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Permanent
Residence Cards With No Expiration Date (12-20-2007) [Top]
On August 22, 2007, USCIS published a
proposed regulation in the Federal Register, which once implemented,
would require lawful permanent residents to replace permanent residence
cards (Form I-551), which have no expiration date.
This proposed regulation is currently under
review. At this time, it is not known when the review will be finished
and the final rule published. In the interim, these cards continue to be
valid.
Once the final rule is published in the
Federal Register, it will explain the processes to replace these green
cards with no expiration date.
Individuals who hold these permanent
resident cards with no expiration date may replace the cards now, but
there is no requirement to do so.
USCIS believes that
the replacement of these cards is vital to the security of the
immigration process. New cards would provide an opportunity to update
the photograph and biometrics on the card. It would also provide the
cardholder with a card containing greater security features and remove
from circulation different versions of the same card.
Increase In Application Fees for Non-Immigrant
Visas (12-19-2007) [Top]
Effective January 1, 2008, the application fee for a U.S.
nonimmigrant visa will increase from $100 to $131. This increase will
allow the department to recover the costs of security and other
enhancements to the non-immigrant visa application process. This
increase applies to non-immigrant visas issued on machine-readable foils
in passports and to border crossing cards issued to certain applicants
in Mexico.
Applicants who paid the prior $100 application fee before
January 1, 2008 will be processed only if they are scheduled and appear
for a visa interview before January 31, 2008. Applicants who paid the
prior $100 application fee and appear for visa interview after January
31, 2008 must pay the difference ($31) before they will be interviewed.
Retrogression/Limited Progression of Immigrant
Visas (12-12-2007)
[Top]
The Visa Bulletin published for January 2008 indicates that employment
based immigrant visa numbers are backlogged for the second preference
category for China (Jan 1, 2003) and India (Jan 1, 2000), as well as
third preference category for all countries (Oct 15, 2002), China (Nov.
1, 2001), India (May 1, 2001), Mexico (Apr 22, 2001), and Philippines
(Oct 15, 2002).
India
employment based second preference cut-off date has retrogressed two
years as a result of heavy applicant demand for numbers by USCIS for
adjustment of status cases. The State Department is projecting that the
annual limit for this category will be reached within the next few
months, at which time the category would become “unavailable” for the
remainder of fiscal year 2008 i.e. until
September 30, 2008.
New PIMS (Petition
Information Management System) (12-11-2007) [Top]
Under PIMS, I-129
petitions requesting consular notification are sent to KCC (Kentucky
Consular Center) after approval by USCIS.
KCC enters key data from the petition into
PIMS and scans in key documents such as I-129 form, employer support
letter, and identification documents of beneficiary. KCC also performs
some database checks searching for evidence of fraud, violations, or
other adverse history and records; KCC notes its findings in PIMS.
When a consular post is ready to issue a
visa, it must verify the petition in PIMS. If a consular post does not
find a petition in PIMS, it must email KCC, which has direct access to
USCIS CLAIM3 system where USCIS records petition approvals. KCC will
record the fact of petition approval and any other information, so when
posts check PIMS they can find the information on which visa issuance
can be based. Until the consular post sees the petition in PIMS, the
visa cannot be issued.
It appears that the PIMS effort is funded
significantly with the proceeds of the H and L fraud fee.
DOS (Department of State) states that KCC is
responding to consular posts within 48 hours and usually within hours,
but occasionally the wait is two or more days. Thus, a visa applicant
should prepare for additional delays in the issuance of a visa at a U.S.
Consulate abroad.
USCIS UPDATE ON SECURITY CHECKS (12-05-2007) [Top]
The USCIS announced that it is working with the FBI to
process name checks as quickly as possible. At this time, the following
has been done to address the problem of lengthy security checks:
-
USCIS and FBI
conducted a joint risk assessment which resulted in process
improvements that permit to focus on cases of concern;
-
USCIS and FBI have
allocated additional resources to the process. Over the next year,
USCIS is planning to commit a total of $15.5 million to address the
backlog of FBI name checks.
However, no case will be approved without a cleared name
check. USCIS continues to require FBI came checks for the same
categories of applications.
