MARCH B. RFEs for Religious Workers to be Reissued - Affected petitioners do not have to respond to generic RFEs.

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1 MARCH 2007 The law firm of Klasko, Rulon, Stock & Seltzer, LLP is pleased to present our March 2007 newsletter covering immigration topics that are of interest to our clients. March 2007 Headlines: 1. Klasko Unveils New Website: Loaded with Immigration News and Data 2. DHS News: A. Work Authorization Application Revised - USCIS has revised the Application for Employment Authorization to obtain supplemental evidence from foreign physicians with national interest waivers. B. RFEs for Religious Workers to be Reissued - Affected petitioners do not have to respond to generic RFEs. C. Department Proposes to Relax Land, Sea Passport Rules for Children - DHS plans to propose significant flexibility on requirements for travel documents for U.S. and Canadian children entering the U.S. via land or sea ports. D. Traveler Redress Inquiry Program Launched - DHS TRIP lets travelers address situations where they have been incorrectly delayed, denied boarding, or identified for additional screening. E. CBP Establishes Traveler Complaint Website F. Top Officials of Cleaning Service Charged With Immigration Violations - About 200 undocumented workers in 18 states were swept up in a federal investigation of a cleaning service. 3. BIA Says Individual Is Child Who Filed for Adjustment After CSPA Effective Date - The respondent retained his status as a child, and therefore was an immediate relative, because he was under the age of 21 when the visa petition was filed on his behalf. 4. Fourth Circuit Court Holds That Adjustment Applicants Can Exercise Job Portability in Removal Proceedings - The Fourth Circuit ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings. 5. Employment Third Preference Category Stagnates Little, if any, forward movement in the employment third preference category expected in the near future. 6. GAO Says US-VISIT Needs Work - The US-VISIT program has not yet implemented a biometric exit capability or a suitable alternative. 7. Congressional Research Service Analyzes Unauthorized Foreign Students and the DREAM Act - CRS analyzed legislative proposals that would enable some unauthorized foreign students to become lawful permanent residents (LPRs) through cancellation of removal.

2 8. Newsweek says: Business Travel to U.S. Down 10 Percent - A report blames the decline primarily on post-9/11 visa hassles. 9. Government Agency Links 10. Klasko News - Speaking Engagements, Recent Publications, Trivia, and more. DETAILS 1. Klasko Unveils New Website: Loaded with Immigration News and Data Come visit the firm s revamped website at The new website is more user friendly and boasts an extended immigration glossary and hosts a plethora of current articles addressing topics that are of interest to you. Visit the calendar section of the site for dates and information on where Klasko lawyers will be speaking on vital immigration law matters (and get copies of the handouts, too). This site will be updated frequently so please visit us often. 2. DHS News A. Work Authorization Application Revised USCIS has revised the Application for Employment Authorization (Form I-765) so that additional evidence can be obtained from foreign physicians with national interest waivers (NIWs). The new form requires more evidence from NIW physician applicants to ensure that they are not using a pending adjustment of status application solely as a means for employment other than for medical service in designated shortage areas. Previous versions of the I-765 will no longer be accepted but I-765s that were received as of February 21, 2007, will be accepted and processed. The revised I-765 eliminates two reasons for filing: (1) replacement of an employment authorization document (EAD) that was never received, and (2) replacement of an EAD that was issued with incorrect information because of a USCIS administrative error. Those who wish to file an I-765 for those reasons should contact the USCIS office that processed their previously filed I-765 (the USCIS letter accompanying the EAD contains the address of that office). Applicants may also call the National Service Center ( ) to ask about an EAD that was never received or was received with incorrect information. The announcement is posted at and the revised form is posted at B. RFEs for Religious Workers to be Reissued USCIS has recently discovered that some requests for evidence (RFEs) issued to petitioners for special immigrant religious workers did not take into account certain evidence included with the petitions. Those affected may respond if they choose, by pointing out the evidence they had already submitted and submitting Klasko, Rulon, Stock & Seltzer, LLP Page 2 of 6

