On November 2, 2002 President Bush signed into law the "21st Century Department of Justice Appropriations Authorization Act". This new law has made several modifications to the Immigration and Nationality Act. Of the most changes made one of the most helpful changes is an extension for H-1B status for aliens who have been subject to lengthy adjudications. This provision was placed into law as a response to delays in processing applications, which have restricted a number of current H-1B holders from applying for one-year extensions pursuant to the American Competitiveness in the 21st Century Act of 2000. The law permits aliens who have a labor certification application caught in lengthy agency backlogs to extend status beyond the 6th year limitation.

These extensions shall be permitted as long as one year has elapsed since the filing of the labor certification application or an immigrant visa petition. The Attorney General has been given the discretion to extend the stay of an alien who qualifies for an exemption in one-year increments until a final decision is made on the alien’s immigration application.

Naturalization After The Death of Citizen Parent

The "21st Century Department of Justice Appropriations Authorization Act" contains other immigration related provisions, which may benefit certain aliens and immigrants.

Contd.. (1)

One such provision was an amendment to section 322 of the Immigration and Nationality Act, Application for Naturalization for a child born outside the United States.

Section 322 states that a citizen parent may apply for the naturalization of any of his/her children who are under the age of 18. The new law modifies Section 322 to allow the naturalization of children by a non-parent in cases where the citizen parent has died within five years of making an application. The amendment allows citizen grandparents or a citizen legal guardian to step into the shoes of the deceased citizen parent and apply for naturalization of the child.

Therefore a child born to a citizen parent, who was not naturalized before the death of his/her parent may be able to obtain naturalization through a petition filed by a non-immediate relative.

November 2002 Priority Dates
1	15/Mar/1999	EB1	C
2A	15/Aug/1997	EB2	C
2B	01/Mar/1994	EB3	C
3	15/Nov/1996	Other	C
4	01/Nov/1990	4	C
		5	C