Updated Form I-9 (Employment
Eligibility Verification) (11-28-2007) [Top]
On
November 26, 2007, USCIS published an amended Employment Verification
Form in the Federal Register:
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=273021228924+1+0+0&WAISaction=retrieve
This new version of Form I-9 (Revision
June 5, 2007) must be
used after December 26, 2007 for all new hires or for re-verification of
current employees.
A new employer handbook is also available online:
http://www.uscis.gov/files/nativedocuments/m-274.pdf.
USCIS Processing Times [Top]
In July and August 2007, the USCIS received 2.5 million
applications and petitions of all types. During the same period last
year, only 1.2 million applications and petitions were received.
The USCIS is working on improving the processes and is hiring
new employees to address this workload.
As a result, average processing times for certain application
types may be longer. Naturalization applications filed after
June 1, 2007 may take
approximately 16-18 months to process.
USCIS encourages the use of informational services on its
website
www.uscis.gov. One may create and monitor a profile in the Case
Status Online system. USCIS will continue to provide additional
information on application times as it becomes available.
New Rule for I-485 Applicants for Return to U.S. [Top]
As of November 1, 2007, USCIS has removed its requirement that
certain H and L nonimmigrants returning to the
United States
after a trip abroad present a receipt notice for filing an I-485. USCIS
recognizes that it is not always able to timely issue and mail receipt
notices for adjustment of status applications (I-485). USCIS also
acknowledges that this document presentation requirement is unnecessary,
since this information is available to DHS online.
USCIS notes that most I-485 applicants must obtain permission
to travel abroad (Advance Parole) prior to the trip. USCIS confirms
that these applicants must obtain the Advance Parole prior to
leaving the U.S.; if these applicants leave the U.S. without Advance
Parole, the I-485 is automatically abandoned (8CFR Section 245 2(a)(4)(ii)(A)
and (B).
However, some I-485 applicants, who do not need Advance
Parole to return to the
U.S., are permitted to
maintain a nonimmigrant status while they seek to obtain permanent
resident status. Such H-1 and L-1 visa holders (including dependent
applicants) must demonstrate at the port of entry that they:
-
Remain eligible for
H-1/H-4 or L-1/L-2 visa status; and
-
Possess a valid
H-1/H-4 or L—1/L-2 visa stamp (if needed).
USCIS Updates (10-24-07) [Top]
During a question and answer session between the American
Immigration Lawyers Association (AILA) and the USCIS Office of
Communications, the following clarifications were made: USCIS received
over 320,000 adjustment of status (I-485) applications due to the July
2007 visa bulletin. Additionally, more than 400,000 applications for
EADs and Advance Paroles were received. USCIS intends to process EAD
applications within 90 days of filing.
Additionally, USCIS also received over 500,000 applications
for naturalization in July and August 2007, compared to the usual
average number of 70,000 applications per month.
USCIS expects that Premium Processing Service for I-140,
Immigrant Visa Petition of Alien Worker, will remain suspended until the
front log of cases have completed the data entry.
USCIS revisited the issue of departure while an application
for adjustment of status is pending. USCIS confirmed that if an alien
leaves the U.S.
on a current H-1/L-1 visa, after filing an adjustment of status
application (I-485), he/she must possess an original Receipt
Notice (I-797) for the filing of the I-485 or the application for
adjustment of status will be treated as abandoned. This is pursuant to
the Immigration Regulation: 8 C.F.R. section 245.2(a)(4)(ii)(C).
2009 Diversity Visa Lottery Program Registration (10-04-2007) [Top]
Applications for the 2009 Diversity Visa Lottery are being accepted from
October 3, 2007 to December 2, 2007. See the following link for details
and how to apply:
http://travel.state.gov/visa/immigrants/types/types_1318.html.
Natives of Hong Kong, Taiwan and Macau SAR are eligible to apply.
Natives of the following countries are not eligible to apply:
Brazil, Canada, China (mainland born), Colombia, Dominican Republic,
Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico,
Pakistan, Peru, Philippines, Poland, Russia, South Korea, United Kingdom
(except Northern Ireland) and its dependent territories, and Vietnam.
