In non-precedent decision, the Administrative Appeals Office has upheld the denial of an EB-5 petition because the petitioner failed to show the lawful source of funds, that she would be involved in the management of the business, and that the investment was in an employment generating entity.

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

On 26 February 2008, the US Department of Justice published in the Federal Register the final rules raising civil monetary penalties for employers who violate employment eligibility verification requirements. These rules are effective 27 March 2008. (See 73 FR 10130)

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

On 27 February 2008, the Washington Post published an article discussing US Immigration and Customs Enforcement's (ICE) increased efforts to identify deportable immigrants. Their efforts led to 164,000 criminals being placed in deportation hearings in the 12 months that ended on 30 September 2007. This is an increase from the 64,000 criminals placed in deportation hearings the year before. ICE has used increased technology and relationships with law enforcement agencies to help identify deportable criminals. Some local law enforcement agencies are beginning to deputize officers to enforce immigration laws. The article states that even immigrants that are arrested on false charges may be subject to review of their immigration status.

This increase has also required defense lawyers and prosecutors to examine and to refer to complex immigration laws. Opponents of ICE's increased enforcement argue that Immigration Judges are now overwhelmed with deportation hearings, as the number of Immigration Judges has not been increased, and are forced to make quick decisions while immigrants in deportation proceedings spend increasing amounts of time in custody. The increase is also attributed to a 1996 law that allowed for the deportation of Legal Permanent Residents who are convicted of aggravated felony.

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

Attempted Conscription by FARC not a Basis for Asylum

In Tobon-Marin v. Mukasey, the First Circuit Court of Appeals held that the coercive conscription practices of the FARC (in Colombia) did not trigger an entitlement to asylum. The court noted that the conscription efforts might be motivated by the recruiters' desire to fill their ranks and that the target of the recruitment might resist for any number of non-political motives. (Case No. 07-1113; 8 January 2008)

Withholding Claim Denied Based on Identity Theft Conviction and Failure to Prove Homosexuality

In Eke v. Mukasey, the Seventh Circuit Court of Appeals held that Petitioner's convictions for identity theft were properly characterized as aggravated felonies. With regard to his withholding claim based on homosexuality, the court upheld the agency finding that he failed to meet his burden of proof due to his incredible testimony and lack of corroborating evidence. (Case No. 06-3391; 7 January 2008)

IJ's Frivolousness Finding in Albanian Asylum Claim Upheld

In Ceraj v. Mukasey, the Sixth Circuit Court of Appeals held that substantial evidence supported the Immigration Judge's finding that Petitioner's claim was frivolous. The court found that Petitioner received adequate warning about the consequences of filing of frivolous application and was accorded sufficient opportunity to account for discrepancies in his various applications. (Case No. 06-4148; 28 December 2007)

"Courage Does Not Negate Fear" in Colombian Asylum Claim

In Santamaria v. U.S. Att'y Gen., the Eleventh Circuit Court of Appeals vacated the Immigration Judge's ("IJ") finding that Petitioner, a Colombian lawyer, failed to show a well-founded fear. The court found that she had shown past persecution and was entitled to a rebuttable presumption. The court held that substantial evidence did not support the IJ's lack of subjective fear finding. (498 F.3d 1253, 1258 (11th Cir. 2007)

Persecutor Bar Applies to Guard at Forced Abortion Facility

In Chen v. U.S. Att'y Gen., the Eleventh Circuit Court of Appeals held that the standard for determining whether an asylum applicant is ineligible for asylum and withholding due to assistance or participation in persecution is a whether his or her conduct was active, direct and integral to the underlying persecution. This holding is in agreement with the court's sister circuits. (Case No. No. 07-11562; 17 January 2008)

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

On 21 February 2008, multiple media outlets announced that the US Embassy in Belgrade had been attacked by people protesting Kosovo's independence from Serbia. The United States was one of the first countries to recognize Kosovo's independence. Protestors threw rocks and set fire to the Embassy. One protester was killed in the attack.

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

On 20 February 2008, USCIS announced that it is offering free copies of the Civics and Citizenship Toolkit to organizations that serve, or that are interested in serving, immigrants. The Toolkit includes immigration and civics publications, handbooks, multimedia tools and guidance on using the tools to assist US Legal Permanent Residents. The Toolkit may be used to teach Citizenship courses or as a self-study packet. The number of free copies is limited on a first come, first serve basis and may be ordered at the following website http://www.citizenshiptoolkit.gov.

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

On 19 February 2008, the Department of Homeland Security announced that it has begun collecting 10 fingerprints from international visitors arriving at Detroit Metropolitan Wayne County Airport.

