity from the Philadelphia Processing Unit to the Harrisburg Processing Unit.  The transition date is expected to be April 15, 2004.  H-1B Prevailing Wage Determination Request Forms and Applications for Alien Labor Certification should continue to be filed in the Philadelphia office until this date.

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March 1, 2004 was the one-year anniversary of the Department of Homeland Security’s assumption of INS functions.  AILA, the American Immigration Lawyers Association, reviewed the DHS’s performance.  AILA found that DHS has inadequate coordination between the enforcement and adjudications branches of the agency, USCIS has inadequate funding to be able to do its job and there are continuous delays in processing.

AILA stated “it is both unfair and inaccurate to point fingers at DHS alone.  Congress and the [Bush] Administration need to step up to the plate and take responsibility for how DHS has functioned.”

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In a USCIS memorandum, Associate Director of Operations for USCIS William R. Yates provided guidance to immigration officials with regard to free trade-related changes.  The first change is the removal of the cap on Mexican NAFTA nonimmigrant professionals seeking TN status, and the elimination of the requirement that a TN petition and associated labor condition application (LCA) be filed.  The second change relates to the implementation of two new Free Trade Agreements with Chile and Singapore, which creates a new H-1B nonimmigrant classification for professionals and the extends of E-1/E-2 treaty trader/investor privileges for the two countries.