Immigration Security Checks (10-04-2007) [Top]
Immigration security checks are done to enhance national security and
ensure the integrity of the immigration process. Security checks involve
a three step process:
1.
Interagency Border Inspection System (IBIS) Name Check. The results of this check are usually available immediately. In some
cases, information found during an IBIS check will require further
investigation.
2.
FBI Fingerprint Check. Generally the results are available within 24-48 hours. If
there is a record match, the FBI forwards an electronic copy of the
criminal history to USCIS. Approximately 10% of checks uncover criminal
history.
3.
FBI Name Checks. Initial responses to this check generally take about two weeks. In
about 80% of cases no match is found. Of the remaining 20%, most are
resolved within six months. Less than 1% of cases subject to an FBI name
check remain pending longer than six months.
For most applicants, the process outlined above allows the USCIS to
quickly determine if there are criminal or security related issues in
the applicant’s background that affect eligibility for immigration
benefits.. Most cases proceed forward without an incident. Some cases
legitimately take months or several years to resolve. Every USCIS Office
performs regular reviews of the pending caseload to determine when cases
have cleared and are ready to be decided. USCIS does not share
information about the records match or the nature or status of any
investigation with applicants or their representatives.
USCIS Updates (10-02-2007) [Top]
At a recent AILA Conference, Michael Ayetes (USCIS Associate
Director, Operations) announced, that during the months of July - August
2007, USCIS had received approximately 800,000 employment based
adjustment applications (I-485s): 40,000 concurrently filed with I-140
petitions, 320,000 stand alone applications, and 400,000 dependent
applications.
Of the 140,000 annual
employment-based immigrant visas available, second and third preference
categories are allocated 57.2%. If most of the employment based cases
filed in July-August 2007 were second and third preferences, it could
take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or
before August 9, 2007 have been entered into the system, a number of
attorneys have not yet received receipt notices for cases filed at the
end of June and July 2007. Moreover, some cases initially filed in
Nebraska and transferred to Texas have now been forwarded to the Vermont
or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days
of receipt. The processing of Advance Parole applications may be delayed
due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not
available at the time.
Non-Immigrant Visa Processing News (10-02-2007) [Top]
The State Department has indicated that applicants with DUI (Driving
Under the Influence) convictions will be referred to panel physicians
before the issuance of a visa.
Additionally, some American Consulates in Canada and Mexico may not
entertain applications by Third Party Nationals. This situation is
subject to constant change.
DOL Updates (10-02-2007) [Top]
The DOL announced on October 1, 2007, that the permanent labor
certification program backlog has been eliminated, with nearly 99% of
the cases completed and the remainder awaiting responses from
employers.
The BEC centers will be closed by December 2007; the staff will then be
transferred to the Chicago and Atlanta offices to handle PERM cases. It
is expected that DOL will then be in a position to issue more PERM case
audits and conduct more supervised recruitment in the future. Currently,
70-75% of PERM cases are decided within 90 days.
DOL is working on a new Form for
PERM
applications. The current form is scheduled to expire in March 2008.
Backlog Elimination Centers Update [Top]
As of September 6, 2007, the DOL announced
that 351,000 cases had been completed. Of the remaining 11,000 (3.2%)
cases: 6,5000 were waiting for a response to a 30 or 45 day letter;
3,000 were waiting for a response to a Notice of Findings and 1,500 were
in process of various final actions and moving between various queues.
The BECs are staying open beyond September 30, 2007 to complete current
cases.
DOL noted that certifications may take
approximately 30 days to be received, as DOL has instituted a quality
assurance step after an LC has been certified.
Receipt Notices Issuance [Top]
USCIS announced that due to the number of
applications filed since early July 2007, processing of fee payments and
entry of cases into the tracking system is behind schedule. Therefore
issuance of Receipt Notices has been delayed.
USCIS will honor the actual date that an
application is received in the mailroom. The date will be indicated on
the receipt. Until the situation with delays is resolved, USCIS will
provide weekly updates on the progress in issuing receipt notices.
As of August 31, 2007, USCIS has completed
data entry and issued receipt notices for applications on or before
dates indicated:
Nebraska Service Center
Texas Service Center
Extension of Temporary Suspension of Premium
Processing for I-140 petitions [Top]
On
July 24, 2007, the USCIS announced that it has extended the temporary
suspension of premium processing service for I-140 petitions, which was
announced on June 27, 2007 and became effective on July 2, 2007.