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

On 19 February 2008, the Department of Homeland Security published in the Federal Register an interim rule eliminating previous procedures for immigration-related conveyance forfeitures under INA § 274(b), and revising 8 CFR § 274. The interim rule is effective immediately. (See 73 FR 9010; 2/19/08).

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

Denial of L-1A Extension for General manager

The Administrative Appeals Office ("AAO") has upheld the USCIS denial of an extension for an L-1A VP/General Manager of a freight forwarding company. The AAO found that although the Petitioner had established that the Beneficiary would have supervisory authority over a professional, it had not shown that the she would be primarily engaged in managerial or executive tasks, which is a clear requirement for an L-1A extension application.

Denial of P-3 Extension for Chinese Opera Performers

The AAO has upheld the USCIS's denial of a P-3 Petition that requested the extension of P status for a group of Chinese opera performers. The office found that the Petitioner had failed to establish the following: a.) The Beneficiaries had no intention of abandoning their foreign residence; and b.) The Beneficiaries would be in the US solely to perform, teach or coach under a culturally unique program.

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

On 19 February 2008, USCIS announced that, effective immediately, all stand-alone Form I-130s, Petition for Alien Relative must be filed with the Chicago Lockbox instead of a USCIS Service Center. This update states that petitions filed directly with a USCIS Service Center will now be rejected. Once filed with the Chicago lockbox, USCIS will route the petition to the appropriate Service Center based on the petitioner's location in the United States.

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

On 15 February 2008, USCIS announced that, effective immediately, applicants who concurrently file Form I-485 (Application to Register Permanent Status or Adjust Status) based upon the approval of an employment based petition and Form I-765 (Application for Employment Authorization) will only receive one biometrics appointment letter to appear at a designated Application Support Center (ASC). Family based adjustments of status already receive only one appointment letter. The reduction to one biometrics appointment letter is an attempt by USCIS to improve efficiency and customer service. Applicants who filed concurrently prior to this notice must still attend both appointments based on the two biometrics appointment letters. This change does not affect applicants that do not file Form I-485 and Form I-765 concurrently.

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

The Compact of Free Association Approval Act set forth a joint resolution between the United States and Palau regarding the termination of the U.S. trusteeship over the former Trust Territory of the Pacific Islands (TTPI). The resolution, which went into effect on 1 October 1994, further provided the basis for Palau to be established as a sovereign nation with a special relationship with the United States. Citizens of Palau are not citizens of the United States. The Compact applies to citizens of Palau by birth and former TTPI citizens, and also naturalized citizens of Palau who have been actual residents of Palau for not less than five years after naturalization with a certificate of actual residence may exercise privileges under the Compact. Persons eligible under the Compact may travel and apply for admission to the United States as nonimmigrants without visas, although they are subject to most ground of inadmissibility. It is not necessary for Citizens of Palau to have a passport for admission to the United States. One may instead show proof of citizenship, such as a birth certificate, and proof of identity, such as a government issued ID. Under the compact, these persons may live, study, work, and obtain a Social Security Number in the United States; however, one must obtain an Employment Authorization Document to be eligible for employment.

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

On 13 February 2008, a USCIS Press Release announced a proposed rule aimed removing unnecessary limitations on H-2A workers. USCIS stated that the key modifications would:

- Extend from 10 to 30 days the time a temporary agricultural worker may remain in the United States following the expiration of the H-2A petition;
- Reduce from six months to three months the time an H-2A worker must wait outside the United States before they are eligible to re-obtain H-2A status;
- Allow H-2A workers who are changing from one H-2A employer to another to begin work with the new petitioning employer upon the filing of a new H-2A petition, provided the new employer participates in USCIS' E-Verify program;
- Require an employer attestation regarding the scope of the H-2A employment and the use of recruiters to locate H-2A workers;
- Crack down on employers and recruiters who impose fees on prospective H-2A workers;
- Require an approved temporary labor certification in connection with all H-2A petitions;
- Prohibit the approval of H-2A petitions for nationals of countries determined to be consistently refusing or unreasonably delaying repatriation of their nationals; and
- Establish a land-border exit system pilot program, which ensures that foreign workers admitted through a port of entry participating in the H-2A program must depart through a similar port that also participates in the program.

