US Customs and Border Protection has posted on its website an electronic version of a flyer created to advise travelers of new land and sea port of entry travel document procedures effective 31 January 2008.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

In a non-precedent decision, the Administrative Appeals Unit of USCIS upheld the denial of an I-140 petition for a skilled worker after reviewing the petitioner's income tax returns, and finding that the employer was unable to pay the proffered wage as of the priority date, or subsequently.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

In a non-precedent decision, the Administrative Appeals Unit ("AAO") of USCIS found that an I-360 religious worker petition failed to show that the beneficiary received remuneration for her services, and thus, that she had the requisite two years of experience immediately preceding the filing date of the petition. AAO concludes an authorized letter is not always sufficient to comply with the requirement.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

In a non-precedent decision, the Administrative Appeals Unit of USCIS upheld the denial of an H-1B petition for a human resource specialist, concluding that the petitioner did not establish that the proposed duties require knowledge that is usually associated with the attainment of bachelor's or higher degree in a specialty occupation.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

On 29 January 2008, the US Department of State issued a press release, which compares the old passport fee schedule to the new one that will take effect on 1 February 2008.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

On 30 January 2008, the US Department of State issued a second correction to the final rule reorganizing, restructuring and updating passport regulations. The rule is effective 1 February 2008. (See 73 FR 5435, 1/30/08).

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

In a non-precedent decision, the Administrative Appeals Unit of USCIS has upheld the denial of an I-140 petition for a multinational executive or manager of a restaurant, noting that a recitation of the beneficiary's vague and broadly cast job responsibilities is insufficient to establish that she would be employed in a primarily managerial or executive capacity.

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

On 30 January 2008, USCIS announced that the following H-1B exempt petitions should be sent to a special unit for processing:

*Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);

*Nonprofit organizations or entities related to or affiliated with institutions of higher education; and

*Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C).

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

We have been informed by the American Immigration Lawyers Association that USCIS and DOS has begun implementation of the Cuban Family Reunification Parole Program (CFRP).

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

On 29 January 2008, the US Department of State published in the Federal Register an interim final rule revising the schedule of fees for consular services to increase the surcharge for border security and reduce the fee for a passport book. (See 73 FR 5087, 1/29/08).

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

The US Department of Homeland Security has published its final rule regarding the minimum standards for drivers' licenses and identification cards acceptable by federal agencies for identification purposes. The final rule is effective on 31 March 2008. (See 73 FR 5271, 1/29/08)

For more information, please contact Ortega-Medina & Associates, http://www.ortega-medina.com

On 29 January 2008, the Department of Homeland Security announced that funding for implementation of the REAL ID program would increase from $31.3 million to $48.5 million in FY 2008. REAL ID sets "uniform standards that enhance the integrity and reliability of state-issued drivers' licenses and identification cards, strengthens issuance capabilities, and increases security at drivers' license and identification card production facilities." DHS has extended the deadline for states to apply for REAL ID grants until 7 March 2008.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 28 January 2008, USCIS released a Notice of Hearing and the Stipulation and Proposed Settlement Agreement in a class action suit. The lawsuit seeks to end USCIS delays of adjustment of status and naturalization applications for recipients of Social Security Insurance ("SSI") benefits whose benefits were, or may be, cut off.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 28 January 2008, the USCIS announced that its Salt Lake City field office closed at 1:00 p.m. due to severe weather.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 28 January 2008, USCIS updated its Fact Sheet on members and veterans of the US Armed Forces who are eligible for naturalization through §§ 328 and 329 of the Immigration and Nationality Act. These sections generally apply to service in the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard and the Selected Reserve of the Ready Reserve. All immigrants who have served honorably on active duty in the U.S. Armed Forces or as a member of the Selected Ready Reserve during designated war times or conflict, including on or after September 11, 2001, are eligible to file for immediate citizenship under the special wartime provisions in Section 329 of the INA. Section 328 applies to members who served during peace time and meet the following qualifications:

1. Served honorably for at least one year.
2. Obtained lawful permanent resident status.
3. Filed an application while still in the service or within six months of separation.

All aspects of the naturalization process are available to members of the Armed Forces overseas. To become a citizen, the member must demonstrate the following:

1. Good moral character;
2. Knowledge of the English language;
3. Knowledge of U.S. government and history (civics); and
4. Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.

If a member obtains US citizenship through military service, but then subsequently separates from the military under "other than honorable conditions" before completing five years of honorable service, his or her citizenship may be revoked.

For more information, please contact Katie Lewis at Ortega-Medina & Associates. http://ortega-medina.com

On 23 January 2008, USCIS issued an update on receipting times at the service centers and lockboxes, which advised that 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". This delay has resulted in delays in the issuance of notices of receipt. USCIS advises that it will honor the actual date that an application was received in its mailroom; this date will be indicated on the Notice of Receipt (Form I-797) If your case is affected by the receipt delay, arrival of your Notice of Receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications. USCIS will continue to provide weekly updates on progress in issuing receipt notices. Additionally, as of 4 January 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130s (Petition for Alien Relative), which are being receipted at the Chicago Lockbox facility.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 1 November 2007, the Vermont Service Center (VSC) changed its expedite request process.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 23 January 2008 the Department of Health and Human Services released an update of the agency's poverty guidelines to account for last year's increase in prices. (See 73 FR 3971, 1/23/08).

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com

On 11 December 2007, the Guatemalan Congress passed new adoption legislation, which came into effect 31 December 2007 and was a necessary step toward meeting their obligations under the Hague Convention on Intercountry Adoption. It is now the responsibility of the Guatemalan government, and not USCIS, to determine how Guatemala's new legislation will be applied specific adoption cases. In addition to complying with the regulations of the Guatemalan government, USCIS also "reminds all prospective adoptive parents who are seeking to adopt a Guatemalan child, and who want to have their cases processed under the existing U.S. orphan regulations, rather than the U.S. regulations for Convention adoptions, that U.S. law requires that the prospective adoptive parents must file either Form I-600A or Form I-600 with USCIS prior to April 1, 2008." USCIS warns prospective adoptive parents that once the Hague Convention comes into effect in the U.S. on 1 April 2008, there may be a period when USCIS is unable to approve adoption from Guatemala. Any adoption which commenced prior to the 13 December 2007 effective date of the Guatemalan legislation may be completed under the former procedures, but must comply with all U.S. and Guatemalan laws.

For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com