3 any other missing evidence. "Petitions will not be denied for abandonment for failure to respond to these generic RFEs," USCIS said. The announcement is posted at C. Department Proposes to Relax Land, Sea Passport Rules for Children As part of the forthcoming notice of proposed rulemaking on the Western Hemisphere Travel Initiative (WHTI), the Department of Homeland Security (DHS) plans to propose rules allowing U.S. and Canadian citizen children 15 and under, with parental consent, to cross the border at land and sea ports with a certified copy of their birth certificate as an alternative to a passport or other WHTI-compliant identity document. Also, U.S. and Canadian citizen children, ages 16 through 18, traveling with public or private school groups, religious groups, social or cultural organizations, or teams associated with youth athletics organizations would be able to enter at land or sea ports under adult supervision with certified copies of their birth certificates. The DHS proposal does not affect the requirements for air travel. This announcement is posted at D. Traveler Redress Inquiry Program Launched DHS has launched the DHS Traveler Redress Inquiry Program (DHS TRIP) allowing travelers to seek redress when they have been incorrectly delayed, denied boarding, identified for additional screening, or have otherwise experienced difficulties when seeking to enter the U.S. Travelers can describe their concerns in a single request via a secure website. The information received will be shared with appropriate DHS component agencies, such as the Transportation Security Administration, as well as the Department of State. For more information on DHS TRIP or to use the system, see E. CBP Establishes Traveler Complaint Website U.S. Customs and Border Protection (CBP) has launched a website for handling traveler complaints. An outline of the CBP's response programs and information on how to file a complaint are available at F. Top Officials of Cleaning Service Charged With Immigration Violations On February 22, 2007, undocumented workers in 18 states were swept up in a U.S. Immigration and Customs Enforcement and Internal Revenue Service investigation of Rosenbaum-Cunningham International, Inc. (RCI), a cleaning service. RCI co-owners were charged with various fraud, immigration, and tax charges in a 23-count indictment. The estimated 200 janitors were nabbed at 63 locations, including the House of Blues, Hard Rock Café, ESPN Zone, Planet Hollywood, and others. ICE's announcement is posted at Klasko, Rulon, Stock & Seltzer, LLP Page 3 of 6

4 3. BIA Says Individual Is Child Who Filed for Adjustment After CSPA Effective Date The Board of Immigration Appeals (BIA) sustained the appeal and remanded the case of a person whose visa petition was approved before the August 6, 2002, the effective date of the Child Status Protection Act (CSPA), but who filed an adjustment of status application after that date. The BIA said the individual retained his status as a child because he was under the age of 21 when the visa petition was filed on his behalf. For further information about the decision, please contact a Klasko lawyer. The full text of the case is posted at 4. Fourth Circuit Court Holds That Adjustment Applicants Can Exercise Job Portability in Removal Proceedings On February 22, 2007, in Perez-Vargas v. Gonzales, the U.S. Court of Appeals for the Fourth Circuit ruled that applicants with pending adjustment of status applications can exercise job portability while involved in removal proceedings. For more on this case, including an analysis of its likely effects in the Ninth Circuit and other jurisdictions, contact William A. Stock, wstock@klaskolaw.com. 5. Employment Third Preference Category Stagnates The Department of State (DOS) notes in the Visa Bulletin for March 2007 that little, if any, forward movement in the employment third preference category is expected in the near future. Recent discussions with both USCIS and the Department of Labor indicate, DOS said, that the demand for numbers with pre-august 2002 priority dates is likely to be extremely high in the coming months as both agencies continue to work on their backlogs. This could easily cause a retrogression of the current employment third preference cut-off dates if that demand begins to materialize at USCIS offices during the spring and summer months. 6. GAO Says US-VISIT Needs Work The U.S. Government Accountability Office (GAO) said in a recent report that the Department of Homeland Security's US-VISIT program has not yet implemented a biometric exit capability or a suitable alternative. Without effective management controls, the GAO said, there is a risk that US-VISIT "will not produce the right solution, and be managed the right way." The report makes numerous recommendations to address the DHS's management challenges with respect to this program. The GAO report is available at 7. Congressional Research Service Analyzes Unauthorized Foreign Students and the DREAM Act The Congressional Research Service (CRS) issued a report on January 30, 2007, analyzing legislative proposals under the DREAM Act that would enable some unauthorized foreign students to become lawful permanent Klasko, Rulon, Stock & Seltzer, LLP Page 4 of 6

