Immigration Law News
Delays Expected in Processing Applications
U.S. Citizenship and Immigration Services (USCIS) has posted an advisory for customers that states processing of fee payments and entry of cases into its tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS claims that it is working hard to deal with the increased volume.
USCIS will honor the actual date that an application was received in its mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
Until this situation is resolved, USCIS will provide a weekly updates on progress in issuing receipt notices to our customers.
Immigration
On August 10, 2007, the US Department of Homeland Security (DHS) released an advance copy of the final US Immigration and
Custom Enforcement "No-Match" Social Security Number regulation, "Safe Harbor Procedures for Employers Who Receive a No-Match Letter."
Publication of the final rule in the Federal Register is expected the week of August 13, 2007. The final rule will become effective 30 days after publication.
The final rule expands the definition of "constructive knowledge" of a no-match Social Security Number to include the failure to take
reasonable steps to address three situations: (1) an employee's request for the employer's sponsorship of the employee for a labor
certification or visa petition; (2) receipt of a no-match letter from the Social Security Administration (SSA); and
(3) receipt of a notice from DHS (usually after an I-9 audit) that the employee's employment authorization documents presented in
connection with completion of the I-9 form do not match DHS records.
The final rule includes slight revisions to the June 2006 proposed "safe harbor" protocol in relation to SSA no-match letters
and DHS notices, most notably extending from 63 days to 93 days the period of time an employer has to complete reconciliation of
information when there is a discrepancy, and promises immunity from a constructive knowledge charge premised on such notices should
the employer follow the procedure exactly as stated. While acknowledging that other actions taken by employers may constitute
"reasonable steps" in the context of a "total facts and circumstances test," employers who fail to follow the protocol may not have
the "safe harbor" from a finding of constructive knowledge in the event of a civil or criminal investigation.
At Helmer, Paul, Conley, & Kasselman, PA, we are currently assisting employers in navigating these confusing regulations,
and would gladly offer our services to help you or your company comply with the final rule.
May 29, 2007
On May 29, 2007, USCIS announced a new filing fee structure which is to take effect on July 30, 2007.
The new fee structure is dramatic in that the costs of filing most forms with the USCIS have increased
substantially. Click to access the USCIS' explanation and presentation of the
new
fee structure (Adobe Acrobat format).
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