The USCIS anticipates that it will not have the capacity for
premium processing of I-140s at this time. This suspension will continue
until further notice.
USCIS Reverses its Position on Processing of
Employment I-485s [Top]
On July 17, 2007, the USCIS announced that
it has reversed its July 2, 2007 announcement and is now accepting all
employment based adjustment applications whose priority dates are
current under the July Visa Bulletin #107.
The USCIS will be accepting these I-485
applications until August 17, 2007 to provide for the same filing window
as if July 2, 2007 Visa Bulletin had never been published.
The USCIS current fee schedule for these
I-485s will remain the same until August 17, 2007.
Department of State Update Regarding Immigrant Visa Numbers [Top]
The Visa Bulletin, published by the Department of State (DOS)
in the middle of June 2007, indicated that immigrant visa numbers for
all (first, second and third) employment based preference categories
would be current in the month of July 2007.
As a result of this publication concerning immigrant visa
numbers availability in July 2007, adjustment of status (I-485)
applications have been prepared for filing during the month of July
2007.
However, on
July 2, 2007, the DOS
has published an update regarding visa number availability. The notice
indicates that the sudden backlog reduction efforts by USCIS during the
month of June 2007 has resulted in the use of almost 60,000 employment
based visa numbers. Thus, employment based immigrant visa numbers are
now exhausted until October 1, 2007.
On July 2, USCIS also announced that since immigrant visa
numbers are now exhausted, all employment based adjustment of status
(I-485) filings on or after
July 2, 2007 will be
rejected. This action is unprecedented.
Each client of this office, in conjunction with his/her HR,
will need to decide whether to file the I-485 during the month of July
2007 based on the original published visa bulletin, knowing the case
will be rejected by the USCIS.
If the USCIS erroneously rejects a case and later a court
orders USCIS to accept I-485 applications filed in July 2007, at that
point, the case could be re-filed or re-filed when a visa number becomes
available.
Receipt Notices for Cap H-1B Visa Cases [Top]
On
April 12, 2007, USCIS conducted a random selection process to select a
sufficient number of H-1B petitions to reach the congressionally
mandated H-1B cap for fiscal year 2008. A number of cases not selected
during this process were returned. Some cases for which a receipt has
not yet been issued by the USCIS are now receiving notices, which
explain that the cases were not randomly selected but are being held for
possible (not guaranteed) adjudication in the event that the number of
cases initially selected for adjudication was insufficient.
The filing fees for these cases are not being cashed during
the time that the USCIS holds the petitions until these cases are
actually scheduled for adjudication.
DOL Data on PERM Labor Certifications [Top]
DOL announced that from
March 28, 2005 to June
1, 2007, a total of 204,280 PERM applications have been received. Of
these, 144,299 cases were certified; 39,976 cases were denied and 5,206
were withdrawn. Percentage wise: 77% of these cases were certified and
20% were denied.
From
October 1, 2006 to March 31, 2007, approximately 48,400 cases were
certified. The top five states for filing labor certifications were
California,
New York, New Jersey, Texas, and Florida. Alien beneficiaries
represented 169 different countries. The top countries of citizenship of
alien beneficiaries included India, China, Mexico, South Korea, Canada,
Philippines, United Kingdom Brazil and Ecuador. The top job titles
certified for permanent employment included Computer Software Engineers,
Computer Systems Analysts, Restaurant Cooks, Electronic Engineers,
Computer and Information System Managers, Financial Analysts, Market
Research Analysts, Electrical Engineers, Computer Programmers and
Mechanical Engineers.
USCIS Fees Increase (05-29-07)
[Top]
On
May 29, 2007, the USCIS announced that as of July 30, 2007 a new fee
structure will become effective.
The USCIS expects that the revenue from the new fee structure
will lead to a 20 percent reduction in average application processing
times by the end of fiscal year 2009 and will cut processing times by
the end of fiscal year 2008 for four key application types: the I-90
(renew/replace permanent resident card), I-140 (Immigrant Petition for
Alien Worker), the I-485 (Permanent Resident Application) and the N-400
(Naturalization). These four application types represent one-third of
all applications filed.
