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LCA
Update (11-13-2000) [Top]
The Department of Labor has announced that as of November 13, 2000, they are processing cases received on or
after October 23, 2000.
Highlights from the
November 01, 2000 CSC Liaison Meeting (11-03-2000) [Top]
New Legislation
Immigrant
Visa Petitions
-
Processing
time for I-140 employment visa petitions is approximately 90 days,
assuming a visa number is immediately available.
NOTE:
Cases beyond this processing time will be identified and an inquiry
will be faxed the week of November 6th.
-
CSC
confirmed that the processing of I-140 employment visa petitions is
based on visa number availability.
Thus, categories where a visa number is not immediately
available will not be pulled for adjudication until the visa
bulletin indicates that a visa number will be available the next
month. However, CSC
hopes to allocate personnel resources to the adjudication of these
petitions in the next few months.
NOTE:
There have been some approvals for petitions without a visa number
being available. This
is an exception, however no inquiry can be made on a case unless a
visa number has been available for a few months.
Employment
Authorization Cards
-
CSC
has been and continues to experience problems with the computer
which produces EAD cards. Although
an application for an employment authorization card may be granted,
a card may not be issued for some time as the computer problem is
persisting. CSC is to
communicate with the local offices, so that the local offices will
process interim employment authorization cards assuming a case has
been pending for more than 90 days.
-
This
same problem exists for the issuance of Alien Registration Cards –
thus there will be a delay in the issuance of these cards.
Request
for Evidence
-
CSC
explained that the computer is not updated with the receipt of the
additional evidence submitted to their office until the evidence has
been put in the file. This
can take a number of weeks. Once
the evidence is placed in the file, the file is then given to the
Officer who was handling the case.
The Officer is to then process the case.
However, this could take an additional 30 days depending on
the caseload of the Officer. But
these types of cases are to be adjudicated before the Officer
continues to handle new cases.
(The case goes to the top of the Officer’s “pile”.)
Adjustment
Applications
-
The
JIT Report issued by the CSC indicates that the adjustment
applications are “Vacant”.
This means there are no cases ready to be adjudicated.
The cases are for the most part awaiting the receipt of the
FBI clearance.
-
There
are problems with the scheduling of fingerprints in that more than
one notice may be issued. Additionally,
a number of third preference employment cases have recently received
notices for re-fingerprinting – it appears that the CSC has
received a directive to make sure these cases are ready to be
adjudicated when a visa number becomes available.
-
For
those clients who have not yet been scheduled for fingerprinting, a
fax will be sent to the unit to bring this issue to their attention.
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The
CSC plans to contact the local offices to encourage them to process
fingerprints with the attorney’s courtesy copy of the notice, if
the applicant did not receive the original notice.
Also, it will be discussed to have both spouses processed at
the same time, even if only one received a notice.
LCA
Update (10-25-2000) [Top]
The Department of Labor has recently announced that some 25,000 LCAs
remain pending. They are currently processing cases received on or
after October 6, 2000.
H-1B
Bills Signed by President (10-18-2000) [Top]
Yesterday evening, October 17, 2000, President Clinton signed the H-1B
bills, which have now become law. Effective December 17, 2000, the
training fee for an H-1B will be increased from $500 to $1,000.
The H-1B cap has been increased to 195,000 for Fiscal Year 2001,
beginning October 1, 2000. Additional information will be posted
later.
LCA
Update (10-13-2000) [Top]
The Philadelphia Department of Labor (DOL) has recently advised that
it is experiencing technical problems with its Faxback system. As
of October 11, 2000, 8,000 LCAs remain backed-up and faxes received on
09-25-2000 are being worked on. The San Francisco Department of
Labor, however, advises that its system is functional and that it is
processing applications received 10-04-2000.
H-1B
Fee Increase (10-13-2000) [Top]
On October 11, 2000, the Senate passed a bill, which was passed
by the House on October 6, 2000, to increase the H-1B education and training
fee to $1,000 from $500. This bill along with the H-1B cap increase bill has
been sent to President Clinton for signature.
