• A Note from the Editors: INS Tells Congress of Improved Service
• The ABCs of Immigration - Department of State Publishes Regulations Covering New V Visa and K Visa Categories by Greg Siskind and Amy Ballentine
• US Courts Deflate Anti-Immigration Legislation; The Supreme Court Insistent on Rights for Immigrants from American Immigration Law Foundation
• HIV Inadmissibility, Waivers and Advocacy by Cyrus D. Mehta
• "V" Visas For Spouses and Children Of LPRs by Carl Shusterman
• Court Deals Blow to INS over Handling of EB-5 Cases by Greg Siskind and Amy Ballentine
• INS Bulletin on H-1Bs
• ILW Highlight: ILW.COM's IFillForms

A Note from the Editors:

The May 15 testimony of Acting INS Commissioner Kevin Rooney before the Subcommittee on Immigration and Claims contains some interesting statements. In describing how the INS has improved its customer service, Mr. Rooney told the Senators, "the INS has improved customer service in various respects. Due to an intense, two-year Naturalization Backlog Reduction Initiative, the INS has made tremendous progress in increasing its immigration services' productivity and customer service." He noted that in FY 2000, the INS, "reduced the processing time for employment-based petitions from 18 months to 90 days." He did not specify the type of employment-based petitions, but if he means I-140s then the information is not consistent with the processing times provided by AILA. They indicate that in April the Texas Service Center was processing I-140s received seven months ago and at the Vermont Service Center the processing time for I-140s is 150-240 days.

The testimony also contains a forecast of what is to come. In describing the challenges facing the Service, Mr. Rooney stated "the Legal Immigration Family Equity (LIFE) Act of 2000 amendments alone will add an estimated additional caseload of 2.3 million applications and petitions in FY 2001 and 1.2 million applications and petitions in FY 2002 to the current 6.9 million applications received annually, a 26 percent increase over a two-year period." Faced with this additional workload, it is reasonable to expect that the INS will not be able to maintain its "tremendous progress in increasing its immigration services' productivity and customer service."

The ABCs of Immigration - Department of State Publishes Regulations Covering New V Visa and K Visa Categories
Greg Siskind and Amy Ballentine write about the Department of State interim rule regarding the procedures for processing visas under the new V visa and K visa categories created by the Legal Immigration Family Equity (LIFE) Act.

US Courts Deflate Anti-Immigration Legislation; The Supreme Court Insistent on Rights for Immigrants
The American Immigration Law Foundation finds that US courts have traditionally diminished the intended effects of anti-immigrant legislation by ruling them unconstitutional. Judicial responses to early 20th century anti-immigration legislation remain a benchmark for future rulings.

HIV Inadmissibility, Waivers and Advocacy
Cyrus D. Mehta discusses waivers of HIV inadmissibility for nonimmigrants and immigrants, and advocacy efforts including the Permanent Partners Immigration Act (PPIA).

"V" Visas For Spouses and Children Of LPRs
Carl Shusterman writes about the new "V" visa category which allows certain spouses and children of lawful permanent residents to live and work in the US while waiting for adjustment.

Court Deals Blow to INS over Handling of EB-5 Cases
Greg Siskind and Amy Ballentine write about the recent decision in Chang v. US, No. CV-99-10518-GHK (AJWx)(C.D. Cal. May 3, 2001).

INS Bulletin on H-1Bs
The INS Office of Business Liaison has prepared an information bulletin on the H-1B category including basic terms and conditions of the H-1B classification, the LCA, the nonimmigrant petition, consular processing, definitions of terms, and the distinction between lapse of status and unlawful presence. [Also available as a pdf file. Longer download]