September Immigration Update
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September Immigration Update

H-2B Cap Reached

On October 1, 2007, USCIS announced that the H-2B Cap had been reached for the first half of Fiscal Year 2008.

September 27, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2008. The “returning worker” provisions initially enacted in the “Save Our Small and Seasonal Businesses Act of 2005” (SOS Act expired on September 30, 2007. It is uncertain whether the H-2B “returning worker” provisions will be extended by Congress.

New Citizenship Test

USCIS announced the 100 questions and answers that comprise the civics component of the new naturalization test will be administered beginning October 8, 2007.

The range of acceptable answers to questions will increase. For example, one of the new questions with a range of answers is: “What is one right or freedom from the First Amendment?” The applicant may respond with a variety of possible answers such as assembly, press, religion and petition the government. Questions regarding geography have also been added to the test. For instance there is a question regarding the Missouri/Mississippi Rivers.

Question of the Month:

Question: Am I Eligible for the 7th Year Extension?

Answer: An H-1B visa is granted for three years, but can be extended for three more years for a total of six years. The “seventh year extension” under the American Competitiveness in the 21st Century Act (AC21) affords your right to extend your H-1B visa beyond the six-year limit, in one-year increments, if a labor certification, or I-140 petition or adjustment of status application (based on an approved certification), has been pending for more than 365 days from the date the labor certification or I-140 was filed. The 7th year rule applies even if the labor certification or I-140 petition was filed by another employer.

What is Section 287(g) of the Immigration and Nationality Act and how does this affect you?

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA). Local law enforcement officers must receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

Memorandum of Agreement

The MOA defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation. The MOA also prescribes the agreed upon complaint process governing officer conduct during the life of the MOA. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOA has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOA, requesting the cross-designation. The 287(g) program is designed to enable state and local law enforcement personnel, incidental to a lawful arrest and during the course of their normal duties, to question and detain individuals for potential removal from the United States, if these individuals are identified as undocumented illegal aliens and they are suspected of committing a state crime.

287(g) Signed MOAs as of 9-14-07 : 28

  • AL Alabama State Police
  • AZ Department of Corrections
  • AZ AZ Department of Public Safety
  • AZ Maricopa County Sheriff’s Office
  • CA Los Angeles County Sheriff ‘s Department
  • CA Orange County Sheriff’s Office
  • CA Riverside County Sheriff ‘s Office
  • CA San Bernardino County Sheriff ‘s Office
  • CO Dept. of Public Safety
  • CO El Paso County Sheriff ‘s Office
  • FL Collier County Sheriff’s Office
  • FL Florida Department of Law Enforcement
  • GA Department of Public Safety
  • GA Cobb County Sheriff’s Office
  • MA Department of Corrections
  • MA Framingham Police Department
  • MA Barnstable County Sheriff’s Office
  • NC Alamance County Sheriff’s Office
  • NC Cabarrus County Sheriff’s Office
  • NC Gaston County Sheriff’s Office
  • NC Mecklenburg County Sheriff’s Office
  • NH Hudson City Police Department
  • OK Tulsa County Sheriff’s Office
  • TN Davidson County Sheriff’s Office
  • VA Herndon Police Department
  • VA Prince William-Manassas Adult Detention Center
  • VA Rockingham County Sheriff’s Office
  • VA Shenandoah County Sheriff’s Office
  • Number of Task Force MOAs in Field: 10
  • Number of Jail MOAs in Field: 14
  • Number of Joint MOAs in Field: 4
  • Number of Officers Trained to date: 485
  • Number of Arrests: More than 25,000


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This information is not intended to provide solutions to individual problems and does not constitute an attorney client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information in this e-mail. The above information should not be construed as legal advice. Please note that laws change frequently.