On 27 March 2008, the Washington Post reported that USCIS announced that that it will temporarily stop denying green cards to refugees and other legal immigrants tied to groups that sought to topple foreign dictatorships, placing their cases on hold while it decides on a more "logical, common-sense" rule.  This decision may affect thousands of pending applications, and will also prompt review of all denials since December 2007.  The effected applicants were admitted to the Untied States under refugee or asylum provisions, but were denied green cards based on links to "undesignated terrorist organizations" because they took armed action against a foreign government.  However, the laws defining terrorist activity are very broad and include people who worked in alliance with the United States, such as Iraqis who fought against Saddam Hussein.

 

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On 21 March 2008, USCIS issued a reminder of its 19 February 2008 announcement 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.

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On 19 March 2008, an Opinion piece was printed in the New York Times that criticized the handling of applications and rise in fee by USCIS in Summer 2008. The article stated that: "The disaster erupted when the agency jacked up the price of its services by an average of 66 percent, a nasty bite for the immigrant families whose fees provide nearly all the money that keeps the rickety system going. Mr. Gonzalez justified the increases by promising that they would lead to better service and shorter waits. The agency expected that the new fees would spur only a negligible increase in citizenship applications. But applications spiked 350 percent last June and July over the same period in 2006. More than three million applications of all types flooded in last summer. The five-month wait for citizenship that Mr. Gonzalez promised is now 14 months to 16 months. Many immigrants who had dearly hoped to vote in 2008 will have to sit the election out.

Those who know the citizenship system say it's dumbfounding that Mr. Gonzalez did not foresee the surge, not only because the fees went way up, but also because 2008 is a presidential election year ? always a time when would-be citizens hurry to get their papers in."

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Multiple news agencies, including CNN.com and the New York Times, announced on 21 March 2008, that an US Immigration Agent had been arrested on felony charges for allegedly soliciting sex from an applicant for Permanent Residency. The Agent used the Applicant's cell phone number to contact her. He stated that he needed to discuss matters in her case with her, but when she agreed to meet him he instead solicited sex from her with the promise of her green card. The Applicant recorded the Agent's solicitations with her cell phone and turned them into the New York Times when she could not find a method for confidential complaints with USCIS. As of 21 March 2008, USCIS had 165 open investigations into employee misconduct.

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On 20 March 2008, USCIS Director Emilio Gonzalez issued a statement in the Department of Homeland Security Leadership Journal regarding the New York Times Opinion piece "Citizenship, Thwarted." Director Gonzalez stated that: "I feel compelled to set the record straight for 17,000 employees who work late nights and weekends to welcome lawful immigrants into our society. I will not stand idly by as the New York Times insults the dedicated and professional services they provide." According to Director Gonzalez, "USCIS received more than 600,000 applications for citizenship in June and July of 2007 - a 350 percent increase from the same time the year before." All applications received during June and July 2007 have been opened, issued receipt notices, and entered into the processing queue. Director Gonzalez also emphasized the increased efforts by USCIS to process the Applications and stated that nearly 750,000 applications have already been processed in record time.

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On 19 March 2008, USCIS announced that it had submitted an interim final rule to the Federal Register, effective upon publication, that prohibits employers from filing multiple H-1B petitions for the same employee to ensure an equal chance for employers under the H-1B numerical limits. USCIS stated that "[t]o ensure a fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions." Related employers (such as a parent company and its subsidiary) are not precluded by this rule from filing petitions on behalf of the same worker for different positions based on a legitimate business need.

The rule also makes clear that USCIS will deny petitions that incorrectly claim an exemption from any H-1B numerical limits and will not return the filing fee. For fiscal year 2009, the limit for most H-1B workers is set by Congress at 65,000, although the first 20,000 H-1B workers with a U.S. master's degree or higher are exempt from the cap. If the 20,000 advanced degree limit is reached during the first five business days after 1 April, USCIS will randomly select from those petitions ahead of conducting the random selection for the 65,000 limit.

On 12 March 2008, the US Department of Homeland Security announced that Secretary Chertoff signed a Visa Waiver Program Memoranda of Understanding ("MOU") with ministers from Estonia and Latvia.

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A press release from the Attorney General's Office in Tennessee announced that the Attorney General has filed a civil enforcement action against a tax professional service company and an office professional service company for unauthorized practice of law, including immigration document preparation.

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In Matter of Cabrera, 24 I Dec. 459 (BIA 2008) the Board of Immigration Appeals found that imposition of costs and surcharges in the criminal sentencing context constitutes a form of "punishment" or "penalty" for purposes of establishing that an alien has suffered a "conviction" within the meaning of INA section 101(a)(48)(A).

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On 5 March 2008, the Department of Labor published a notice announcing the decision to centralize the processing of permanent labor certification applications at the Atlanta NPC. The notice is effective 1 June 2008. (See 73 FR 11954)

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On 5 March 2008, USCIS issued new instructions, effective immediately, for Form I-131, Application for Travel Document. The new instructions for Form I-131 require applicants for re-entry permits and refugee travel documents, aged 14 through 79, to provide biometrics before departing from the United States. Shortly after an applicant has filed a Form I-131, USCIS will notify the applicant of their appointment time at an USCIS Application Support Center to provide biometrics. Thus, USCIS encourages Travel Document applicants to apply well in advance of their scheduled travel date. Applicants may request an expedited appointment by following USCIS instructions; however, the applicant will need to provide the reason for needing an expedited appointment. Applicants will also be required to pay a $80 USD biometrics service fee, or submit a fee waiver request.

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