The filing fee for I-129 will be $320.00 ($190.00 currently);
the I-140 fee will be $475.00 ($195.00 currently); the I-485 fee will be
$1,010.00 (currently $325.00) for an adult; $600.00 ($225.00 currently)
for a child younger than 14 years of age and filing with at least one
adult; and for an adult of 79 years of age or older $930.00.
The I-485 fee will include the cost of work permit and
advance parole processing and any extensions in the future.
If an applicant files an I-485 (adjustment of status
application) prior to July 30, 2007, he/she will need to continue paying
filing fees for any work permit/advance parole applications.
An applicant who files an I-485 after
July 30, 2007, will not
have to pay the filing fees for work permit and advance parole
applications, as these fees are included in the new adjustment of status
application fee.
Changes Related to Labor Certification Applications (05-22-2007) [Top]
On
May 17, 2007, the Department of Labor published final regulations with
respect to labor certification substitutions, validity and fees. These
regulations will be effective July 16, 2007.
The practice of substituting alien beneficiaries on all
previously approved/or approved in the future labor certifications will
no longer be available as of
July 16, 2007.
Additionally, an approved Labor Certification at this time is
valid indefinitely. However, as of
July 16, 2007, an
approved Labor Certification will only be valid for 180 calendar days.
Thus, any Labor Certification approved prior to July 16, 2007 will only
be valid to support an I-140 filing within 180 days. Any approved Labor
Certification issued after July 16, 2007 will be valid for 180 calendar
days from the date of approval, to support the filing of I-140.
Any request for modification/amendment to a
PERM application will
not be accepted. If a mistake is made on a PERM Labor Certification
Application, the application must be withdrawn and re-filed.
As of
July 16, 2007, an
employer must not seek nor receive payment of any kind for any activity
related to obtaining a labor certification, including payment of
attorney’s fees. An alien may only pay his/her own attorney. Where an
attorney is representing both the employer and the alien, the employer
must pay the legal costs. Evidence that an employer has sought or
received payment from any source in connection with a Labor
Certification shall be a ground for investigation.
No Premium Processing for some I-140s
(05-22-2007) [Top]
Due to the volume of I-140 petitions requesting labor
certification substitutions that are anticipated to be filed prior to
July 16, 2007, USCIS cannot reasonably guarantee premium processing (15
calendar days) of such cases. Thus the USCIS announced on
May 17, 2007, that as
of May 18, 2007, Premium Processing for I-140 petitions requesting labor
certification substitutions is terminated.
H-1B Visa Cap Reached for U.S. graduates with
advanced degrees (05-08-07) [Top]
On May 4, 2007, USCIS announced enough
H-1B visa petitions for “foreign workers who have earned a master’s
degree or higher from a U.S. institution of higher education” had been
received to meet the congressional limit of 20,000 for fiscal year 2008.
USCIS determined the cut off date to be
April 30, 2007.
Petitions received on or after May 1, 2007 will be rejected unless the
petition is otherwise eligible for a separate cap.
H-1B visa petitions received on
April 30, 2007, subject
to 20,000 cap, will be subjected to a random computer generated
selection process. USCIS will process only those petitions randomly
selected and will return petitions not selected along with the filing
fees.
The earliest that a petition subject to the 20,000 cap may be
filed for fiscal year 2009 (i.e. a start date of
October 1, 2008) is
April 1, 2008.
H-1B
Visa Petition Receipts (05-03-2007) [Top]
The USCIS announced
that it expects to complete the issuance of H-1B Receipt Notices for cap
cases by May 11, 2007.
This office expects to receive these Receipt Notices by approximately
May 18, 2007.
Approximately 110 H-1B
Visa Numbers left (05-01-2007) [Top]
As of April 30, 2007, approximately 110 H-1B visa numbers
remain of the 20,000 visas for U.S. graduates with advanced degrees.
More specifically, a total of 19,887 petitions had been
filed: 9,078 petitions were approved; 10,787 petitions were pending, 22
petitions were yet to be receipted.
