Thomas J. Hurley - Attorney at Law - Immigration & Naturalization

Sept. 27, 2004

Redesign of Citizenship Test

In order to qualify for U.S. Citizenship, applicants must take an exam and demonstrate at least basic understanding of the English language and U.S. history and government. According to the United States Citizenship and Immigration Service (USCIS), this is currently tested as part of the naturalization interview. The officer conducting the interview can select questions from a pre-approved list, which means exams can vary greatly from officer to officer, and interview to interview.

The USCIS is now revising the exam process to ensure that all applicants are tested fairly. In addition to the redesign of the test questions, the USCIS will issue study guides to allow applicants to better prepare.

The proposed English language portion of the exam will include three parts: reading, writing and speaking.

• The reading test involves reading a paragraph and answering four or five multiple-choice questions about the text.

• In the writing test, the applicant is shown a photograph, and asked to write a brief description of the photo.

• For the speaking part of the test, the applicant is shown two photos depicting scenes from everyday life. The applicant is asked to verbally describe what is happening, and his or her response is recorded by the officer.

The second portion of the redesign process will begin in 2005, in which an applicant's knowledge of English as well as U.S. history and government is tested in a group setting prior to the applicant's naturalization interview. Applicants who pass the test will not be retested during the interview, although the officer may evaluate the applicant's spoken English abilities. Applicants who do not pass the written exam will be further tested during the naturalization interview.

The redesigned test is not expected to be used until 2006.

As posted on USCIS.gov, August 2004.

Return to Top

Aug. 25, 2004

NEWSFLASH! H-1B Cap for 2004 Nearly Met

As posted on AILA InfoNet on August 23, 2004, the United States Citizenship and Immigration Service (USCIS) has recently announced that it has already received 40,000 of the 65,000 H-1B petitions it will process for fiscal year 2005 (FY 2005, which begins October 1, 2004). H-1B applications for FY 2005 have been accepted since April 1, 2004. The total number of available H-1B visas, 65,000, is further reduced by 6,800 which are to be set aside this year for nationals of Chile and Singapore. If any of these 6,800 H-1B visas are not used, they will be added back in to the pool of available visas during the last 45 days of FY 2005. What this means is that of the 65,000 available H-1B visas, 40,000 are already spoken for, and 6,800 are set aside. That leaves 18,200 available for anyone hoping to gain new H-1B authorization before October 2005. It is anticipated that this number of petitions may be filed even before October 1, 2004. If you are considering filing for H-1B status, please call our office immediately; once the cap is met, USCIS will not accept any more H-1B filings until April 1, 2005. Note: if you currently have an H-1B visa which must be renewed, you are NOT subject to the cap. Further, there are certain types of employers that are not subject to the cap: an institution of higher education, or a nonprofit or governmental research organization.

Applications for visa revalidations (for classifications C, E, H, I, L, O and P) will soon no longer be accepted by the Department of State (“DOS”) for processing within the United States. Deputy Assistant Secretary of State Catherine Barry announced last week that July 6, 2004, would be the cut-off date. However, the cut-off date has now been changed to July 16, 2004, still only weeks away. Apparently the DOS lacks the capacity domestically to acquire the biometric identifiers (electronically scanned fingerprints, for instance) all visas will be required to contain as of October 26, 2004. Ms. Barry further stated that DOS has no current plans to revive the revalidation service. Regulations should be available within the next 10 days. Until then, it will not be clear whether the deadline is for delivery to the St. Louis lockbox or for postmarking. Please notify our office immediately if you have a visa of the type listed above, which you would like to revalidate (extend) without leaving the United States.

According to Jane Tannenbaum, Chief of the Visa Office Visa Revalidation Unit, all initial revalidation applications NOT in the St. Louis drop box building as of 5 pm on July 16, 2004, will be returned. In other words, the deadline is for the physical receipt of the application and does NOT depend on postmarking

The USCIS (U.S. Citizenship and Immigration Services) announced on 1/21/04 that of the 65,000 available H-1B visas made available to new applicants on October 1, 2003, 43,500 are spoken for. This means the H-1B cap will almost surely be reached before the end of the fiscal year on September 30, 2004.

