May 23, 2006

Update on E-3 Visa Issuance

The State Department's Visa Office issued the following update:

“From October 1 thru April 20, there have been approximately 1,150 Australian E-3 numbers used, far short of the 10,500 annual limit. Thus, it appears unlikely that we will hit the limit for fiscal 2006…”

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May 18, 2006

Visa Office Clarifies E-3 Visa Eligibility of Aliens Subject to INA § 212(e)

The AILA-DOS Liaison Committee has obtained a Visa Office Advisory Opinion which states: 

“After consulting with the Department of Homeland Security, our office has confirmed that the ineligibility of section 212(e) of the Immigration and Nationality Act do not apply to the E-3 visa category. Please note that the 212(e) provision is not waived at this time, and that this ineligibility remains in place until the applicant in this case receives a waiver or completes the 2 years of residence in the appropriate country.”

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May 5, 2006

France Meets U.S. Requirements for E-Passports

DHS News Release announces that the new digital passports issued by France are compliant with U.S. technical requirements for countries participating in the Visa Waiver Program (VWP).

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March 16, 2006

Visas Mantis Clearance Validity Periods

Clarification was provided regarding current Visas Mantis clearance validity periods. These validity periods are not mandatory, but permissive, i.e., Consular Officers may request additional Visa Mantis clearance checks if they have reason to believe it is necessary.

• F-1 Students may receive a clearance valid for the length of the approved academic program to a maximum of four years, however, the clearance will cease to be valid if the student changes academic programs.

• H-1B Temporary workers, J-1 Exchange Visitors, and L-1 Intracompany Transferees may receive a clearance valid for the duration of their approved activity to a maximum of two years. The clearance will cease to be valid if the nature of the activity changes.

• B-1 Business visitors and B-2 visitors for pleasure may receive a clearance valid for one year provided the purpose of the visit to the United States has not changed.

Note: The above validity periods do not apply to nationals of state sponsors of terrorism who fall within the Visas Mantis requirement. Such applicants continue to be subject to a Visas Mantis SAO request each time they apply for a visa.

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March 8, 2006

Change in NIV Procedure in Paris

The U.S. Consulate in Paris advises that only the Electronic version of the Visa Application Form DS-156 will be accepted, effective immediately.

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January 26, 2006

U.S. Department of State Remarks on Outlook for Employment-Based Visa Numbers

The U.S. Department of State has advised the AILA DOS Liaison that it has seen a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases, which has in recent months led to a substantial advancement of the cut-off dates seen in the Visa Bulletin which is published monthly by the U.S. DOS.

Below are DOS' comments on the outlook for employment-based numbers:

• "Worldwide: Based on the current level of number use in the Employment First and Second preference categories there will be no need to impose a cut-off date for the categories. While the First preference number use is relatively close to my target, the Second preference is significantly below my target which doesn't make a lot of sense.

• Third: I had been concerned that the amount of 245(i) filings during March/April 2001 would result in a large concentration of demand, and limit movement of the cut-off date. So far this has not been the case, and it may be that such cases (if they exist in large numbers) are still in the DOL backlog.

• China and India: The same lack of demand comments apply to these First and Second preference cut-offs. This has resulted in the rapid advancement of the China and India cut-offs, which I expect to continue for the next several months.

• China Third - Should stay at the Worldwide date.

• India - This cut-off should continue to move, but such movement may become more limited. "