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february 29, 2008

Updated CDC Vaccination Requirements for Immigrant Visa Applicants

The Centers for Disease Control (CDC) instructs "panel physicians" designated in other countries for conducting medical examinations of immigrants to the U.S. in coordination with consular immigrant visa processing. In late 2007, CDC announced two changes for these medical exams.

First, CDC appears to have changed the vaccination requirements for all applicants examined abroad by panel physicians as follows:

  • Rotavirus vaccine, hepatitis A vaccine, meningococcal vaccine, human papillomavirus vaccine, and zoster vaccine have been added as age-appropriate to the vaccination requirements.
  • Hepatitis B vaccine is required through 18 years of age.
  • Influenza vaccine is required for children ages 6-59 months.
  • Acellular pertussis-containing vaccines have been developed for persons ages 10-64 years.

Other significant changes to the immigration vaccination requirements are?

  • Rotavirus vaccine should be given orally to children 2 through 6 months of age.
  • Hepatitis A vaccine should be given to children 12 through 23 months of age.
  • Meningococcal conjugate vaccine, specifically tetravalent meningococcal conjugate vaccine (MCV4) should be given to persons 11 through 18 years of age.
  • Meningococcal polysaccharide vaccine (MPSV) or other forms of meningococcal conjugate vaccine (e.g., monovalent MCV) is an acceptable alternative if MCV4 is not available.
  • Human papillomavirus vaccine should be given to females 11 through 26 years of age.
  • Zoster vaccine should be given to persons 60 years of age or older.
  • Hepatitis B vaccine should be given from birth through 18 years of age.
  • Influenza vaccine should be given annually to children 6 through 59 months of age. It continues to be required for adults 50 years of age or older.
  • Acellular pertussis-containing vaccines are available for use in persons at least 10 years of age. The adolescent and adult formulation of tetanus and diphtheria toxoid and acellular pertussis (Tdap) vaccine is given as a single (booster) dose for persons 10 through 64 years of age who have completed the recommended childhood diphtheria and tetanus toxoids and the pertussis/diphtheria and tetanus toxoids and acellular pertussis (DTP/DTaP) vaccine series.

For details, see the CDC’s 2007 Technical Instructions for Vaccinations

In addition, CDC has concluded that the 1991 system currently in effect misses applicants with smear-negative but culture-positive tuberculosis, as well as tuberculosis in applicants <15 years of age, and fails to provide clear standards for treatment of applicants with TB. Thus, CDC is phasing in, beginning with 8 countries deemed most important, the following new procedures carried out by panel physicians:

Tuberculin skin tests (TST) for applicants <15 years of age in countries with a World Health Organization (WHO)-estimated tuberculosis incidence rate >20 per 100,000.

  • All applicants <15 years of age with TST =5 mm will be required to have a chest radiograph.
  • Mycobacterial cultures for applicants with chest radiographs suggestive of tuberculosis disease.
  • Treatment under a directly observed therapy (DOT) program.
  • Completion of treatment prior to immigrating to the United States, according to American Thoracic Society/CDC/Infectious Diseases Society of America guidelines.
  • New TB classifications for all applicants with suspected latent Mycobacterium tuberculosis infection and for contacts for cases of tuberculosis disease.

CDC does not appear to have made any changes to the instructions for Civil Surgeons who conduct medical examinations of applications for adjustment of status within the U.S., as reflected at http://www.cdc.gov/ncidod/dq/civil.htm.

For additional questions about your immigration visa application, contact Amy L. Becerra, Esq., Swynford Law Group, P.C., 1101 Professional Drive, Suite D, Williamsburg, VA 23185; (757) 345-3467; www.swynfordlaw.com; amy@swynfordlaw.com.

10:25 am est 

EOIR's Immigration Court Practice Manual Released

On February 28, 2008, the Executive Office of Immigration Review (EOIR) announced that it has issued the "Immigration Court Practice Manual" which provides uniform procedures, recommendations, and requirements for persons who present cases before the immigration courts. The Manual will go into effect April 1, 2008, and local operating procedures for immigration courts will no longer be used.  For counsel or representation regarding removal procedures with the Executive Office of Immigration Review, contact Amy L. Becerra, Esq., Swynford Law Group, P.C., 1101 Professional Drive, Suite D, Williamsburg, VA 23185; (757) 345-3467; www.swynfordlaw.com; amy@swynfordlaw.com

10:11 am est 

february 25, 2008

What is a Home Inspection?

A home inspection is a thorough and systematic evaluation of the condition of a residential property. It is a complete physical exam of the general integrity, functionality, and overall safety of a home and its various components. The purpose of this process is to ensure that home buyers know exactly what is being purchased, prior to completing the transaction.