H-1B Visa Cap Numbers almost exhausted for
U.S.
Graduates (05-01-2007)
[Top]
Approximately, 300 H-1B visa numbers remain as of April 26,
2007, out of 20,000 for U.S. graduates with advanced degrees.
More specifically, a total of 19,673 petitions had been
filed: 8,420 petitions were approved; 10,640 petitions were pending, 613
petitions were yet to be receipted.
H-1B Visa Cap Numbers for U.S. Graduates (04-30-2007)
[Top]
Approximately, 800 H-1B visa numbers out of 20,000 for
U.S. graduates with
advanced degrees are still available.
More specifically, as of April 25, 2007, a total of 19,172
petitions had been filed: 7,982 petitions were approved; 10,717
petitions were pending, 473 petitions were yet to be receipted.
H-1B Visa Numbers Almost Exhausted (04-24-2007)
[Top]
As of
04-18-2007, USCIS had
received approximately 17,969 H-1B visa petitions for US graduates with
MS degrees or higher. Thus with 13 days of filing, approximately 1382
cases were received each day.
As of
04-21-2007, USCIS
received 18,649 H-1B visa petitions. In the two most recent days of
filing, approximately 680 petitions were filed or 340 cases per day.
Approximately 1351 numbers remain as of
04-21-2007. It would
appear that based on the rate of filing as of the end of last week, the
H-1B visa numbers for US graduates with advanced degrees may be
exhausted in 4 business days i.e. 04-26-2007??? However, the number of
cases filed seems to be diminishing, so numbers may last until next week
H-1B Visa Cap Numbers (04-24-2007) [Top]
As of
April 2, 2007, the H-1B
visa cap was reached for fiscal year starting October 1, 2007.
Whereas H-1B visa numbers (20,000) for
U.S. graduates with
advanced degrees are still available. As of April 18, 2007, a total of
17,969 petitions had been filed: 6,655 petitions were approved; 5,078
petitions were pending, 6,236 petitions were yet to be receipted.
H-1B Visa Cap Update (04-16-2007) [Top]
USCIS has reported that the random selection lottery was conducted on
04-12-2007.
Those selected will receive receipts. USCIS has cautioned that if a
receipt was received for an H-1B visa petition cap case prior to
04-12-2007 – the receipt is NOT evidence that the case was selected.
Processing H-1B Visa Petitions (04-13-2007) [Top]
USCIS announced that the H-1B random number generator is
being run April
12, 2007. Additionally, the adjudication of non-U.S. Master’s degree
cap subject H-1B visa petitions will not begin prior to April 13, 2007.
Thus, any approval notices for a non-U.S. Master’s degree case subject
to the cap, received prior to April 13, 2007, would need to be verified
with the Premium Processing Unit or the National Customer Service
Center.
NOTE: This office received electronic approvals on
April 12, 2007 for H-1B
visa petitions filed on behalf of
U.S.
master’s degrees beneficiaries.
H-1B Visa Cap Numbers (04-11-2007) [Top]
USCIS has announced that on April 2 and
April 3, 2007, approximately 133,000 unique pieces of mail containing
H-1B visa petitions were received, which is lower that the original
estimate of 150,000. Each piece of mail may contain more than one H-1B
petition. It will take USCIS a substantial amount of time to open and
sort through the volume of mail. USCIS has not yet provided a time
estimate.
As of April 09, 2007,
approximately 119,093 of the cases sorted were H-1B petitions subject to
the fiscal year 2008 cap. However, on April 2nd and April 3rd, USCIS
had only received 12,989 H-1B visa petitions exempt from the cap (i.e.
H-1B petitions filed on behalf of US graduates holding at least a
master's degree). Thus, USCIS announced that the cap for exempt
petitions had not been reached on the first two days of filing.
USCIS will continue to provide regular updates on the processing of H-1B
petitions.
H-1B Visa Cap Reached
(04-03-2007) [Top]
On
April 3, 2007, USCIS announced that approximately 150,000 cap-subject
H-1B visa petitions had been received as of late April 2, 2007. Thus,
the H-1B cap for the fiscal year starting 10-01-2007 had been reached.
