USCIS Increases Period of Stay for TN Professional Workers

The United States Citizenship and Immigration Services (USCIS) announced on Tuesday, October 14 that it has increased the maximum period of time a NAFTA TN professional worker may remain in the United States before applying for readmission or an extension of stay. The new rule increases the initial period of stay from one year to three years. Extensions of TN status may be granted in increments of three years, up from the previous period of one year. Spouses and minor children of TN nonimmigrants will also benefit from the new rule, which increases the initial periods of TD dependent admission and subsequent extensions to three years.

How This Affects You

The new rule will significantly decrease the administrative and financial burden on TN workers and their employers by increasing the amount of time a TN worker will be able to remain in the United States before having to apply for an extension. The rule will be effective as of publication in the Federal Register, which is planned for October 16, 2008.

Department of State Issues November 2008 Visa Bulletin – Slight Forward Movement for EB-2 and EB-3 Categories

The United States Department of State (DOS) has released its November 2008 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust status to permanent resident or obtain approval of an immigrant visa application at an American embassy or consulate abroad, provided their priority dates are before the cutoff dates specified by the DOS.

What Does the November 2008 Bulletin Say?

EB-1
All EB-1 Categories Are Current

For November 2008, all EB-1 categories are current.

EB-2
Priority Dates Current for Foreign Nationals in the EB-2 Category from All Countries Except China and India

For November 2008, there has been slight movement for Chinese and Indian nationals in the EB-2 category.

China: June 1, 2004 (forward movement of 2 months)
India: June 1, 2003 (forward movement of 2 months)

EB-3
Slight Forward Movement for All Countries in the EB-3 Category

For November 2008, the relevant priority date cutoffs for foreign nationals in the EB-3 category are as follows:

China: February 1, 2002 (forward movement of 4 months)
India: October 1, 2001 (forward movement of 3 months)
Mexico: September 1, 2002 (forward movement of 2 months)
Philippines: May 1, 2005 (forward movement of 4 months)
Rest of the World: May 1, 2005 (forward movement of 4 months)

How This Affects You

Priority date cutoffs are assessed on a monthly basis by the DOS based on anticipated demand. Cutoff dates can move forward or backward, or can remain static. Employers and employees should take account of the immigrant visa backlogs in their long-term planning and take measures to mitigate their effects. To see the November 2008 Visa Bulletin in its entirety, please visit the U.S. Department of State website at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

We will continue to monitor the process and will update you with any new information. If you have any questions about any of the issues raised in this Morgan Lewis Immigration Alert, please contact:

San Francisco
A. James Vázquez-Azpiri
415.442.1343
ajvazquez@morganlewis.com

Lance Nagel
415.442.1345
lnagel@morganlewis.com

Washington, D.C.
Eleanor Pelta
202.739.5050
epelta@morganlewis.com

Eric S. Bord
202.739.6040
ebord@morganlewis.com

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