5 residents (LPRs) by utilizing cancellation of removal. The CRS said that the 110 th Congress may consider DREAM Act legislation either as a free-standing bill or as part of a larger immigration reform measure. The report, entitled, "Unauthorized Alien Students: Issues and 'Dream Act' Legislation," was issued January 30, 2007, and is available at 8. Newsweek says: Business Travel to U.S. Down 10 Percent In the February 26, 2007, issue of Newsweek magazine, Editor Fareed Zakaria states that total international arrivals to the U.S. declined 10 percent between 2000 and 2004 and that in the last two years, business travel to the U.S. declined by 10 percent. During the same time period, other major capitals (London, Singapore, Dubai) experienced increases. While foreign student enrollment increased in the U.S. by 17 percent between 1999 and 2005, other countries experienced even greater increases during the same period: enrollments have grown by 28 percent in Britain, 42 percent in Australia, 46 percent in Germany, and 81 percent in France. The article cites post-9/11 visa hassles as the reason for the decline, noting that Discover America polled 2,000 randomly selected international travelers this winter regarding which location was the worst for visa problems and difficulties with immigration officials. The U.S. topped the list. 9. Government Agency Links USCIS Service Center processing times and case status online: Department of Labor processing times and information on backlogs: Department of State Visa Bulletin: Klasko News Spring Seminar Booklet Available At our client seminar this week in Philadelphia, Klasko partners discussed legislative updates, service center and bi-specialization updates, portability issues, workplace enforcement concerns, among other immigration issues requested by participants. We were thrilled with the record turnout of clients and friends this year. If you would like a complimentary copy of the seminar resource handbook which includes PowerPoint presentations, relevant articles and an extended immigration glossary, write to us at seminars@klaskolaw.com. Please be sure to include name and complete mailing address. Please note that the updated presentation may be viewed and downloaded from our website at Klasko, Rulon, Stock & Seltzer, LLP Page 5 of 6

6 Klasko A Wealth of Information The International Educator, the flagship bimonthly magazine of NAFSA: Association of International Educators, the leading association in the field of international education and exchange, asked Ron Klasko for ideas on how to help develop its institutional immigration policies for universities. Ron was quoted extensively in the Jan/Feb 07 issue of the International Educator for this story. Moreover, The Legal Intelligencer came to Ron to learn about firm marketing strategies. Ron s responses can be found in the March 7, 2007 edition of The Legal Intelligencer in the article entitled Strategic Marketing Plans Stressed for Midsized Firms. Upcoming Speaking Engagements Klasko chairman H. Ronald Klasko will lecture at the International Visitors Center, Columbia University, Pennsylvania Bar Institute and several American Immigration Lawyers Associations symposiums in the coming weeks among other speaking engagements. KRSS regularly holds free on-site educational programs for corporations, universities, hospitals and research institutions. If you would like more information on how to arrange an on-site program at your organization, write to Ron at rklasko@klaskolaw.com. Recent Publications H. Ronald Klasko and Stephanie Browning s recent article, Estate Planning for Multinationals: Immigration Issues, was published this March in the Pennsylvania Bar Institute s Estate Planning for Multinationals. This article discussed nonimmigrant visas, permanent residence option, naturalization, and expatriation issues. Write to Ron or Stephanie at rklasko@klaskolaw.com or sbrowning@klaskolaw.com to request a copy. Local Government and Immigration Regulation by associate Geoffrey Forney was published in The Legal Intelligencer in March This publication discusses the legal and political implications of Hazleton's ordinance seeking to revoke the licenses of employers and landlords who hire and rent to illegal aliens. Forney s Paradigm and Meaning in Labor Certification Adjudication: The Regulatory World of the Occupational Information Network (O*NET) was published in connection with the Florida Bar Association's 28th Annual Immigration Law Conference held in Miami, Florida, in February. This article addresses conceptual issues and the historical background of O*NET as it affects the adjudication of PERM labor certification applications. To request a copy of either article, Geoffrey at gforney@klaskolaw.com. Klasko Trivia Did You Know... That Klasko Senior Associate Ralf D. Wiedemann is learning Russian from his 15-monthold daughter, Sofia (Ralf s wife speaks Russian to her at home all day). Disclaimer/Reminder: This newsletter does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed. Copyright 2007 Academy of Business Immigration Lawyers and Klasko, Rulon, Stock and Seltzer, LLP. All rights reserved. Klasko, Rulon, Stock & Seltzer, LLP Page 6 of 6