STEPHANIE MARKS’ IMMIGRATION UPDATE - Vol. 38 (08/2008)

► Dept. of Labor provides PERM processing timeframes.

► Legislation signed impacting U.S. entry and immigration restrictions for HIV- positive persons.

► Dept. of Labor provides PERM processing timeframes. The Dept. of Labor has advised that PERM applications are being processed within a 90 to 120 day timeframe currently. If an application is selected for an audit, the processing time may be significantly longer since they are currently working on audits for applications filed in March 2007. The Dept. of Labor continues to audit some cases selected on a random basis and others which are targeted for a specific reason.

► Legislation signed impacting U.S. entry and immigration restrictions for HIV- positive persons. The President has signed legislation (PL 108-25) that repeals a 1987 law barring HIV-positive individuals from entering the U.S. without a waiver and from obtaining U.S. permanent residence status. This new legislation returns the authority to the Department of Health and Human Services to determine whether HIV-positive individuals should be permitted to enter and immigrate to the U.S. While the Department of Health and Human Services evaluates all other diseases to determine if a ban is appropriate, only HIV was designated as a ground of inadmissibility by statute. It is hoped that the Department of Health and Human Services will remove HIV from the list of diseases that render individuals inadmissible to the U.S.

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