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1998

  • DOS Cable on IVs for Nurses and Occupational Therapists (12/15/1998)
    A 12/9/98 DOS cable advises on issuing immigrant visas for nurses and occupational therapists who have been held in abeyance since IIRAIRA took effect on 9/30/96. The cable cites an INS interim rule effective on 12/14/98.
    AILA Doc. No. 98121559.
  • DOS Cable on NVC to Begin I-864 Assistance to Posts (12/15/1998)
    A 12/4/98 DOS cable instructing that, effective 12/14/98, the National Visa Center (NVC) will mail I-864 Affidavit of Support forms directly to petitioners in all immigrant visa cases.
    AILA Doc. No. 98121590.
  • DOS Cable on DV Disqualifications if Dependent Details Missing (12/4/1998)
    A 6/3/98 DOS cable clarifies the appropriate course of action when diversity visa entries fail to provide accurate information.
    AILA Doc. No. 98120490.
  • DOS Cable with Further Clarification on DV Dependent Disqualifications (12/4/1998)
    A 10/28/98 DOS cable with clarification on diversity visa dependent disqualifications, stating if there is reasonable basis for erroneously failing to list a child, particularly if the child is not eligible to immigrate, the petition should not be rejected solely on these grounds.
    AILA Doc. No. 98120469.
  • DOS Cable on NIV Fee Waivers for Charitable Workers (11/6/1998)
    An October 1998 DOS cable regarding the final rule on NIV fee waivers for charitable workers that became effective on 10/2/98.
    AILA Doc. No. 98110658.
  • DOS Cable on Increase in INS Fees (11/6/1998)
    A 10/16/98 DOS cable on increase in INS fees. The new INS fees became effective on 10/13/98. Posts which accept petitions on behalf of INS or perform other services for INS are instructed to collect the new fees.
    AILA Doc. No. 98110669.
  • DOS Cable with Q&As on Form I-864 (9/22/1998)
    A 7/22/98 DOS cable with additional guidance and Q&As on Form I-864, Affidavit of Support. Topics included incorrectly completed I-864s, income requirements, tax returns, following-to-join, employment-based cases, under age petitioners, means tested benefits, and notarization by foreign notaries.
    AILA Doc. No. 98072291.
  • DOS Q&As on Affidavits of Support (8/1/1998)
    DOS Q&As for Form I-864, Affidavit of Support sponsors.
    AILA Doc. No. 98080159.
  • DOS Cable on New 222(g) Policy (7/29/1998)
    A 7/28/98 DOS cable announcing the establishment of a blanket “extraordinary circumstances” exemption under INA 222(g)(2)(B) for certain aliens who timely file for extension of stay or change of status and who depart after their I-94 has expired but before INS has decided their application.
    AILA Doc. No. 98072957.
  • Letter from USIA on 22 CFR 514.27(e)(3) (7/29/1998)
    A 7/28/98 letter 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.
    AILA Doc. No. 98072958.
  • DOS on Suspension of F-1 Employment and Course Hour Limitations (7/6/1998)
    A 6/25/98 DOS cable on INS interim rule and notice providing relief to certain Asian students adversely impacted by the financial crisis in their home countries. The rule suspends limits for on/off campus employment and sets minimum course hours for foreign students when emergency situations arise.
    AILA Doc. No. 98070669.
  • DOS Cable on Affidavit Checklist (7/6/1998)
    A 6/25/98 DOS cable with revised checklist for Affidavit of Support, including the warning that due to heavy workload considerations, the visa section will not accept affidavits of support that are incomplete or have not been assembled correctly.
    AILA Doc. No. 98070658.
  • DOS Cable on Public Charge Ineligibility for Affidavits of Support (6/15/1998)
    A 6/8/98 DOS cable 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.
    AILA Doc. No. 98061558.
  • DOS Cable Update on Affidavit of Support Changes (6/5/1998)
    A 5/22/98 DOS cable with procedural change in the processing of I-864 Affidavits of Support, based on the 5/18/98 INS clarification that included four procedural changes to the I-864 and related regulations that were originally published in the Federal Register in October 1997.
    AILA Doc. No. 98060590.
  • DOS Cable on Iranian Processing Changes (6/15/1998)
    A May 1998 DOS cable on changes in clearance requirements for certain Iranian applicants. Visas Eagle clearances for Iranians are valid for one calendar year and certain Iranian teachers and medical personnel will no longer require Visa Donkeys and will be transferred to the Visas Eagle category.
    AILA Doc. No. 98061569.
  • DOS Cable on Bone Age Testing in IV Processing (6/15/1998)
    A 5/28/98 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.
    AILA Doc. No. 98061559.
  • DOS Cable on FY1998 H-1B Cap (6/5/1998)
    A 6/2/98 DOS cable that the annual cap is determined by the number of petitions approved by INS, not by the numbers of visas issued. Therefore while INS will no longer be approving FY1998 H-1Bs, posts should continue to process H-1B visas for the beneficiaries of current and approved I-129s.
    AILA Doc. No. 98060558.
  • DOS Cable on L-1 Visa for Short-term Assignments (6/5/1998)
    A 5/28/98 DOS cable on L-1 visas for employees coming for short term assignments, explaining that an L visa applicant must be employed by the company on a full-time basis, but 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 Cable on Vaccination Waivers (5/15/1998)
    A DOS cable on vaccination requirement waivers based on religious or moral grounds. INS must process 212(g)(2)(C) waivers on an individual basis and applicants are required to complete the I- 601, pending release of the I-724 waiver application, which is still in development.
