DOL implements PERM labor certification program

News Release from Jewell & Associates - March 28, 2005 Labor certification applications filed on and after March 28, 2005 will be filed under the U.S. Department of Labor’s PERM program, a complete revamping of the prior regulations governing LC applications throughout the last twenty-eight years.

A "labor certification" is certification by the United States Department of Labor (DOL) that there is a shortage of qualified U.S. workers for a particular job. Usually, the labor certification is the first step in the process of obtaining permanent residence based on employment.  Under the new PERM regulations, labor certification applications require recruitment in the 180-day period prior to filing. A labor certification application cannot be filed if the recruitment yields qualified, available U.S. workers to whom the employer does not extend job offers. For professional positions (normally, those requiring a Bachelor's or higher degree), the recruitment must include:

• Two Sunday newspaper ads in the daily newspaper of general circulation;
• One 30-day job order placed with the State Workforce Agency;
• One internal posting at the place of employment for two weeks (ten business days);
• Notice in any in-house media in which job openings are customarily announced;
• Notice of the job opening to all potentially qualified workers laid off by the employer in the previous six months; and
• At least three of the following ten other forms of recruitment:

1. 1. The web site of the employer
   2. An Internet jobs site (may be one affiliated with the newspaper in which the print ads run)
   3. Employee referral program with documentable incentives
   4. Recruitment through a trade or professional association print journal or newsletter
   5. Use of a contract recruiting agency
   6. Participation in an on-campus recruiting event (generally for jobs requiring a degree but no experience)
   7. Notice at a campus placement office (generally for jobs requiring a degree but no experience)
   8. Participation in a job fair
   9. A print ad in a local or ethnic newspaper (if appropriate to the occupation)
   10. A radio or television ad

Under PERM, labor certification applications are processed electronically, based on an attestation form (Form ETA 9089) that may be filed electronically or by mail. In either case, no supporting documentation is filed with Form ETA 9089, but supporting documentation must be maintained for five years and made available to DOL in the event of an audit.

PERM provides no mandatory processing times for labor certification applications. In processing an application, DOL will review the application form, and either initiate an audit or adjudicate the application without an audit. Once a PERM labor certification application is granted, the rest of the immigration process -- specifically, the employer's I-140 immigrant petition and the employee's application for adjustment of status or consular processing -- will proceed under Department of Homeland Security and Department of State rules.

© Jewell & Associates 2005

H-1B and L-1 visa reforms passed by Congress

News Release from Jewell & Associates - November 22, 2004 On Sunday, November 21, 2004, Congress passed the Fiscal 2005 Omnibus Appropriations Bill (H.R. 4818), which contains significant amendments to the H and L visa categories.  The bill will be presented to the President for signature shortly.  Upon signing by the President, the bill will have been enacted into law.  Some of the bill’s key immigration provisions include:

20,000 new H-1Bs: The new law will exempt from the annual H-1B cap 20,000 H-1Bs with advanced degrees from U.S. universities. This provision will go into effect 90 days from the date of enactment.

Increase in H-1B filing fees: Effective immediately upon enactment, the new law will restore the supplemental H-1B filing fee known as the “ACWIA fee,” and increase it to $1,500 per petition. Employers with no more than 25 full-time employees in the U.S. will be assessed only half of the full fee, however. In addition, each petition for an initial H-1B will carry a $500 supplemental fee that will go into a government account to be used for fraud-detection.

Change in calculation of the prevailing wage: The new law will eliminate the “95% rule” and instead require H-1B employers to pay at least 100% of the local prevailing wage for the occupation in question. However, the law will also require governmental surveys made available to employers for purposes of determining the prevailing wage to provide four levels of wages commensurate with experience, education, and the level of supervision. If a two-level wage survey is used (such as the widely used OES Survey, which provides only an “entry level” and an “experience” wage), the law will provide a formula for calculating the two additional intermediate levels. These provisions will go into effect 90 days from the date of enactment.

Restoration of requirements for “H-1B-dependent” employers: The new law will restore the requirement that employers who meet the definition of “H-1B dependent” or of “willful violators” make a non-displacement attestation (an attestation that U.S. workers have not been displaced) in connection with any H-1B filings. This provisions will go into effect 90 days from the date of enactment.

