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Agencies & Liaison
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Department of State
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Agency Memos, Cables, Letters & Guidance
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1998
1998
DOS on IVs for Nurses and Occupational Therapists
(12/15/1998)
December 9, 1998 DOS cable advises on issuing immigrant visas for nurses and occupational therapists who have been held in abeyance since IIRAIRA took effect on September 30, 1996. The cable cites an INS interim rule effective on December 14, 1998.
DOS on NVC to Begin I-864 Assistance to Posts
(12/15/1998)
The Department of State (DOS) on December 4, 1998 issued a cable instructing that, effective December 14, 1998, the National Visa Center (NVC) will mail I-864 Affidavit of Support forms directly to petitioners in all immigrant (IV) visa cases. AILA Doc. No. 98121590.
DOS on DV Entries: Disqualified if Dependent Details Missing
(12/4/1998)
June 3, 1998 DOS cable clarifies the appropriate course of action when DV entries fail to provide accurate information. AILA Doc. No. 98120490.
DOS on DV Dependent Details: Further Clarifications
(12/4/1998)
Oct 28, 1998 DOS cable provides clarification in detail on DV dependent disqualification requirements.
DOS on NIV Fee Waivers
(11/6/1998)
Oct. 98 DOS cable regarding the final rule on NIV fee waivers. The final rule on waiving fees for charitable workers became effective on October 2nd.
DOS on Increase in INS Fees
(11/6/1998)
Oct. 16, 1998 DOS cable on increase in INS fees. The new INS fees became effective on October 13, 1998. Posts which accept petitions on behalf of INS or perform other services for INS are instructed to collect the new fees.
DOS Cable 98-State-133584 (July 22, 1998)
(9/22/1998)
DOS Issues More Q&As on Affidavit of Support
More Qs & As on Affidavit of Support
(8/11/1998)
July 22, 1998 DOS cable (Updated No. 17) more questions and answers on Affidavit of Support (I-864). AILA Doc. No. 98081190.
Q&A On Affidavits of Support
(8/1/1998)
DOS general information for Affidavit of Support sponsors.
New DOS Policy on 222(g) Announced
(7/29/1998)
The Department of State has announced a new policy on section 222(g) of the INA. The following July 28, 1998 cable discusses the new policy.
FMG Comments
(7/29/1998)
This letter is written to provide the Educational Commission for Foreign Medical Graduates (ECFMG) with administrative and regulatory guidance concerning 22 CFR 514.27(e)(3) of the Exchange Visitor Program regulations.
DOS on F-1 Employment
(7/6/1998)
June 25, 1998 DOS cable regarding INS interim rule and notice providing relief to certain Asian students adversely impacted by the financial crisis in their home countries. The rule, which suspends limits for on/off campus employment, may also benefit third country nationals receiving support from affected countries.
DOS on Affidavit Checklist
(7/6/1998)
This June 25, 1998 DOS cable update No. 15 on affidavit of support discusses the revised checklist.
DOS Update Affidavit of Support, Public Charge Ineligibility
(6/15/1998)
June 8, 1998 DOS cable (Update No. 14) on evaluating the credibility of an I-864 affidavit to determine whether an I-864 is sufficient to overcome public charge ineligibility and sets out standards with objective of achieving consistency among posts when making such adjudications.
DOS Update on Affidavit of Support Changes
(6/5/1998)
This May 22, 1998 DOS cable update No. 13 on affidavit of support discusses more changes in processing of supporting documents.
DOS on Iranian Processing Changes
(6/15/1998)
May 28, 1998 DOS cable discusses changes in clearance requirements for certain Iranian applicants. Visas Eagle clearances for Iranians will be valid for one calendar year. Certain Iranian teachers and certain medical personnel will no longer require Visa Donkeys and will be transferred to the Visas Eagle category.
DOS on Bone Age Testing in IV Processing
(6/15/1998)
May 28, 1998 DOS cable provides guidance on whether consular posts can use bone age testing to determine whether applicants are eligible for derivative status as children under the age of 21.
DOS Update on H-1B Cap
(6/5/1998)
This June 2, 1998 DOS cable reminds the field that the annual cap is determined by the number of petitions approved by INS, not by the numbers of visas issued. Therefore posts should continue to process H-1B visas for the beneficiaries of current and approved I-129s.
DOS Clarifies DV Entries
(6/5/1998)
This June 3, 1998 DOS cable seek to provide guidance to clarify the appropriate course of action when DV entries fail to provide accurate information on the spouse and children of the applicant.
DOS on L-1 Visa for Short-term Assignments
(6/5/1998)
This May 28, 1998 DOS cable discusses L-1 visas for employees coming for short term assignments. The cable explains that while an L visa applicant must be employed by the company on a full-time basis, the alien does not have to be engaged on a full-time basis in the U.S., and may divide work between the U.S. and another country. AILA Doc. No. 98060591.
