U.S. Citizenship and Immigration
Your Complete Guide
~ Updates and Errata ~
December 1998
page 129: New Fees for H-1B's
Beginning
December 1, 1998, the filing fee for most H-1B petitions must include a
$500 check or money order from the employer. This is in addition to the
current $110 filing fee. The USCIS wants a single check for $610. Neither
the alien nor the attorney for the parties may sign the check. Exempt from
the fee requirement are institutions of higher education, nonprofit
instructions affiliated with institutions of higher learning and nonprofit
or governmental research institutions. Employers seeking an exemption of
the $500 additional fee must file a new USCIS form, I-129W
The new fee requirement applies to new petitions, the employee's first application for extension of stay and applications for change of employment for H-1B workers.
The new law prohibits employers from requiring reimbursement of the
$500 fee from the H-1B applicant.
USCIS Questions and Answers on NACARA
Here's
the latest from the USCIS on processing permanent residence applications for
Guatemalans, Salvadorans and nationals of the former Soviet bloc under the
NACARA law.
QUESTIONS AND ANSWERS
November 24, 1998
Section 203 of the Nicaraguan Adjustment And Central American Relief
Act of 1997
USCIS Seeks Comment on Proposed Rule For
Guatemalans, Salvadorans, Former Soviet Bloc Nationals And Their Qualified
Family Members
The Nicaraguan Adjustment and Central American Relief Act (NACARA) was signed into law on November 19, 1997. Section 203 of the law provides that certain Guatemalans, Salvadorans and nationals of former Soviet bloc countries are eligible to apply for suspension of deportation or special rule cancellation of removal under standards similar to those that existed for suspension of deportation prior to enactment of the September 1996 immigration law. The proposed rule published in the Federal Register November 24, 1998, seeks public comment on the procedures that eligible section 203 beneficiaries should follow in applying. The 60-day public comment period ends January 25, 1999.
Q. Why is the Department of Justice (DOJ) publishing a proposed
rule, instead of an interim or final rule, and why has it taken so long to
reach this point for section 203 beneficiaries?
A. DOJ began
working on the proposed rule as soon as the legislation became law, but
the development of a completely new program such as this takes time.
Generally, whenever a new program is implemented, a proposed rule is
published first to give the public an opportunity to comment before the
program goes into effect. The proposed rule for Section 203 of NACARA
marks the first time that USCIS asylum officers have been authorized to
adjudicate suspension of deportation or special rule cancellation of
removal-forms of relief previously granted only by immigration judges-at
the same time as they consider claims of asylum. DOJ also believed it
prudent to seek public comment before finalizing and implementing new
procedures that are expected to affect a considerable number of eligible
beneficiaries.
Q. What are suspension of deportation and cancellation of
removal?
A. Suspension of deportation and cancellation of
removal are forms of discretionary relief from deportation or removal for
individuals who are subject to deportation or removal. Individuals granted
suspension of deportation or cancellation of removal under NACARA will
have their status adjusted to that of a lawful permanent resident.
Q. What is the difference between suspension of deportation and
special rule cancellation of removal?
A. Suspension of
deportation is available only to people who are deportable from the United
States and who were placed in immigration proceedings prior to April, 1,
1997. Special rule cancellation of removal is available to people who are
inadmissible or removable and who were placed in immigration proceedings
on or after April 1, 1997. Once implementing regulations are in effect,
special rule cancellation of removal may also be available to people who
have not been placed in removal proceedings and are eligible to apply for
the benefit with the USCIS Asylum Program. The basic eligibility
requirements for suspension of deportation and special rule cancellation
of removal are very similar.
Q. Who can apply for benefits under the suspension/special rule
cancellation provisions in NACARA?
A. Individuals may apply for
benefits under NACARA if they are in any of the four categories described
below, have not been convicted of an aggravated felony, and meet the
additional requirements listed.
Salvadoran nationals who filed applications for asylum with the USCIS on or before April 1, 1990, OR who meet each of the following requirements:
- First entered the United States on or before September 19, 1990;
- Registered for benefits under the American Baptist Churches vs. Thornburgh (ABC) settlement agreement on or before October 31, 1991, (either by submitting an ABC registration form or by applying for Temporary Protected Status); AND
- Have not been apprehended at the time of entry after December 19, 1990.
Guatemalan nationals who filed applications for asylum with the USCIS on or before April 1, 1990, OR who meet each of the following requirements:
- First entered the United States on or before October 1, 1990;
- Registered for benefits under ABC on or before December 31, 1991; AND
- Have not been apprehended at the time of entry after December 19, 1990.
Individuals who at the time they filed an asylum application as noted below were nationals of the Soviet Union, Russia, any republic of the former Soviet Union, Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Yugoslavia, or any state of the former Yugoslavia, and
- Entered the United States on or before December 31, 1990; AND
- Filed an application for asylum on or before December 31, 1991.
Individuals who are the spouse, child or unmarried son or daughter of a person described in the above categories and who also meet the following requirements:
- The spouse or parent described in categories 1,2, or 3 above has been granted suspension of deportation or cancellation of removal;
- The relationship to that spouse or parent existed when the spouse or parent was granted the benefit; AND
- Unmarried sons or daughters who were 21 years of age or older at the time their parent was granted the benefit must have entered the United States on or before October 1, 1990.
Q. What additional requirements are needed to be granted suspension of deportation or special rule cancellation of removal? A. Individuals who are inadmissible or deportable from the United States may qualify for special rule cancellation of removal (inadmissible or deportable) or suspension of deportation (only deportable) if:
- They have been in the United States for seven years;
- They are found to have had good moral character during those seven years;
- Return to their country would result in extreme hardship to them or their spouse, child or parent who is a U.S. citizen or lawful permanent resident; and
- They merit a favorable exercise of discretion.
Different requirements may apply to individuals convicted of certain crimes. However, these provisions will not apply to individuals convicted of an aggravated felony.