Limits on placement of L-1Bs at client sites: The new law will prohibit L-1Bs from being principally stationed at the worksite of an unaffiliated employer if L-1B employee will be controlled and supervised by the unaffiliated employer, or if placement of the L-1B employee at the third-party site is part of an outsourcing arrangement instead of in connection with the provision of a product or service involving specialized knowledge specific to the L-1B employer. This provision will apply to initial, extended or amended L-1B petitions filed 180 days from the date of enactment.

Restores 12-month service requirement to blanket L-1s: The new law replaces the requirement that beneficiaries of “blanket” L-1 petitions have only six months of service to the employer abroad with a twelve-month requirement. The twelve-month rule will apply only to requests for initial L-1 classification filed on or after the 180^th day from the date of enactment.

© Jewell & Associates 2004

H-1B Cap for FY2005 nearly reached

News Release from Jewell & Associates - August 20, 2004 Government authorities confirmed a rumor today that approximately 40,000 H-1B petitions that count against the 65,000 cap on new H-1B approvals for FY 2005 (10/1/2004 through 9/30/2005) either have been approved or are in the queue for adjudication.  The 65,000 cap includes a number of H-1Bs reserved for citizens of Chile and Singapore under the recent Free Trade Agreement with those countries.  Allowing for the Chile/Singapore set-aside, it is probable that new, cap-subject H-1B petitions filed with USCIS (the former INS) after September 2004 will not be accorded approval under the FY 2005 cap.  H-1Bs under the FY 2006 cap will not be effective until October 1, 2005.

It is important to note that only “new” H-1B petitions are subject to the annual cap. Petitions to amend or extend an existing H-1B or to change H-1B employers are not subject to the cap. Employers planning to file “new” H-1B petitions should consult with their immigration counsel as soon as possible on the appropriate strategy for such cases.

© Jewell & Associates 2004

Labor certifications under DOL’s proposed PERM program

News Release from Jewell & Associates - June 10, 2004

We reported last year on PERM (Program Electronic Review Management), a proposed federal regulation that would replace the current Department of Labor (DOL) labor certification regulations that govern the way employers sponsor employees for U.S. permanent residence (a “green card”).  The PERM proposal would replace current DOL regulations, with an automated processing system.  DOL published the proposed PERM rule in the Federal Register on May 6, 2002 and accepted comments until July 5, 2002.  DOL sent a final rule to the federal Office of Management and Budget (OMB) on February 23, 2004 for review that was expected to take 90 days, i.e., until late May 2004.  Although a final rule has not yet been published, DOL has begun recruiting for PERM-related government positions and has solicited bids for the technology that must be in place to process PERM applications.  For these reasons, we believe a final rule is imminent.  DOL has stated that there will be a 120-day period between the publication of a final rule and its effective date.  Therefore, if (hypothetically) a final rule were published in June 2004, labor certification applications filed under PERM could be filed as early as October 2004.

Summary of the existing system: “Slow track” and “fast track” labor certification applications (valid to approximately late 2004, when PERM is expected to replace current processes)

Permanent residence (the “green card”) based on employment normally requires a recruitment exercise to establish the unavailability of qualified U.S. workers.  Exceptions exist for multinational executives/managers, outstanding professors and researchers, and individuals of extraordinary ability.

Currently, and until approximately late 2004 when the U.S. Department of Labor (DOL) is expected to implement its PERM program, the federal regulations provide two ways to apply for a labor certification, i.e., certification by DOL that the employer has recruited and has not found qualified, available U.S. workers:

1. Fast track / reduction-in-recruitment / RIR method:  The employer advertises in print media and other media over the course of several months, then files the application with a request that government-supervised recruitment be waived.  A final decision from DOL currently takes about two years from the time of filing, though some regional variations in timing exist.
2. Slow track / non-reduction-in-recruitment / non-RIR method:  The employer files a “bare bones” application with no evidence of recruitment, and states that it will comply with government-supervised recruitment.  The government-supervised recruitment will take place at least a year later (though some regional variations in timing exist), and will consist of a three-day newspaper ad or a single ad in a professional journal, plus internal posting.  Provided that the recruitment yields no qualified, available U.S. workers, a labor certification should be issued, but such approval may be four or more years from the time of filing (again, regional variations exist).

Summary of the proposed PERM system (expected to replace the current labor certification system in late 2004)

The summary below is based on the proposed PERM rule.  The final rule on PERM may be different from the proposed rule.

