News Bytes
The USCIS, on 3/11/05, posted a new form I-129 to its website. The former form I-129W has been removed from the website, updated and incorporated into the new version of form I-129. Instructions and the form have been revised and updated, including the new fees and other changes such as additional bases for classification and requests for action; requiring passport information, LCA case number and a NAICS code. The new version also contains a form for nonimmigrant classification based on a Free Trade Agreement, and makes changes to the form for H-2A or H-2B classification. Additional changes are made to the O & P and the Q & R classification supplements.
Note also that the instructions to the form require that the H-1B and L-1 $500 Fraud Prevention and Detection Fee must be paid with a check or money order that is separate from the additional fee and petition fee.
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On January 27, 2005, U.S. Citizenship and Immigration Services published a proposed rule in the Federal Register, to provide a uniform review process governing petitions for aliens to perform temporary nonagricultural services or labor in H-1B status. To ensure that the public has ample opportunity to fully review and comment on the proposed rule, DHS has extended the comment period for this rule for an additional 30 days. This document informs the public that the comment period has been extended until April 8, 2005. Comments can be submitted at the following web sites: http://www.epa.gov/feddocket and http://www.regulations.gov.
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According to the Chronicle of Higher Education, the Council of Graduate Schools recently reported that foreign applications for graduate study in the United States are down five percent this year. According to the results of a recent survey conducted by the Council, fewer applications came from China and India, the two countries that send the most students to the United States. China’s applications were down 13 percent and India’s were down 9 percent. Calculated according to discipline, engineering applications were down by 7 percent and business applications were down by 8 percent.
According to the Council’s report, the decline in applications is attributed to increased global competition for graduate students, tougher US visa policies, and perceptions abroad that the US is less welcoming of foreign students than in previous years. The Council said that graduate schools have responded to the competition by improving their admissions systems and making decisions faster in order to give students more time to obtain US visas.
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Texas Attorney General Greg Abbott recently announced he has stopped a second Houston woman from charging hundreds of Hispanic consumers up to thousands of dollars for unauthorized immigration-related consulting services. Abbott obtained a temporary restraining order and asset freeze against Yolanda Perez. Perez, who operated a nonprofit corporation called New Anointing/Nueva Uncion, falsely told clients she was a former employee of the Immigration and Naturalization Service. She provided services in Harris County, Texas, for at least four years, advertising on misleading business cards. In order to lend credibility to her business, she operated out of office space she leased from various churches.
Perez's company is the 21st such business Abbott has stopped from providing unauthorized legal advice on immigration matters.
According to the lawsuit, Perez charged clients initial fees of $300-$400 per person for help with immigration visas, permanent residency and/or work or travel permits for themselves or their relatives. Perez, who also operated under the names "Greater Houston Family Outreach" and "Servicios a la Comunidad," would give immigration forms to clients to mail, but would often address them incorrectly, causing many to be returned. As a result, many consumers lost hundreds of dollars in immigration filing fees, and some received notices to appear at deportation hearings. Several consumers were unable to contact Perez about their problems, and at least one found her office doors locked with no relocation information.
Perez also falsely represented herself as an attorney. In Texas, only licensed attorneys and nonprofit organizations specifically accredited by the U.S. Department of Justice's Board of Immigration Appeals (BIA) can charge fees to advise and represent clients in immigration matters.
A court hearing to consider a temporary injunction against Perez is set for March 14.
Former or current clients of Perez who wish to file a complaint should immediately contact the Office of the Attorney General at 1-800-252-8011. Consumers can also call that number to file a complaint against any other suspected unauthorized operation. Assistance is available in Spanish and English.
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A day laborer from the Bronx who was injured on the job won a $4 million settlement last week. His attorneys are describing it as the largest payout to an undocumented immigrant in history. The worker in 2001 fell 30 feet to the ground when the scaffolding supporting him at a Bronx construction site collapsed. According to the NY Sun, the worker, his lawyer and advocates from Asociacion Tepeyac, the advocacy group that helped him with his case, said they hoped it would show other undocumented immigrants that, despite their illegal status, they are protected by American labor laws.
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