Philippines
Employment-Based Third Preference Potential Backlog (10-13-2000) [Top]
According to Charles Oppenheim of the State Department, a cut-off
date for Philippines employment-based third preference may be
established in December 2000.
Visa
Waiver Program (10-13-2000) [Top]
On October 10, 2000, the House passed a permanent extension of the
visa waiver program. Since this measure is similar to the
recently-passed Senate measure, the bill will go directly to President
Clinton for signature.
New
Immigration Bill Highlights (10-09-2000) [Top]
On October 3, 2000, both
Houses passed the American Competitiveness in the 21st
Century Act – which is now awaiting the signature of President Clinton
to take effect. The
following briefly summarizes some of the highlights of this bill:
H-1B
Provisions
-
H-1B
visa cap is raised to 195,000 for the fiscal years 2001 through 2003.
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Employees
of higher education institutions, nonprofit research organizations
and government research organizations are not to be counted against
the cap.
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An
individual will be counted only once against the cap – even though
multiple petitions may be filed on behalf of this single person.
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A
person in valid H-1B status, who accepts new employment, may begin
this new employment with the mere filing of the new petition with
INS. However, if this
petition is denied, then the work authorization ceases.
Employment-based
Immigrants
-
If
in a calendar quarter, there are more visas available in all the
employment-based preferences than the number of qualified immigrants
who may be issued such visas, then the visas may be made available
without regard to country of origin or the per-country ceilings.
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H-1B
visa holders reaching the six-year limit who have a pending or an
approved I-140, but are subject to the per-country limit, may
receive extensions of H-1B status until a decision can be reached on
their adjustment of status application.
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H-1B
visa holders with a pending I-140 may extend their status beyond the
six-year limit if 365 days or more have passed since the original
filing date of their labor certification applications or their I-140
filing date. The
extensions shall be granted in one-year increments until a final
decision is reached on their permanent residence.
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Employment-based
adjustment applicants, whose I-485s have been pending for 180 days
or more, may change jobs or employers without invalidating the
underlying I-140 or labor certification, as long as the new job is
the same or similar occupational classification as the one for which
the petition was filed.
Highlights from the September 20, 2000 DOL/EDD/AILA
Liaison Meeting (09-25-2000) [Top]
Delay
of File
Audit at the California Service Center (09-22-2000) [Top]
The California Service Center
will be conducting a file audit,
which is expected to run from September 26, 2000 through October 4,
2000. During this time, INS Direct will remain open and staffed,
but movement of files will be frozen. The other INS Service
Centers are conducting a similar audit with approximately the same
timeframe.
Congressional
Vote on H-1B Visas (09-18-2000) [Top]
On Tuesday, September 19, 2000, a vote in the Senate is expected on
a bill, which would increase the number of H-1B visas for Fiscal Year
2001, starting October 1, 2000.
Problems
with California Service Center H-1B Processing (09-18-2000) [Top]
The California Service Center has recently discovered that there may
have been some problems with delays or no notices being sent on some
H-1B cases for two main reasons. First, the CSC is currently working
through a massive frontlog in data-entry, which has slowed down routing
cases for adjudication from the mailroom and data entry process.
Second, the computer system malfunction experienced in August has
resulted in approval data getting lost in the system, which has resulted
in notices for a "very large chunk" of cases not being
sent. A large volume of approvals are now being
"re-updated" and notices will be transmitted.
CSC
Computer System Functioning (08-18-2000) [Top]
The computer system at the CSC is functioning again. Beginning
August 3 to August 12, 2000, the system was down, during which time
receipts could no be generated for new cases filed. During the
system "downtime," the CSC stated that adjudications on cases
continued without interruptions. The task of updating the system
on decisions made during the "downtime" is now being
undertaken.
H-1B
Cap Processing (08-15-2000) [Top]
INS has announced that it has begun to process Fiscal Year 2001 H-1B
cap cases with a start date of no earlier than October 1, 2000.