    AILA Doc. No. 98051559.
  • DOS Cable on H-1B Cap Reached for FY1998 (5/14/1998)
    A 5/14/98 DOS cable announces that INS has stopped accepting H-1B petitions for FY1998 beginning Monday, 5/11/98 as INS has determined the 65,000 annual cap on the H-1B visa category has been reached.
    AILA Doc. No. 98051459.
  • DOS Cable on Revised Health Care Worker Certification Requirement (5/6/1998)
    A DOS cable revises health care worker certification requirement and 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.
    AILA Doc. No. 98050659.
  • DOS Cable on Extension of VWPP (4/30/1998)
    A 4/29/98 DOS cable on the extension of the Visa Waiver Pilot Program (VWPP) through 4/30/00. Posts may inform inquirers that qualified travelers from the participating countries may continue to enter the U.S. visa free.
    AILA Doc. No. 98043069.
  • DOS Cable on Health and Supplemental Nutrition Programs (4/18/1998)
    A 4/18/98 DOS cable reminds posts that reliance on emergency health and supplemental nutrition programs does not constitute public charge.
    AILA Doc. No. 98041858.
  • DOS Cable on Dependents of Interational Employees (4/16/1998)
    A 4/16/98 DOS cable discusses INS regulations that permit dependents of employees of international organizations in the U.S. to work under certain circumstances.
    AILA Doc. No. 98041658.
  • DOS Cable on Reconstruction of EB-3 Petitions (4/15/1998)
    A 4/15/98 DOS cable with guidance to posts on how to reconstruct an employment-based immigrant petition when DOS or INS determines that a case was erroneously suspended under 9 FAM 42.43(a) or an ineligibility finding was made in error and that a valid petition should be processed to conclusion.
    AILA Doc. No. 98041559.
  • DOS Cable on New I-864 and 212(a)(4)/221(g) Refusal Rates (4/10/1998)
    A 4/10/98 DOS cable addresses the applicability of both 221(g) and 212(a)(4) ineligibilities to the adjudication of I-864 cases as most of the 221(g) and 212(a)(4) refusals have been related to technical deficiencies in the complex new Forms I-864 and I-864a.
    AILA Doc. No. 98041059.
  • DOS Cable on Revised 222(g) Guidance (4/8/1998)
    A 3/23/98 DOS cable regarding revised guidance on INA section 222(g) stating that an alien who entered on an nonimmigrant visa will not be considered an overstay for INA 222(g) purposes unless alien stayed beyond I-94 date or INS/Immigration Judge formally found that a status violation occurred.
    AILA Doc. No. 98040858.
  • DOS Cable on Unlawful Presence (4/4/1998)
    A 4/4/98 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.
    AILA Doc. No. 98040490.
  • DOS Cable on Return of EB-5 Petitions to INS (4/2/1998)
    A 2/19/98 DOS cable advising posts to return certain EB-5 petitions to the INS for reconsideration.
    AILA Doc. No. 98040257.
  • DOS Letter on Iran Sanctions on Employment Visas (3/26/1998)
    A 6/20/97 letter from Donna Hamilton, Deputy Assistant Secretary (DOS) to Richard Newcomb, Director (OFAC) regarding implications of Iran sanctions for employment visas. Mr. Newcomb's response to Ms. Hamilton's letter is included.
    AILA Doc. No. 98032658.
  • DOS Cable on I-864 Supporting Documents for Dependents (3/26/1998)
    A March 1998 DOS cable on I-864 supporting documents for dependents, stating that effective immediately, principal immigrant visa applicants and accompanying dependents who travel together require only one complete set of support documents that should be included with the principal application.
    AILA Doc. No. 98032659.
  • DOS Cable on Domicile Issues for I-864 (3/25/1998)
    A 3/12/98 DOS cable addresses the definition of domicile as interpreted in the context of the I-864 affidavit of support.
    AILA Doc. No. 98032559.
  • DOS London Cable on Nonimmigrant Visa Backlog (3/6/1998)
    A 2/25/98 DOS cable from London advising nonimmigrant visa interviews have been limited during February 1998 due to the nonimmigrant visa unit converting to the modernized MRV system that requires staff training, installation, and start-up monitoring resulting in a three week interview backlog.
    AILA Doc. No. 96030659.
  • DOS Cable on Follow-to-Join Cases (2/27/1998)
    A 2/27/98 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.
    AILA Doc. No. 98022759.
  • DOS Cable on Exclusion of Members of Terrorist Organizations (2/20/1998)
    An October 1997 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.
    AILA Doc. No. 98022059.
  • DOS Tips on Employment-Based Visas (2/1/1998)
    DOS tips on employment-based visas, including information on the five preference categories, the labor certification process, visa ineligibility and waivers, documents for visa applications, visa fees, numerical limitations, and naturalization.
    AILA Doc. No. 98020102.
  • DOS Cable on Iran Sanctions and Residency (1/13/1998)
    A January 1998 DOS cable requested posts to refuse employment based visas for Iranian nationals resident in Iran under INA 221(g), until INS makes a judgment on whether OFAC’s determination formed a basis to deny/revoke employment based petitions for Iranian nationals living in Iran.
    AILA Doc. No. 98011359.
  • DOS Cable on Issue of Domicile (1/6/1998)
    A December 1997 DOS cable addresses the issue of domicile as INA section 213A requires the petitioner or relative with significant ownership interest in the case of an employment-based petition, be domiciled in the U.S. or its territories and possessions.
    AILA Doc. No. 98010690.
 
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