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Backlog News-Breaking News
For those of you who have been anxious to know (and you know who you are) the Department of Labor PERM website at www.plc.doleta.gov now indicates that the Backlog will be eliminated by September 30, 2007.

Volume I-5 June Newsletter

IMMIGRATION REFORM

On May 15, 2006, president Bush addressed the nation announcing he will send 6000 National Guard troops to the U.S. border with Mexico. This was an effort to win the support of conservative members of his own party to support comprehensive immigration reform. Reaction to the plan has been mixed. Recently ICE has stepped up enforcement efforts arresting over 2100 criminal aliens, gang members and immigration violators in Operation Return to Sender.

On May 26, 2006 the Senate passed the Hagel-Martinez compromise and sent the bill to the House of Representatives. On December 16, 2005 the House of Representatives passed HR 4437, The Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005. This bill sparked the immigrant rights protests because of the perception that it will result in mass deportation.

In order for a law to be passed, the House and Senate must reconcile their differences and send a bill to the President to be signed into law. Contact your representatives and express your support for immigration reform. Restrictionists are flooding the phone lines of the Congressional offices. Make your voice heard.

It appears that any chance at a new law may be put off until after the mid term elections in November. Please continue to express support for those legislators fighting for comprehensive immigration reform. Encourage friends, relatives, neighbors and community groups to do the same.

NO-MATCH LETTERS

ICE recently published a proposed regulation in the Federal Register at 71 FR 34281, June 14, 2006) which sets forth the obligations of an employer who receives a no-match letter from the Social Security Administration or Department of Homeland Security. Comments are due by August 14, 2006.

LABOR CERTIFICATION APPEALS

As of June 5, 2006 it has been reported that BALCA had 177 of combined PERM and pre-PERM appeals pending, 45 of those are reportedly PERM appeals. The typical issues in pre-perm are unlawful rejection of US workers, failure to document good faith recruitment, and failure to document the existence of a bona fide job opportunity.

BACKLOG RE-OPENING

The DOL has agreed to re-open cases where the attorney or employer has not received the 45 day letter and has notified the DOL within 30 days from receipt of the closure letter. The issue of re-opening the cases where the 45 day letter was returned timely and the case was still closed has not been resolved.

EL-SALVADOR TPS

DHS has extended the re-registration period for eligible nationals of El Salvador. Individuals must re-register during the period beginning July 3, 2006 and ending September 1, 2006.

FAMILY REGRESSION

We are disappointed to report that the cutoff date for many of the family classifications has regressed. In addition the Department of State has announced that the immigrant visa number use is approaching the annual limits for the year and additional regression is possible. Again, another reason to support immigration reform.

FIANCEE RFE's

USCIS has announced that it plans to issue over 10,000 requests for evidence on cases filed on or after March 6, 2006 as a result of the International Marriage Brokers Regulation Act of 2005, IMBRA. Since the form does not request information on the Petitioner's criminal record, Petitioner's were not asked for this information. A new form has recently been released. Be prepared for delays.

CAP EXEMPTIONS

On June 6, 2006, USCIS issued guidance regarding H-1B petitions that are eligible for cap exemptions. The Memo addresses the fact that the word “as” is used regarding the exemption rather than “by” in the phrase “offer of employment at an institution of higher education.” The Memo goes on to cite examples of employers exempt from the H-1B cap. With the cap closed as of May 26, 2006, these issues have become extremely important. Again we encourage you to support the high skilled immigration provisions of the Immigration Reform effort. Write and call your representatives.

S & K HAPPENINGS

We are pleased to welcome Sofia Elena Sicard Archambeault to the S&K family on May 27, 2006 . Matt, his wife and daughter, are all doing well.

Scott and Jeff will be attending the annual AILA conference in San Antonio Texas.

Anthony Mahalis and Alexa Shupp have graduated from 8 th grade. Congratulations!!

We welcome Rosalind Newholme a Muhlenberg College student as our summer intern.

If your group is looking for a speaker to discuss immigration topics of interest, please be sure to contact us for availability at info@inslawonline.com.

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The information contained in our newsletter is not meant as legal advice. The information is of a general nature and does not create an attorney client relationship. Please consult a qualified attorney and discuss the specific facts of your case before taking any action.