The biggest changes embodied in the PERM proposal are:

1. The employer will lose some flexibility in describing job requirements and evaluating applicants:  Generally speaking, job requirements must be stated in terms of degree and experience only.  Listing of alternate ways of satisfying requirements will not be permitted.  Requiring special skills, beyond the degree and experience requirements, will not be allowed unless the skills are “normal” to the occupation and the employer has recently employed a U.S. worker with the same skills in the same occupation. Any extra requirements may not be allowed, though it is expected that DOL in its final PERM rule will provide for employer’s to justify such requirements based on business necessity.  U.S. workers who do not meet the requirements but who could be trained in a “reasonable period of on-the-job training” must be considered qualified.
2. The employer will always recruit in advance of filing:  The proposed regulation sets forth the types of recruitment that must be done, depending on the type of position.  For most professional jobs, the recruitment will involve a combination of print advertising, three additional forms of recruitment (e.g., Internet site, on-campus recruiting, job fairs, headhunters) and, if the employer has had lay-offs in the preceding six months, notification to laid-off workers.
3. The employer will not submit recruitment documentation with the application:  The application will consist principally of a DOL form on which the employer attests to having complied with all of the recruitment requirements and to not having located a qualified, available, U.S. worker.
4. The application will be processed electronically by an automated system and may result in a labor certification in as few as 21 days:   Unless an application is flagged for an audit, the processing will be entirely electronic, without human intervention.  The automated system will read the application forms and will detect responses that would flag a case for an audit.  In addition, any case may be subject to random auditing. If a filing is not flagged for an audit, the labor certification may be granted in as few as 21 days.
5. DOL may audit the employer’s recruitment documentation before rendering a decision on the application:  If a case is flagged for an audit, the employer will be given 21 days within which to produce documentation that its attestations regarding the recruitment were truthful.  Depending on what the employer provides, DOL will approve the labor certification, deny the labor certification, or order government-supervised recruitment.
6. Labor certifications may be revoked for cause within a year of issuance:  Even after a labor certification is issued, the proposed regulation would allow DOL to revoke its approval within a year, provided the employee has not yet obtained permanent residence in the U.S. or received a U.S. immigrant visa from a consulate abroad.  The proposed rule is not specific about what would be just cause for such a revocation.

The following is a summary of the procedural steps that most successful labor certification cases will follow if the PERM proposal is adopted as-is:

• Step 1:  Submit prevailing wage request (Form ETA 9088) to the State Workforce Agency and obtain a prevailing wage determination.
• Step 2:  Post internal notice of labor certification via all in-house media, including electronic media.
• Step 3:  Undertake recruitment program consisting of: (a) placing a job order with the State Workforce Agency; (b) print advertising, e.g., depending on the occupation, two Sunday newspaper ads or one national journal ad; (c) three additional forms of recruitment from among a list of acceptable forms (the list includes Internet job sites, the employer’s own web site, on-campus recruiting, job fairs, and headhunters); and (d) notice to potentially qualified workers whom the employer laid off in the preceding six months.
• Step 4:  Submit to DOL the labor certification application (Form ETA 9089), on which the employer has checked responses attesting to its recruitment efforts.
• Step 5:  Either automatically, or after a DOL audit, receive approved labor certification and proceed with the rest of the employee’s immigration process (I-140 immigrant petition; then, final application for permanent residence through I-485 adjustment-of-status or through consular processing).

© Jewell & Associates 2004

USCIS Releases H-1B Cap usage for the first quarter of FY04

News Release from Jewell & Associates - January 22, 2004

In a brief statement issued January 21, 2004, U.S. Citizenship and Immigration Services (USCIS) announced that, based upon tabulations for the first quarter of fiscal year 2004 (October 1, 2004 through December 31, 2004), 43,500 H-1B cases that could count against the 65,000 cap on new H-1B approvals for FY 2004 either have been approved or are in the queue for adjudication.  Based on these numbers, we believe that the annual limit on new H-1B approvals may be reached with petitions filed only through mid-February 2004, and that later-filed petitions may be rejected.  The new fiscal year, which will bring another allotment of 65,000 new H-1Bs, will not begin until October 1, 2004.  During the interval between the exhaustion of the H-1B cap and October 1, 2004, new H-1Bs will not be approved.