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

On 13 February 2008, USCIS published a revised Fact Shee regarding The Compact of Free Association Act of 1985 (Public Law 99-239) ("Compact") between the United States and the Republic of the Marshall Islands and the Federated States of Micronesia (RMI/FSM) regarding the termination of the U.S. trusteeship over the former Trust Territory of the Pacific Islands (TTPI). The resolution which took effect on 3 November 1986 also outlined a special relationship between the United States and these nations. While citizens of the RMI or the FSM are not citizens or nationals of the United States, "citizens of the FSM and the RMI by birth and those citizens of the former TTPI who acquired FSM or RMI citizenship in 1986 are entitled under the Compacts to travel and apply for admission to the United States as nonimmigrants without visas." However, most grounds of inadmissibility still apply and once admitted, most grounds of deportability still apply. To apply for admission to the United States, a citizen of RMI or FSM must present a valid, unexpired passport and should also have documentation evidencing their eligibility under the Compact. Persons admitted under the Compact may freely seek employment without an Employment Authorization Card and may also obtain a Social Security Number. FSM and RMI Citizens that are admissible to the United States may also volunteer for the US Armed Forces.

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

On 6 February 2008, US Customs and Border Patrol updated their website as to the required documents for foreign nationals and US permanent residents to enter the United States. Oral declarations are no longer accepted when entering the United States. Currently, all persons traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda are required to present a valid passport or Air NEXUS card. In late as Spring 2009, aLL persons traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), may be required to present a valid passport, Nexus, Fast card or other documents as determined by the Department of Homeland Security. However, recent legislative changes may delay the implementation of this policy beyond Spring 2009. Lawful permanent residents (Green Card holders), refugees, and asylees (of the United States) will continue to be able to use their Alien Registration Card ("Green Card",Form I-551), or the Travel Document issued to those with refugee or asylee status to apply for entry to the United States.

The CBP website additionally states that:

- Foreign nationals will still be required to present a valid visa along with their passport, unless they are eligible under the visa waiver program, a US Green Card holder, or Citizen of Canada;

- Foreign nationals that have applied for permanent residency or a change of status may need to be approved for advance parole in order to be readmitted to the U.S. after traveling abroad;

- Canadians coming as a Treaty Trader, (E Visa) are required to have a visa to enter the U.S.;

- A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory;

- Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.

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

On 13 February 2008, a New York Times article reported that in an effort to reduce backlog, USCIS has eased requirements for the FBI check required of immigrants seeking to become permanent residents of the United States. Immigration officers will now be able to approve applications that have been filed for six (6) months and the only remaining step is the FBI name check. While 99% of applications are cleared within six (6) months, the new policy is intended to speed the processing of thousands of applicants with no criminal record who have been waiting for years to receive their green card because their name matched the FBI records, which include a range of names, including people involved in a criminal investigation, even if they had no role in the crime. FBI agents then must conduct a manual search of the name. Applicants will still be subject to an FBI criminal fingerprint check and a search in a federal criminal and anti-terrorist database known as Interagency Border Inspection Services before a decision is made. USCIS stated that "in the unlikely event' that the F.B.I. name check turns up negative information about an immigrant after a residence visa has been granted, the authorities can cancel the visa and begin deportation proceedings."

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

On 8 February 2008, the American Embassy in London posted new requirements, effective immediately, for E2 Visa Applications submitted to the Embassy. The requirements are now much more specific as to the documents which should be included in the Application. The new requirements include significant changes; some changes include requiring the Business Plan for the proposed investment to project figures for five (5) years, as opposed to three (3), and requiring color copies of every entry/exit stamp in the Applicant's passport. The Embassy additionally announced new, separate requirements for E2 Visa Renewals. The US Embassy now proposes that E2 Applications will be processed within 60 days, as opposed to the current 4-6 months, although this has yet to be seen.

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

The US Department of State published in the Federal Register a final rule revising the photo requirements for Diversity Immigrant Visa applications to require that photos be in color. The rule is effective 11 February 2008. (See 73 FR 7670)

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

On 8 February 2008, Immigration and Customs Enforcement (ICE) announced the arrest of 57 foreign nationals during a worksite enforcement operation at Universal Industrial Sales, Inc. in Lindon, Utah on 7 February 2008.

On 8 February 2008, ICE announced the arrest of 130 foreign nationals during a worksite enforcement operation at Micro Solutions Enterprises in Van Nuys, California on 7 February 2008.

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

In Matter of Texas Storm of Houston, BALCA upheld the denial of a PERM application because the employer filed the ETA 9089 less than 30 days after the conclusion of the SWA job order. (See 2007-PER-00089, 12/18/07).