In the course of a home inspection, the inspector will evaluate the foundation, framing, roofing, site drainage, attic, plumbing, heating, electrical system, fireplaces, chimneys, pavement, fences, stairs, decks, patios, doors, windows, walls, ceilings, floors, built-in appliances, and numerous other fixtures and components.

In all homes, even brand-new ones, some building defects will inevitably be discovered during the inspection. All pertinent findings will be detailed in a written report for the buyer's reference and review, and the inspector will make a complete verbal presentation of these conditions for those who attend the inspection.

This information enables a home buyer to make educated decisions about a home purchase: whether to complete the transaction, whether to ask the seller to make repairs, or whether to buy the property “as-is.” Buyers can also determine how much repair and renovation will be needed after taking possession, which problems are of major concern, which ones are minor, and what conditions compromise the safety of the premises.

A thorough inspection enables a home buyer to avoid costly surprises after the close of escrow. It is an indispensable component of a well-planned purchase. Provided by Exit Realty, Yvonne Mansini, Realtor, (757) 876-8565.

3:33 pm est 

february 19, 2008

USCIS revises filing instructions for Petition for Alien Relative (Form I-130)

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center. A USCIS Update was issued on December 3, 2007, encouraging petitioners to file with the Chicago Lockbox while the form was being revised. Now that the revision is complete, filing with the Chicago Lockbox is required.

—U.S. Citizenship and Immigration Services (USCIS) has revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective immediately, all petitioners filing stand-alone Form I-130s must file their petitions with the Chicago Lockbox instead of a USCIS Service Center. A USCIS Update was issued on December 3, 2007, encouraging petitioners to file with the Chicago Lockbox while the form was being revised. Now that the revision is complete, filing with the Chicago Lockbox is required.

Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.

Two separate post office box addresses (see below) have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 must be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.

Petitioners who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-1029

Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:

USCIS

P.O. Box 804616

Chicago, IL 60680-1029

For assistance in preparing your Form I-130, contact Amy L. Becerra, Esq., Swynford Law Group, PC, 1101 Professional Dr., Williamsburg, VA 23185. (757) 345-3467. www.swynfordlaw.com

4:53 pm est 

february 8, 2008

Are H-1B Workers Getting Bilked?
In its February 11, 2008, Newsweek's above-titled article, writer Moira Herbst suggests something most folks in the technological industries have known for years... that the most active users of the H-1B work visa program have been accused of underpaying or otherwise mistreating their foreign-born employees.  The H-1B program requires companies bringing employees to work in the U.S. to pay that job's prevailing wage so as not to depress the salaries of American workers in similar occupations.  Many companies, however, have been shown to actually underpay their foreign employees despite reporting a base salary sufficient to garner the Department of Labor's (DOL) approval when beginning the H-1B visa filing process. 

As who worked in a boutique law firm dedicated to grinding out H-1B visas to corporate employees in San Francisco during the technological boom, Herbst's initial observations in her article were no surprise, but rather par for the course, at least in California.  What is new, however, is that the latest trend in the H-1B visa program involves an increasing use by non-U.S. outsourcers.  Five of the top H-1B sponsoring companies (having between nearly 5000 and almost 3000 visas issued to them) are based in India!  This is an unfortunate trend both for American and foreign born workers as both lose wages and job opportunities.

There is proposed legislation to overhaul the H-1B program.  In the interim, the H-1B visa remains an elusive option for many companies wishing to hire foreign-born workers.  The available visa quota is met practically within hours each year with corporations and their law firms poised to flood the USCIS with applications the moment the filing date opens--and this for employees who may not even be able to begin work until a year and a half later!  This is after jumping through the DOL's certification hoops. 

For those companies/employers looking for other options to the H-1B that are less time-consuming and costly, one might try the L-1, E, TN, R, Q, J, M or B-1 visa categories.  Call the Swynford Law Group, PC, at 757.345.3467, or contact Amy L. Becerra, Esq. at amy@swynfordlaw.com to make an appointment to discuss your options.  www.swynfordlaw.com

8:58 am est 

february 4, 2008

Good news for Hampton Roads real estate market

A local College of William and Mary professor, Roy L. Pearson, in a recent interview by the Daily Press, noted that the region here in Virginia and Hampton Roads is in a better economic position than much of the rest of the nation because the mortgage crisis was not felt as strongly in the state, and real estate was not as "vastly overvalued" as it was elsewhere.  He also stated that with Hampton Roads' high employment rate in military and defense contracting, the local economy is not as service-based as elsewhere in the nation, such that the Hampton Roads area in particular is not as likely to be affected by an economic downturn.  With mortgage interest rates beginning to come down, the housing industry may be able to recover a bit through refinancing and new home purchases.  To find out what the current mortgage interest rates are in your area, go online and check your area. Yvonne Mansini, Licensed Real Estate Salesperson, Exit Realty Dierling & Associates, (757) 876-8565.

1:41 pm est 


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