It is important to note that only “new” H-1B petitions are subject to the annual cap.  H-1B petitions for an amendment, an extension-of-stay or a change-of-employer are not subject to the cap.  Employers planning to file “new” H-1B petitions should consult with their immigration counsel as soon as possible on the appropriate strategy for such cases.

© Jewell & Associates 2004

Department of Homeland Security suspends some, not all, NSEERS requirements

News Release from Jewell & Associates - December 4, 2003 In an interim rule effective December 2, 2003, the U.S. Department of Homeland Security (DHS) has suspended the 30-day and annual re-registration requirements of the National Security Entry-Exit Registration System (NSEERS).  It is important to note, however, that other NSEERS requirements remain intact.  Registered individuals still must notify the U.S. Department of Homeland Security of changes of address or employment and must comply with departure control requirements whenever leaving the United States.  Willful failure to comply with the special registration provisions or with any future call-in notice or additional registration requirements would make a subject foreign national removable from the United States.

As background, The National Security Entry-Exit Registration System (NSEERS) requires foreign national nonimmigrants (non-green card holders) who are either from certain countries or who fit certain profiles to register as they enter and depart the United States.  NSEERS also includes a "call-in" component under which the U.S. Department of Homeland Security has required certain nonimmigrants from specific countries to register at a local office.  NSEERS countries designated to date are: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.

For complete, up-to-date information on NSEERS requirements, see the web site of U.S. Immigration and Customs Enforcement (ICE) at http://www.ice.gov/graphics/enforce/imm/imm_sr.htm.

© Jewell & Associates 2003

The “PERM” program: DOL’s proposal for labor certifications

News Release from Jewell & Associates - May 21, 2003

PERM (Program Electronic Review Management) is a proposed federal regulation intended to replace the current Department of Labor (DOL) labor certification regulations that govern the way employers sponsor employees for U.S. permanent residence (a “green card”).  The PERM proposal would replace DOL regulations that have been in force for decades with an automated processing system.  DOL published the proposed PERM rule in the Federal Register on May 6, 2002 and accepted comments until July 5, 2002.  DOL is currently considering the comments and expects to publish a final rule in the September 2003.  The final rule would not be effective, however, until DOL’s electronic processing system is fully operational, which DOL expects will be no earlier than October 2003.

Summary of the existing system: “Slow track” and “fast track” labor certification applications (valid to approximately late 2003, when PERM is expected to replace current processes)

Permanent residence (the “green card”) based on employment normally requires a recruitment exercise to establish the unavailability of qualified U.S. workers.  Exceptions exist for multinational executives/managers, outstanding professors and researchers (an increasingly high standard to meet) and individuals of extraordinary ability (the highest standard in employment-based immigration law).

Currently, and until approximately late 2003 when the U.S. Department of Labor (DOL) is expected to implement its PERM program, the federal regulations provide two ways to apply for a labor certification, i.e., certification by DOL that the employer has recruited and has not found qualified, available U.S. workers:

1. Fast track / reduction-in-recruitment / RIR method:  The employer advertises in print media and other media over the course of several months, then files the application with a request that government-supervised recruitment be waived.  A final decision from DOL currently takes about two years from the time of filing, though some regional variations in timing exist.
2. Slow track / non-reduction-in-recruitment / non-RIR method:  The employer files a “bare bones” application with no evidence of recruitment, and states that it will comply with government-supervised recruitment.  The government-supervised recruitment will take place approximately a year later (though some regional variations in timing exist), and will consist of a three-day newspaper ad or a single ad in a professional journal, plus internal posting.  Provided that the recruitment yields no qualified, available U.S. workers, a labor certification should be issued about two years later, i.e., about three years from the time of filing (again, regional variations exist).

Summary of the proposed PERM system (expected to replace the current labor certification system in Fall 2003)

The summary below is based on the proposed PERM rule.  The final rule on PERM may be different from the proposed rule.