In Matter of Constructions Pros Corp., BALCA upheld the denial of a PERM application, finding that the employer's filing of the labor certification application less than 30 days after the end of the job order was not a harmless clerical error, but a substantive violation. (See 2007-PER-00077, 12/18/07)

In Matter of Oyassan, BALCA found that the employer filed the PERM application too early, believing that an application could be filed 30 days after the SWA job order started, rather than 30 days after it ended. (See 2007-PER-00069, 12/18/07)

In Matter of Syncsort Lnc., BALCA affirmed the denial of a PERM application filed less than 30 days after the end of the SWA job order. Although the job order had not produced any new US applicants at the end of the 30 day period, BALCA noted that the requirement is not a mere formality. (See 2007-PER-00067, 12/18/2007)

In Matter of Best Manufactures, Inc., BALCA upheld the denial of a PERM application for the employer's failure to complete H-6A on the number of months of experience that were required. (See 2007-PER-00080, 12/19/07).

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

On 8 February 2008, multiple news agencies reported that Amy Winehouse, a British award-winning retro-soul singer, would not perform at the Grammy Awards in Los Angeles because her visa was denied by the US Embassy in London. However, late afternoon on 8 February 2008, it was announced that the US Embassy in London had reversed its decision and granted a visa to Ms. Winehouse. The US Embassy in London did not comment on the reason for the reversal of decision and Amy Winehouse's publicist simply thanked the staff at the US Embassy for their hard work. In the end, Ms. Winehouse was not able to travel to the Grammy's due to logistical constraints, but instead performed via satellite from London.

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

On 7 February 2008, multiple news agencies reported that Amy Winehouse, a British award-winning retro-soul singer, will not perform at the Grammy Awards in Los Angeles because her visa was denied by the US Embassy in London. Ms. Winehouse's publicist did not give the reason for the denial, and the US Department of State and Embassy in London have refused to comment. Speculation as to the reason for Ms. Winehouse's denial revolves around Ms. Winehouse's arrest in Norway in October 2007 for possession of marijuana, her current treatment for substance abuse, and a video, which was recently published showing Ms. Winehouse smoking an unknown substance from a glass pipe.

In October 2007, Amy Winehouse was arrested with her husband, Blake Fielder-Civil for possession of 7 grams of marijuana in Bergen, Norway. They were required to spend the night in custody and each paid a €500 fine. While payment of the fine settled the matter in Norway, it was also the considered the equivalent of a guilty plea.

Ms. Winehouse's husband is currently in custody in the United Kingdom awaiting trial on charges of attacking a pub landlord and later conspiring with the landlord to have him withdraw as a witness at the trial. On 18 December 2007, Ms. Winehouse was also arrested, questioned, and then released in connection with this matter.

There has been continued speculation regarding Ms. Winehouse's trouble with drugs. During the past year, she has cancelled several performances and has appeared in public and for performances looking troubled. She is currently in a drug rehabilitation center, which she entered on 24 January 2008.

Ms. Winehouse's entry into drug rehabilitation came just after a video was released on 22 January 2008 that allegedly shows Ms. Winehouse inhaling fumes from a crack pipe after a 19-minute drugs binge in which she snorted ecstasy and cocaine and admitted to downing six Valium. The video is said to have been filmed at a party at Ms. Winehouse's London home on 18 January 2008, just hours before she attended a remand hearing for her husband. Scotland Yard has begun an investigation into the video and has reportedly questioned Ms. Winehouse in the matter.

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

In Perez v. Mukasey (22 January 2008), the Court of Appeals for the Ninth Circuit held that a conviction for fourth degree assault in violation of Washington Rev. Code sec. 9A.36.041 is not categorically an aggravated felony "crime of violence" under Immigration and Nationality Act sec. 101(a)(43)(F).

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

In Hernandez v. U.S. Attorney General (18 January 2008), the Court of Appeals for the Eleventh Circuit held that a conviction for simple battery in violation of Georgia Code Ann. sec. 6-5-23(a)(2), which criminalizes the act of intentionally causing physical harm to another, is an aggravated felony "crime of violence" under Immigration and Nationality Act sec. 101(a)(43)(F).

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

In Cerezo v. Mikasey (14 January 2008), the Court of Appeals for the Ninth Circuit held that a conviction for violating of California Vehicle Code sec. 20001(a), leaving the scene of an accident resulting in bodily injury or death, is not categorically a crime involving moral turpitude.

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

The US Department of State has issued a notice in the 5 February 2008 Federal Register that it has received an application for a Presidential Permit to authorize the construction of a new border crossing facility on the U.S.-Canada border at Buffalo, NY and Fort Erie, Ontario. (See 73 FR 6766)

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

The US Department of Labor has released in the Federal Register a draft proposed rule to re-engineer the temporary labor certification application process for H-2A Visas. Comments are due 45 days after the date of publication in the Federal Register.