LCA
Update (08-15-2000) [Top]
Both the Philadelphia and San Francisco processing centers have
begun to resume endorsing Labor Condition Applications after
experiencing some severe technical difficulties for the past few weeks.
The processing centers appear to be endorsing applications that were
faxed the end of July 2000.
Updates
from the California Service Center Liaison Meeting (08-02-2000)
[Top]
The following will outline some of the highlights for the CSC meeting
held on August 1, 2000:
2002
DV Lottery (08-02-2000) [Top]
The State Department has announced the procedurres and addresses
for entering the DV 2002 visa lottery. Entries must be sent to
the Kentucky Consular Center between October 2 and Novermber 1, 2000.
The
following is the Federal Register Notice: HTML
or PDF (124kb).
LCA
Faxback System Malfunctioning (08-02-2000) [Top]
Both the San Francisco and Philadelphia DOL offices that receive
LCA faxback filings have been experiencing technical problems.
These problems have delayed the endorsement of LCAs by approximately
three weeks.
H-1B
Cap Reached (07-25-2000) [Top]
INS has advised that the H-1B cap for fiscal year ending September
30, 2000 has been reached. Cases with a filing date of March 17,
2000 or earlier would now have been adjudicated. INS has indicated
that 29,500 H-1B cap-cases are currently pending. INS will announce
procedures to begin the adjudication of these cases with a start date
of October 1, 2000.
Adjustment
of Status and Consular Processing (06-21-2000) [Top]
In response to an inquiry concerning filing an I-824 (request to
transfer an approved employment-based petition to a consulate abroad)
when there is a pending adjustment of status application at a service
center, INS stated that they view these two processes as mutually exclusive.
Upon discovering that a case has been sent abroad, INS stated that it
will assume that the adjustment of status application has been abandoned.
Visa
Lottery (06-21-2000) [Top]
The Department of State has announced that the period for submitting
entries for the fiscal 2002 Diversity Visa Lottery will be October 2,
2000 to November 1, 2000. Additional instructions will be issued
in August.
H-1B
Cap Case Processing (06-06-2000) [Top]
INS has now instructed the Service Centers to process H-1B cap cases
with a filing date up to March 10, 2000.
H-1B
Cap Case Processing (05-19-2000) [Top]
INS has instructed the Service Centers to process H-1B cap cases with
a filing date up to March 2, 2000. Once all four Service Centers
have processed cases to this date, INS will reassess where it stands
with respect to the H-1B cap.
H-1B
Cap Case Processing (05-11-2000) [Top]
INS HQ has instructed the Service Centers to process H-1B cap cases
with a filing date of February 25, 2000 or earlier. INS wishes
to keep all the Service Centers processing cases at the same pace so
that companies in one jurisdiction are not advantaged or disadvantaged
over other companies in other jurisdictions. February 25, 2000
is not necessarily the cut-off date for the H-1B cap.
Once
all four Service Centers reach this date, INS will again review the
cap situation and determine the next date to which reviewing can continue.
INS has urged the Service Centers to work on non-cap H-1B cases, especially
the California Service Center, which has fallen significantly behind
in the processing of non-cap cases.
Pause
on H-1B Cap Cases Ends (05-01-2000) [Top]
According to the INS Director of Service Center Operations, the pause
on H-1B cap cases that was imposed two weeks ago ends today. The
Service Centers are being instructed to process H-1B cap cases with
a filing date up to February 18, 2000. Apparently, only the California
Service Center and the Vermont Service Center will be processing H-1B
cap cases, as the Texas Service Center and the Nebraska Service Center
have already reached this date.
Pause
on H-1B Cap Cases (04-21-2000) [Top]
The INS has paused the processing of H-1B cap cases this week and will
continue this pause for "a couple more working days."
The pause allows for "better management control" of the count
and "better inventory control at the slower Service Centers"
for all H-1B cap cases.
In
the meantime, the service centers are processing non-cap cases.
The CSC has processed cases filed on November 23, 1999 and is now processing
non-cap cases filed in December 1999. The CSC's goal is to begin
adjudicating cases filed in the year 2000 by the early part of next
week.