The biggest changes embodied in the PERM proposal are:

1. The employer will lose flexibility in describing job requirements and evaluating applicants:  Generally speaking, job requirements must be stated in terms of degree and experience only.  Listing of alternate ways of satisfying requirements will not be permitted.  Requiring special skills, beyond the degree and experience requirements, will not be allowed unless the skills are “normal” to the occupation and the employer has recently employed a U.S. worker with the same skills in the same occupation. Any extra requirements, even if they are a business necessity, will not be allowed.  U.S. workers who do not meet the requirements but who could be trained in a “reasonable period of on-the-job training” must be considered qualified.
2. The employer will always recruit in advance of filing:  The proposed regulation sets forth the types of recruitment that must be done, depending on the type of position.  For most professional jobs, the recruitment will involve a combination of print advertising, three additional forms of recruitment (e.g., Internet site, on-campus recruiting, job fairs, headhunters) and, if the employer has had lay-offs in the preceding six months, notification to laid-off workers.
3. The employer will not submit recruitment documentation with the application:  The application will consist principally of a DOL form on which the employer attests to having complied with all of the recruitment requirements and to not having located a qualified, available, U.S. worker.
4. The application will be processed electronically by an automated system and may result in a labor certification in as few as 21 days:   Unless an application is flagged for an audit, the processing will be entirely electronic, without human intervention.  The automated system will read the application forms and will detect responses that would flag a case for an audit.  In addition, any case may be subject to random auditing. If a filing is not flagged for an audit, the labor certification may be granted in as few as 21 days.
5. DOL may audit the employer’s recruitment documentation before rendering a decision on the application:  If a case is flagged for an audit, the employer will be given 21 days within which to produce documentation that its attestations regarding the recruitment were truthful.  Depending on what the employer provides, DOL will approve the labor certification, deny the labor certification, or order government-supervised recruitment.
6. Labor certifications may be revoked for cause within a year of issuance:  Even after a labor certification is issued, the proposed regulation would allow DOL to revoke its approval within a year, provided the employee has not yet obtained permanent residence in the U.S. or received a U.S. immigrant visa from a consulate abroad.  The proposed rule is not specific about what would be just cause for such a revocation.

The following is a summary of the procedural steps that most successful labor certification cases will follow if the PERM proposal is adopted as-is:

• Step 1:  Submit prevailing wage request (Form ETA 9088) to the State Workforce Agency and obtain a prevailing wage determination.
• Step 2:  Post internal notice of labor certification via all in-house media, including electronic media.
• Step 3:  Undertake recruitment program consisting of: (a) placing a job order with the State Workforce Agency; (b) print advertising, e.g., depending on the occupation, two Sunday newspaper ads or one national journal ad; (c) three additional forms of recruitment from among a list of acceptable forms (the list includes Internet job sites, the employer’s own web site, on-campus recruiting, job fairs, and headhunters); and (d) notice to potentially qualified workers whom the employer laid off in the preceding six months.
• Step 4:  Submit to DOL the labor certification application (Form ETA 9089), on which the employer has checked responses attesting to its recruitment efforts.
• Step 5:  Either automatically, or after a DOL audit, receive approved labor certification and proceed with the rest of the employee’s immigration process (I-140 immigrant petition; then, final application for permanent residence through I-485 adjustment-of-status or through consular processing).

© Jewell & Associates 2003

Special Registration (NSEERS) update

News Release from Jewell & Associates - January 24, 2003 We previously reported on the INS's newly implemented National Security Entry-Exit Registration System (NSEERS). This program requires foreign national nonimmigrants (non-green card holders) who either are from certain countries or who fit certain profiles to register as they enter and depart the United States. NSEERS also includes a "call-in" component under which the INS requires certain nonimmigrants from specific countries to register at a designated INS office.

It is very important that foreign workers and others who are required to register do so and contact an immigration lawyer prior to registering. Willful failure to register by the deadline can result in deportation and possible future inadmissibility to the United States.

REGISTRATION DEADLINES

To date, there have been four groups of countries designated for call-in registration for the NSEERS program, and each group has been assigned a deadline. However, due to early poor publicity and misunderstandings, individuals in the first two groups who failed to register by their deadline will have one final window of opportunity. Following is a summary of the groups and deadlines. Contact your immigration attorney for more detailed information about the registration deadlines, including the individuals required to register under each.

Group I: The December 16, 2002, deadline required male nationals and citizens of Iran, Iraq, Syria, Sudan and Libya to register if they were born on or before November 15, 1986, entered the United States on a nonimmigrant visa on or before September 10, 2002, and remained until at least December 16, 2002. Individuals who failed to meet this deadline have one final opportunity to register between Monday, January 27, 2003, and Friday, February 7, 2003.

