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Immigration Law

Excerpts from the Nov. 1, 2012, Bender's Immigration Bulletin

New Filing Option for Canadian TNs 

USCIS began accepting Forms I-129 filed by Canadian citizens who are outside the United States and seek classification as TN nonimmigrants on October 1, 2012. USCIS had accepted the form filing only in connection with a request to extend a TN nonimmigrant's stay or to change status to TN.

Canadian citizens continue to have the option of applying to Customs and Border Protection for TN classification in conjunction with an application for TN admission to the United States.

In the announcement of the new TN filing option, USCIS reminded the public that an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen who is outside the United States.

Taiwan's Designation into the VWP

Secretary of Homeland Security Janet Napolitano announced the designation of Taiwan as a participant in the Visa Waiver Program  on October 2.

"Today's announcement is a major step forward in our long-standing economic partnership with Taiwan," said Secretary Napolitano. "Taiwan's participation ...will not only stimulate tourism in the United States, it will also enable us to work together to maintain the strictest security standards."

Taiwan joins thirty-six other participants in the VWP. In FY 2011, the VWP accounted for 18.3 million visits to the United States, or more than 60% of tourist and business travelers entering the United States by air.

Like other VWP travelers, eligible Taiwan passport holders will be required to apply for advanced authorization through the Electronic System for Travel Authorization, a DHS web-based system.

DACA Update

USCIS released data on DACA cases received between August 15 and October 10, 2012. During that time frame, USCIS:

  • accepted 179,794 cases for processing
  • scheduled 158,408 biometric services appointments
  • has 6,416 requests under review, and
  • approved 4,591 cases.

Bender's Immigration Bulletin

[This is an excerpt from the Nov. 1, 2012, issue of Bender's Immigration Bulletin.]

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