CSC
Liaison Meeting Rescheduled (04-20-2000) [Top]
The California Service Center Liaison Meeting, which had been scheduled
for May 10, 2000, has been rescheduled to May 23, 2000. Highlights
of the meeting will be posted after May 23, 2000.
Conversion
of Non-Waiver to R.I.R. Cases (04-20-2000) [Top]
Department of Labor is projecting that the regulation to allow Non-Waiver
cases to be converted to R.I.R. may be in effect as early as July 2000.
China
EB-2 Retrogression - False Alarm (04-13-2000) [Top]
The State Department has announced that there will NOT be a further
retrogression in May, as previously anticipated, for the China Second
Preference Employment-Based visa numbers due to some unexpected spill-down
from unused family numbers.
China
EB-2 to Further Retrogress (04-11-2000) [Top]
The State Department is projecting that China Employment-Based Second
Preference will "seriously" retrogress in May, to a date that
will be earlier than the date for China Employment-Based Third Preference.
The
State Department is projecting that India Employment-Based Preferences
will not retrogress any further at this time.
"Magic
Words" for the I-129 (04-11-2000) [Top]
INS has advised that "10-01-2000 or earlier" may be written
on Form I-129 under the start date. This phrase would potentially
allow an I-129 petition to be processed with a start date earlier than
October 1, 2000, in the event that Congress allots more H-1B numbers
for the Fiscal Year 2000.
Highlights
from the March 16, 2000 teleconference with DOL and AILA (04-11-2000)
[Top]
The Department of Labor (DOL) announced that it was processing
Non-Waiver Labor Certifications received October 2, 1996 and R.I.R.
Labor Certifications received November 26, 1999. There has been
little progress on processing Permanent Labor Certifications since November
1999, because DOL has been experiencing data-entry problems with these
cases.
The
proposal to permit conversion of Non-Waiver Labor Certification cases
to R.I.R. remains "pending" at the National Office.
H-1B
Cap for Fiscal Year ending September 30, 1999: KPMG Count Analysis (04-11-2000)
[Top]
KPMG has ascertained that the number of petitions approved and applied
to the Fiscal Year ending September 30, 1999 cap falls within a range
of 136,888 to 138,385. Thus, according to the KPMG estimated range,
INS approved between 21,888 and 23,385 petitions in excess of the 115,000
cap for the Fiscal Year 1999.
H-1B
"Recapture Time" (04-03-2000) [Top]
Prior to August 1999, when an alien sought to extend an H-1B
visa status beyond the six-year limit, one could recapture any time
spent outside the United States. Since August 1999, there are
new guidelines. Generally, if an alien continues any relationship
with his H-1B employer, the alien will be ineligible to recapture H-1B
time spent outside the United States. However, since this position
by the INS seems to contradict H-1B Regulations, INS Headquarters is
reassessing its position.
H-1B
Cap Adjudication (04-03-2000) [Top]
As of April 1, 2000, INS will be accepting and adjudicating
H-1B cap cases that have requested a starting date of October 1, 2000
or later. These cases of course will be processed after the current
pending cases.
H-1B
Cap - Federal Registry Notes (03-21-2000) [Top]
As of February 29, 2000, INS had recorded 74,300 approved petitions
as well as 45,000 pending petitions against the 115,000 cap for the
fiscal year 2000. Therefore,
sufficient pending petitions exist in the pipeline to satisfy the cap.
Any petition filed on or after March 21, 2000 that is requesting
a start date of before October 1, 2000 will be rejected.
Thus, no H-1B visa petition subject to the cap can be filed at
this time; however, on or after April 1, 2000, H-1B cap petitions may
be filed provided that the start date is on or after October 1, 2000.
It would appear that any cases filed after March 1, 2000 will
be processed with a start date of October 1, 2000, unless Congress increases
the cap.
The
INS Commissioner has also extended the duration of stay for certain
F-1 and J-1 visa holders if a timely request for change of status to
an H-1B has been filed prior to October 1, 2000.
