IndiaPost.com - April 2008 immigration update

Biometrics Required for Re-Entry Permits and Refugee Travel Documents

US Citizenship and Immigration Services (USCIS) issued revised instructions, effective March 5, 2008, for the Application for Travel Document (Form I-131). The revised instructions require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints, photographs) at USCIS Application Support Centers (ASCs). USCIS will notify applicants of their appointments at designated ASCs after submission of the I-131 application.

The new instructions for the I-131 require that applicants for re-entry permits and refugee travel documents that are ages 14 through 79 provide biometrics before departing from the U.S. Applicants for re-entry permits and refugee travel documents who are in the U.S. must pay an $80 biometrics fee or submit a fee waiver request with sufficient documentation. The $305 I-131 application fee cannot be waived.

The I-131 instructions also provide guidance for certain persons applying for refugee travel documents (not re-entry permits) who are abroad at the time of filing, on visiting a U.S. Embassy or consulate for fingerprinting.

PERM Data Released

The Employment and Training Administration's Office of Foreign Labor Certification (OFLC) recently released fiscal year (FY) 2007 data covering cases processed under the Permanent Labor Certification Program. Selected statistics include:

• More than 85,100 PERM cases were certified during FY 2007.

• Foreign workers representing 176 countries were certified for permanent work in the U.S.

• Nearly 6 out of 10 PERM cases were certified for small employers (defined as fewer than 250 workers).

• Top states: California (20,222), New York (8,843), New Jersey (6,594), Texas (6,534), Florida (5,128).

• Top countries: India (24,573), China (6,846), Mexico (6,442), South Korea (5,159), Canada (4,837).

• Top employers: Microsoft Corporation; Cognizant Technologies; Oracle USA, Incorporated; Intel Corporation; Ernst & Young, LLP; Motorola Incorporated.

The PERM data is available at foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announ-cement.pdf.

India Second Preference Visa Numbers Available in April; Iraqi, Afghani Translator Numbers Going Fast

The Department of State's Visa Office announced in the April 2008 Visa Bulletin that visa numbers have once again become available to the India employment second preference category. The Department noted that if total demand is insufficient to use all available numbers in a particular employment preference category in a calendar quarter, the unused numbers may be made available without regard to the annual "per-country" limit.

Based on the current level of demand, the Department said, there would be otherwise unused numbers in the employment second preference category. The rate of number use in that category will continue to be monitored, and the Department said it may be necessary to make adjustments should the level of demand increase substantially.

The Department also stated that the National Visa Center has already scheduled 485 Iraqi and Afghani special immigrant translator cases for interview in fiscal year 2008. Of these, 332 special immigrant visa numbers have been issued to principal applicants and another 170 cases are scheduled for March. Given the number of cases scheduled, along with those still pending, the Department said it is likely that the FY 2008 numerical limitation of 500 visas in this category will be reached soon.

The April 2008 Visa Bulletin is available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html.

DHS Collecting 10 Fingerprints at JFK Airport

The Department of Homeland Security (DHS) announced on March 25, 2008, that it has begun collecting additional fingerprints from international visitors arriving at New York's John F. Kennedy International Airport (JFK). The change is part of the DHS's upgrade from two- to 10-fingerprint collection to enhance security and facilitate legitimate travel.

On an average day at JFK, the DHS noted, almost 14,400 international visitors complete biometric procedures. Visitors from Mexico, the United Kingdom, Germany, Italy, France, and Japan comprise the largest numbers of international visitors arriving at JFK. JFK is the tenth port of entry to begin collecting 10 fingerprints from international visitors.

Washington Dulles International Airport began 10-fingerprint collection on November 29, 2007. Hartsfield Jackson Atlanta International Airport, Boston Logan International Airport, Chicago O'Hare International Airport, George Bush Houston Intercontinental Airport, San Francisco International Airport, Miami International Airport, Orlando International Airport, and Detroit Metropolitan Wayne County Airport have also begun 10-fingerprint collection.

Under the US VISIT program, the agency is evaluating 10 fingerprint collection at these airports. It will use the results to inform the deployment of the technology to the remaining air, sea, and land border ports of entry that will transition to collecting 10 fingerprints by December 2008. The DHS announcement is available at http://www.dhs.gov/xnews/releases/pr_1206470846443.shtm.

Hard Times Expected at Toronto Consulate

Jeffrey S. Tunis, the consular chief for the U.S. Consulate in Toronto, issued a memorandum on March 5, 2008, stating that the consulate expects a severe staffing shortage this summer and noting that the facility is "solidly booked" with respect to nonimmigrant visa appointments. The consulate is taking steps to reduce its workload, including not accepting any unsolicited telephone calls.

The consulate's Web site is at http://toronto.usconsulate.gov/content/index.asp.