If you are considering filing for an H-1B visa for the first time, there were 21,500 left nationwide as of 1/21/04. Premium processing, which allows you to process your application much faster than usual for a fee, is still an option. Earlier announcements by the USCIS have indicated that premium processing may be eliminated as the cap is nearer to being reached. Please remember that once the cap is reached, no new H-1B applications can be filed until after October 1, 2004.

The H-1B cap does NOT affect foreign workers who are now working in the United States in H-1B status. Further, there are certain types of employers that are not subject to the cap: an institution of higher education, or a nonprofit or governmental research organization.
Please contact our office as soon as possible if you are interested in filing an H-1B application.

As posted on AILA InfoNet at Doc. No. 03030344 (Mar. 3, 2003): In a move that will benefit thousands of dedicated commuter lane users along the U.S.- Mexico border, the Immigration and Naturalization Service (INS) has extended the enrollment period for SENTRI (Secure Electronic Network for Travelers Rapid Inspection) participants from one to two years. The change takes effect today.

SENTRI is an automated system that enables enrolled motorists at selected land border ports to complete the inspections process and enter the United States more expediently using dedicated commuter lanes. As part of the enrollment process, SENTRI participants undergo an extensive screening that includes law enforcement and criminal background checks. By encouraging low-risk travelers to participate in programs like SENTRI, authorities can focus more attention and resources on unknown or higher-risk travelers.

As posted on AILA InfoNet at Doc. No. 03022644 (Feb. 26, 2003): As the Immigration and Naturalization Service (INS) transitions into the Department of Homeland Security, the agency is reaching out to the immigrant community nationwide to ease concerns about the impact of the change. On March 1, INS’ benefits function will become part of the new Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security.

To underscore that message, banners, posters, and pamphlets bearing the name of the new bureau are being mailed out to immigration offices across the country beginning this week. Those materials provide information about the status of INS documents, offices, and services during the transition. The key points include:

As posted on AILA InfoNet, the Department of Justice published a notice in the Federal Register on February 19 extending by four additional weeks the registration deadlines for special registrants from Groups 3 and 4. The Group 3 deadline (for males from Pakistan or Saudi Arabia who otherwise meet the registration requirements) has been extended to March 21, 2003. The Group 4 registration period (for males from Bangladesh, Egypt, Indonesia, Jordan or Kuwait who otherwise meet the registration requirements) is now effective from February 24, 2003 until April 25, 2003.

Visa and Passport Waiver Revoked for Certain Permanent Residents of Canada and Bermuda

As posted on AILA InfoNet, the INS and State Department, on January 31, published interim rules to eliminate the current passport and visa waiver for aliens who are nationals of Ireland or the British Commonwealth countries listed in the rules, who reside in either Canada or Bermuda and are not citizens of Canada or the British Overseas Territory of Bermuda. Beginning on March 17, such individuals will be required to present a valid passport and visa when applying for admission to the United States. The agencies state that they are taking this action due to the heightened border security concerns following the events of September 11.

As posted on AILA InfoNet at Doc. No. 03010341 (Jan. 3, 2003), the Immigration and Naturalization Service (INS) today announced that it will require all commercial carriers to submit detailed passenger manifests to the agency electronically before an aircraft or vessel arrives in or departs from the United States.

The program, mandated by Congress in the Enhanced Border Security and Visa Entry Reform Act of 2002, will be implemented on January 1, 2003. Section 402 of the Act requires the submission of Advanced Passenger Information (API) on all temporary foreign visitors.

Passenger information that must be submitted in advance includes: complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); address while in the United States; and such other information the Attorney General, in consultation with the Secretary of State and the Secretary of Treasury, determines as being necessary.

The advance submission requirement will help INS verify the identities of individuals being transported, while ensuring enforcement of U.S. immigration laws.