H-1B Cap Reached (03-17-2000)
[Top]
The INS General Counsel has advised that the H-1B cap for the fiscal
year 2000 has been reached and that an official notice is expected to
be published in the Federal Register on Tuesday, March 21. Information
regarding the handling of pipeline cases will be addressed in the notice.
Employment-Based
India and China Numbers Retrogress in April (03-14-2000)
[Top]
As projected, the employment-based immigrant visa numbers for India
and China will retrogress in the month of April. Second Preference,
China will retrogress to July 1, 1997 and India will retrogress to January
1, 1999. Both China and India Third Preference visa numbers will
retrogress to January 1, 1997.
Employment-Based
India and China Numbers to Retrogress (03-09-2000) [Top]
According to Charles Oppenheim of the State Department, employment-based
second and third preference immigrant visa numbers for India and China
WILL retrogress in April. The State Department has not yet announced
how far back the numbers will retrogress. More information is
expected to be released by the week of March 13.
H-1B
Cap Status (03-09-2000) [Top]
INS is continuing to adjudicate H-1B petitions for this fiscal year.
As of February 15, 2000, INS had recorded approximately 67,000 H-1B
approvals against the 115,000 cap. Approximately 44,000 H-1B petitions
are pending. Until INS adjudicates the pending petitions, INS
is unable to indicate the number of pending petitions that will be approved
and be subject to the cap. Once INS determines that the cap of
115,000 has been reached, it will publish a notice in the Federal Register.
H-1B
Bill Introduced in Senate (02-21-2000)
[Top]
Senator Orin Hatch (R-UT) and Senator Spencer Abraham (R-MI) along
with 17 other Senators have introduced S. 2045, the American Competitiveness
in the 21st Century Act. This bill would increase the H-1B cap
from 115,000 to 195,000 for the current and the following two fiscal
years. Exempt from the cap would be both employees of higher educational
institutions and research institutions as well as foreign students graduating
from U.S. schools with Masters or Ph.D. degrees. This bill would
permit excess employment-based immigrant visa numbers to be used by
nationals from oversubscribed countries. In addition, the bill
would extend nonimmigrant status to those individuals affected by the
backlog in visa numbers who would be reaching their six-year maximum
stay. This bill would also allow an H-1B nonimmigrant who is changing
employer to begin employment with his new sponsoring employer upon filing
the H-1B petition.
H-1B
Cap is Approaching (02-21-2000)
[Top]
According to Linda Dodd-Major, INS is very close to reaching the
H-1B cap for this fiscal year. Contrary to its announcement earlier
this month, INS now states that it will only publish its notice in the
Federal Register when it believes that the 115,000 limit has been reached.
Thus, INS will NOT issue a 30-day notice.
H-1B
Numbers Still Available (02-12-2000) [Top]
As of January 31, 2000, INS had NOT received enough H-1B petitions,
which include both approved and pending cases, to reach the H-1B cap
for this fiscal year ending September 30, 2000. When INS determines
that the H-1B cap will be reached in 30 days, it will issue a notice
in the Federal Register. It is likely, however, that when INS
issues the notice, the cap will be reached before the 30 days.
Note that INS is referring to cases that are filed, not approved.
Employment-Based
Visa Numbers to Remain Current (02-12-2000)
[Top]
According to Charles Oppenheim of the State Department, employment-based
immigrant visa numbers will NOT retrogress in March, as previously projected.
However, it is believed that in April, employment-based visa numbers
for both India and China will retrogress to July 1999 levels.
Due to an increase in demand on family-based visas, Mr. Oppenheim anticipates
that family-based second preference cases will slow, stop or even retrogress
in the coming months.
Employment-Based
Adjustment Application Approvals (02-06-2000) [Top]
The California Service Center has started to approve Employment-Based
Adjustment Applications - it appears that these approvals are for cases
where the FBI clearances were going to expire in the very near future,
i.e. within the month of February 2000.