DOS Update on Vaccination Waivers
(5/15/1998)
This Department of State (DOS) cable discusses vaccination requirement waivers based on religious or moral grounds.
DOS on H-1B Cap Reached for FY98
(5/14/1998)
May 14, 1998 Department of State (DOS) announces that the Immigration and Naturalization Service (INS) has stopped accepting H-1B petitions for fiscal year 1998 beginning Monday, May 11, 1998. INS has determined the 65,000 annual cap on the H-1B visa category has been reached.
DOS Revises Health Care Worker Certification Requirement
(5/6/1998)
DOS cable revises health care worker certification requirement, continues blanket waiver for nonimmigrant health care workers. Cable limits health care workers needing certification to those clearly delineated in the statute, consistent with previous INS interpretation.
DOS on Extension of VWPP
(4/30/1998)
Congress has extended the Visa Waiver Pilot Program (VWPP) through April 30, 2000. President Clinton signed the legislation on April 27, 1998. Posts may inform inquirers that qualified travelers from the participating countries may continue to enter the U.S. 'visa free.'
DOS on VWPP Extensions
(4/29/1998)
DOS April 29, 1998, cable on the extension of the Visa Waiver Pilot Program (VWPP) through April 30, 2000.
DOS Public Charge Update
(4/18/1998)
This April 18, 1998 Department of State (DOS) cable reminds posts that reliance on emergency health and supplemental nutrition programs does not constitute public charge.
DOS on Dependents of Interational Employees
(4/16/1998)
This April 16, 1998, DOS Cable discusses INS regulations that permit dependents of employees of international organizations in the U.S. to work under certain circumstances.
DOS on "Reconstruction" of EB-3 Petitions
(4/15/1998)
This April 15, 1998 Department of State (DOS) cable serves as guidance to posts on how to reconstruct an employment based immigrant petition when the Department or INS determines that a case was erroneously suspended or an ineligibility finding was made in error and that a valid petition should be processed to conclusion.
DOS on 212(a)(4) & 221(g)
(4/10/1998)
This April 10, 1998 DOS cable addresses the applicability of both 221(g) and 212(a)(4) ineligibilities to the adjudication of I-864 cases.
DOS on Revised 222(g) Guidance
(4/8/1998)
The following is a March 23, 1998 DOS cable regarding the revised guidance on the interpretation of INA Section 222(g).
DOS on Unlawful Presence
(4/4/1998)
The following is an April 4, 1998 DOS cable regarding preliminary guidance on revised INA Section 212(a)(9), relating to aliens previously deported/removed and aliens who depart after being 'unlawfully present.' This cable provides more detailed guidance, based on recent interpretations from INS.
DOS to Posts on EB-5
(4/2/1998)
The following is a February 19, 1998 DOS action cable advising posts to return 'certain EB-5 petitions' to the INS for reconsideration.
DOS/OFAC on Iran Sanctions
(3/26/1998)
The following is a letter from Donna Hamilton, Deputy Assistant Secretary (DOS) to Richard Newcomb, Director (OFAC) regarding Iran sanctions for employment visas. Also attached is Mr. Newcomb's response to Ms. Hamilton's letter.
DOS on Supporting Documents for Dependents
(3/26/1998)
DOS on Supporting Documents for Dependents
DOS on Domicile Issues
(3/25/1998)
This March 12, 1998 DOS cable addresses the definition of domicile as interpreted in the context of the I-864 affidavit of support.
DOS Cable 98-State-051296 (Mar. 23, 1998)
(3/23/1998)
DOS Revises INA §222(g) Guidance
DOS Cable 98-State-044767 (Mar. 12, 1998)
(3/12/1998)
DOS Advises on Domicile Issues
DOS London Cable on Nonimmigrant Visas
(3/6/1998)
The following February 25, 1998 DOS cable relates London comments for the VO/AILA liaison meeting.
DOS on Follow-to-Join Cases
(2/27/1998)
This February 27, 1998, DOS cable reminds posts of procedures in follow-to-join cases where post does not have prior records of the principal applicant's visa issuance or adjustment of status.
DOS on Terrorist Organizations
(2/20/1998)
This DOS cable instructs posts to begin implementing amendments to Section 212(a)(3)(B) of the INA, which makes certain members and all representatives of foreign terrorist organizations designated by the Secretary of State ineligible for visas.
DOS on Employment-Based Visas
(2/1/1998)
DOS tips on employment-based visas.
DOS on Iran Sanctions/Residency
(1/13/1998)
DOS issues cable regarding what constitutes unlawful employment of an Iranian National.
DOS on Domicile
(1/6/1998)
This cable addresses the issue of domicile. INA Sec. 213A requires the petitioner, or relative with significant ownership interest in the case of an employ-bsd pet., be domiciled in the U.S. or its territories and possessions.