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

USCIS has changed some dates in the Nebraska Service Center processing time report for 15 January 2008. Most significant is the apparent retrograding of I-140 petitions.

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

USCIS announced that the Milwaukee Field Office is closed on 6 February 2008 due to severe weather conditions.

USCIS announced that the Omaha Field Office closed on 5 February 2008 due to severe weather conditions.

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

USCIS has updated the information on its website regarding the window for filing renewal EAD applications prior to the expiration of the original EAD.

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

In the 2 February 2008 edition of the Federal Register, US Customs and Border Protection published a revised information collection on the I-94 and I-94W. Comments are due by 5 March 2008 (See 73 FR 6522)

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

On 4 February 2008, USCIS announced that President Bush requested a $2.7 Billion budget for USCIS in FY2009. Of this, "[o]ver $2.5 billion of the agency's budget will be funded through fees and includes resources necessary to ensure the security and integrity of the immigration system; improve service delivery, and modernize business infrastructure." The budget should also serve to increase the number and training of USCIS personnel, along with providing $100 million for the E-verify program. USCIS provides the following budget at-a-glance:

1. Immigration Examinations Fee Account ($2.495 billion and 10,234 federal employees);
2. Fraud Prevention and Detection Account ($31 million and 124 federal employees);
3. Salaries and Expenses Account ($150.5 million and 262 federal employees);
4. H1-B Nonimmigrant Petitioner Account ($13 million)

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

Two immigrants to the United States have settled their claims against the US government that they were injected with drugs against their will during their deportation. As part of the settlement, Amadou Diouf, an immigrant from Senegal, will receive $50,000; and Raymond Soeoth, a Christian minister from Indonesia will receive $5,000 and will be allowed to stay in the United States for at least two more years. Diouf, who spent nearly two years in detention for overstaying his student visa, states that his claims arose from when he was put on a plane for deportation in February 2007 despite the federal stay of deportation that he had received. Officials ignored his stay and when Diouf would not follow their orders, they wrestled him to the ground and injected him with drugs to sedate him, including the drug Haldol, which is used to treat mental illnesses. Diouf does not suffer from a mental illness. The settlement is not an admission of wrongdoing or liability by the government. However, ICE recently changed its policy and now must seek a court order for authority to administer drugs to people being deported.

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

USCIS published a Federal Register notice on 1 February 2008 that "The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request review and clearance in accordance with the Paperwork Reduction Act of 1995." The purpose of the notice is to announce a 60-day public comment period on the proposed rule. Comments will now be accepted until 1 April 2008 and are encouraged by USCIS.

USCIS provided the following overview of information collection:
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: National Interest Waivers;
Supplemental Evidence to I-140 and I-485.
(3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: No Agency Form Number; File No. OMB-22. U.S. Citizenship and Immigration Services.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or Households. The supplemental documentation will be used by the U.S. Citizenship and Immigration Services to determine eligibility for national interest waiver requests and to finalize the request for adjustment to lawful permanent resident status.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 8,000 responses, two responses per respondent, at one (1) hour per response.
An estimate of the total public burden (in hours) associated with the collection: 16,000 annual burden hours.

USCIS asks that when submitting comments, comments address one of the following points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Submitted comments should be directed to the Department of
Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, 3rd floor, Suite 3008. Washington, DC 20529. Comments may also be submitted to DHS by fax to 202-272-8352 or via e-mail at rfs.regs@dhs.gov. Emails should include the USCIS file number (OMB-22) in the subject line.

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

On 1 February 2008, USCIS posted "Helpful Hints for H-1B Filings" on its website in anticipation of mass filings on 1 April 2008.

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

On 1 February 2008, US the Department of Homeland Security announced that it has begun collecting 10 fingerprints from international visitors arriving at Hartsfield-Jackson Atlanta International Airport, George Bush Houston Intercontinental Airport, and Chicago O'Hare International Airport.

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

On 31 January 2008, Secretary Chertoff of the US Department of Homeland Security announced an increase in requested funding for border security and immigration enforcement efforts in FY 2009.

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

Multinational companies that face the need to transfer key personnel to the United States can take advantage of certain temporary and permanent visa categories to accomplish their aims. These include the L-1A and L-1B visa categories, which permit multinationals to export executives and professional managers, as well as "specialized knowledge" personnel for temporary assignments. An added bonus is that the relevant law considers executives and professional managers to be priority workers. This priority exempts workers in this category from the labor certification requirement for the purposes of securing permanent status.

Please contact Ortega-Medina & Associates for more information. http://www.ortega-medina.com.