Fingerprint
Notices for "Old Chinese Cases" (02-06-2000) [Top]
California Service Center has started to send out fingerprint notices
for the "Old Chinese Cases" that had been filed in the fall
of 1997 and that have remained pending due to the retrogression of visa
numbers at the end of 1997 and the expiration of the FBI clearances.
Labor
Certification Processing Times in S.F. (02-06-2000) [Top]
Processing times for Permanent Residence Labor Certifications pending
with the Department of Labor in San Francisco are as follows:
RIR
Cases - 11-17-1999
Non-RIR Cases - 09-16-1996
New
Addresses for Visa Revalidation and Reissuance (02-02-2000)
[Top]
The Department of State Visa Office has changed the postal service
and courier service addresses for the filing of new visa revalidation
and visa reissuance applications.
Postal
Service
US Department of State/Visa
P.O. Box 952099
St. Louis, MO 63195-2099
Fax: (202) 663-1608
Courier
Service
US Department of State/Visa (Box 2099)
1005 Convention Plaza
St. Louis, MO 63101-1200
Fax: (202) 663-1608
Incomplete
cases or prior refusals being returned to the Visa Office with the additional
documentation necessary to continue processing should be sent to the
address below. Please note that these cases will be treated by
the Visa Office as new applications and, thus, will start at the beginning
of the reissuance process.
Department
of State
CA/VO/PD
2401 E Street, N.W.
Room L-701
Washington, D.C. 20522-1016
H-1B
Processing Backlogs (01-21-2000) [Top]
As of January 19, 2000, the Nebraska Service Center was apparently
adjudicating H-1B visa petitions received on November 3, 1999.
Visa Number Availability
for Employment-Based Cases in February 2000 (01-14-2000)
[Top]
Employment-based visa numbers for 1st, 2nd and 3rd preference world-wide
remain current in February 2000.
H-1B Visa Numbers Still Available (01-14-2000)
[Top]
Although the Immigration and Naturalization Service has not advised
as to the number of H-1B visa petitions approved during this fiscal
year (since October 1, 1999), the INS is indicating that the H-1B visa
numbers have not yet been exhausted and that numbers may remain available
until March 2000. However, it is unclear whether this March date
refers to cases filed in March; it likely means adjudications in March
2000.
LCA
Faxback in Philadelphia Working Again (01-14-2000)
[Top]
The LCA faxback system in Philadelphia has been non-operational since
January 7, 2000. Apparently, LCAs faxed since January 3, 2000
are in the system, but have not been processed. The faxback system
is now operational and the process of clearing out approximately 2,500
LCAs has resumed. DOL expects to be current by the week of January
21, 2000.
Processing of H-1B Petitions at the Nebraska Service
Center (01-14-2000) [Top]
H-1B petitions (cap cases) receipted November 2, 1999, are being
adjudicated at NSC as of January 13, 2000. Non-cap H-1B petition
cases are being processed with receipt dates of November 1 or earlier.
Updates from the California Service Center Liaison
Meeting (01-12-2000) [Top]
The following will outline some of the highlights of the CSC meeting
held on January 12, 2000:
-
Processing
Times
-
Adjustment
Applications
-
The
adjudication of adjustment applications will now be resumed,
pending staff availability. However, the Center Director
indicated that she hopes to process 17,000 of the pending adjustment
applications by September 30, 2000.
-
Fingerprint
notices should start to be mailed again in February / March
2000 for adjustment cases filed in July 1999 and onwards.
Notices should also be generated for those cases where the fingerprints
have either expired or have been rejected.
Prediction
for Employment-Based Visa Number Availability (01-06-2000) [Top]
The U.S. State Department has indicated that employment-based immigrant
visa numbers for India and China born are expected to remain current
in February 2000. However, in March 2000, India 2nd and 3rd preference
visa numbers may retrogress to July 1999, whereas China will likely
remain current.
CIA Check Eliminated (11-30-99)
[Top]
The adjudication of adjustment of status applications filed after
August 31, 1998 will no longer need to await a CIA security clearance
check. The CIA checks will now be done on a post-audit basis.
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