Group II: The January 10, 2003, deadline required male nationals and citizens of Afghanistan, Oman, Algeria, Qatar, Bahrain, Somalia, Eritrea, Tunisia, Lebanon, United Arab Emirates, Morocco, Yemen, and North Korea to register if they were born on or before December 2, 1986, entered the United States on a nonimmigrant visa on or before September 30, 2002, and remained in the United States until at least January 10, 2003. Individuals who failed to meet this deadline have one final opportunity to register between Monday, January 27, 2003, and Friday, February 7, 2003.

Group III: The February 21, 2003, deadline requires male nationals and citizens of Pakistan and Saudi Arabia to register if they were born on or before January 13, 1987, entered the United States on a nonimmigrant visa on or before September 30, 2002, and will remain in the United States after February 21, 2003. Such individuals must register between Monday, January 13, 2003 and Friday, February 21, 2003.

Group IV: The March 28, 2003, deadline requires male nationals and citizens of Bangladesh, Egypt, Indonesia, Jordan, and Kuwait to register if they were born on or before February 24, 1987, entered the United States on a nonimmigrant visa on or before September 30, 2002, and will remain in the United States after March 28, 2003. Such individuals must register between Monday, February 24, 2003, and Friday, March 28, 2003.

It is important to be aware that additional restrictions apply for program participants who depart from the United States. Departures must be registered with the INS and can only be made from an official list of pre-approved airports and other ports. The INS web site (http://www.ins.usdoj.gov) provides a list of the approved exit points.

© Jewell & Associates 2003

State Department notice on visa delays at U.S. Consulates abroad

News Release from Jewell & Associates
The State Department recently posted a notice on its web site, warning applicants for nonimmigrant visas at U.S. consulates abroad to expect delays of six to eight weeks in the processing of their visa applications due to enhanced security procedures being implemented prior to the first anniversary of the September 11th terrorist attacks.  The notice appears to apply to all nonimmigrant travelers; it does not single out particular nationalities or consular posts at which delays are more likely.  We urge anyone planning to apply for a nonimmigrant visa at a U.S. consular post abroad to determine in advance what the likely delay will be, and to factor this into his or her travel plans.

For our readers’ convenience, the full text of the State Department notice, which was posted on August 23, 2001, is reproduced below:

Notice on Current Visa Processing Situation

Since the terrorist attacks of September 11, 2001, the State Department has been engaged with other U.S. government agencies in an extensive and ongoing review of visa issuing practices as they relate to the security of our borders and our nation.

Through the use of supplemental application forms and other measures, visa applications are now subject to a greater degree of scrutiny than in the past. This scrutiny means that visa applications in some instances take longer to process to conclusion than has been customary. We recognize that individual applicants may experience inconvenience and hardship if their application takes longer to process than they expected. We are doing everything possible to meet the legitimate needs of prospective travelers consistent with the priority we must attach to our security and legal responsibilities.

While our consular officers strive to offer visa applicants as expeditious service as possible, their primary responsibility is to carry out U.S. law and to ensure that applicants to whom they issue visas will not pose a threat to the safety and security of the United States and its inhabitants. This is a serious responsibility that must take precedence over other considerations pertaining to a visa application.

We realize that these necessary security measures may affect the travel plans of visa applicants, especially individuals intending to enroll in or continue college and university studies in the United States. We will make every attempt to meet the legitimate needs of prospective travelers to the United States, consistent with the priority of our security and legal responsibilities. We recommend that individuals build in ample time before their planned travel date when seeking to obtain a visa.

Special security screening procedures affect a limited number of prospective travelers. Our goal is to have assured security within a system that is responsive to everyone wishing to visit the United States. However, delays in processing of visas will continue to occur as the Department of State, working with other agencies, brings new information systems on line. Responding to the attacks of September 11, 2001, Congress ordered that security inadequacies be identified and addressed.  By legislative instruction, some of this work was specifically to be accomplished by the first anniversary of the attacks. That work is in course now in accordance with those instructions.

The time needed for adjudication of individual cases will continue to be difficult to predict, as necessary new procedures are refined. Visa applicants affected by these procedures are informed of the need for additional screening at the time of application and should expect substantial delays of six to eight weeks or more before a visa can be issued.

We trust that affected applicants will understand that this waiting period is necessary as we strive to make every effort to ensure the safety and security of the United States for all who are here, including foreign visitors.

© Jewell & Associates 2002