As a result, the USCIS will use a random selection process
for all cap-subject filings received on
April 2, 2007 and April
3, 2007. USCIS will reject and return all petitions, along with filing
fees, received on those days that are not randomly selected, as well as
all cases received on or after April 4, 2007.
USCIS must perform initial data entry for all filings
received on April 2 and
April 3, 2007 prior to
conducting the random selection process. Considering the high volume of
filings, USCIS will not be able to conduct the random selection for
several weeks.
In order to utilize its data entry and initial processing
capacity, USCIS may choose to distribute filings received at one service
center to other service centers for data entry. In this event, the
petitioners may receive receipt notices or other correspondence from a
service center other than the one to which the H-1B petition was
originally submitted.
However, USCIS does not know how many of H-1B visa petitions
have been received which are eligible for the 20,000 H-1B visa numbers
for aliens with
U.S.
earned Master’s or higher degrees. These petitions are mixed in with the
cap-subject petitions received on April 2 and 3. USCIS will make a
future announcement regarding these petitions.
USCIS Clarifies issues for
extensions of stay for H-1B/L-1/H-4/L-2
(03-27-2007) [Top]
The USCIS published a Memo by Michael Yates addressing
several issues concerning periods of stay for H-1B/H-4 and L-1/L-2, as
well as extensions of stay.
The Memo clarifies that the time spent in H-4/L-2 status does
not count against the maximum allowable stay in H-1B/L-1 status. For
example an alien may stay on H-4/L-2 for six or five years respectively,
and then change status for another six years on H-1B or five/seven years
on an L-1B/A.
The Memo also clarifies that an alien who was in the United
States in valid H-1B status for less than 6 years and then left the U.S.
for more than one year may apply for the remaining balance of six years
for the H-1B visa and thus not be subject to the H-1B cap. The same
alien has the option to apply for a new H-1B (with a new six-year
limit), but this petition would be subject to the H-1B cap.
The memo now also recognizes that an alien may apply for a
seventh year H-1B visa extension, whether currently abroad or in the
United States
and regardless of currently holding H-1B visa status.
Tuberculosis (TB) skin tests (03-27-2007) [Top]
The USCIS confirmed that the regulations require that the
results of a tuberculin skin test be submitted for all adjustment of
status applicants. An applicant whose TB skin test result is positive,
would also require a chest X-ray exam. Providing only a chest X-ray
exam, without the TB skin test, is not acceptable.
USCIS Transfers I-485 Cases to NSC and TSC (03-12-2007) [Top]
The USCIS announced
that in anticipation of the next phase of Bi-Specialization, Adjustment
of Status Applications (I-485) are being transferred from the California
Service Center (CSC) to the Nebraska Service Center (NSC) and from the
Vermont Service Center (VSC) to the Texas Service Center (TSC). This
transfer has included cases subject to visa retrogressions and
security/background checks. The transferred cases will go into the queue
based on the original filing date. Transfer Notices will be sent and the
USCIS online system will be updated when a transfer occurs.
H-1B
Visa Cap Speculation (03-12-2007) [Top]
There is speculation that the H-1B visa cap may be reached
within the first day or the first two days of filing. There is no way to
confirm if this speculation could be true.
The USCIS has advised that there is no advantage to
submitting an H-1B petition for delivery on
Saturday, March 31,
2007, as all petitions delivered on Saturday will be processed on
Monday, April 2, 2007.
A petition for a cap-subject alien received on Friday, March 30, 2007 will be rejected. If a sufficient number of petitions to exhaust the
quota is received on the first day, i.e.
April 2, 2007, the
USCIS will apply the “random selection” lottery to petitions received on
the first and second days.
New USCIS filing instructions (03-07-2007)
[Top]
Effective April 2, 2007, all Forms I-129 and I-539 are to be
filed directly with the California Service Center or the Vermont Service
Center, whichever is applicable.
The USCIS is requiring
that customers file their petitions/applications directly with the
Service Center based on the place of employment or place of residence.
The center where the petition/application is filed will generate the
receipt notice and complete the adjudication. This is a streamlining of
the Bi-Specialization process which previously required that
applications and petitions be filed at one centralized location and
subsequently distributed to another service center for issuance of a
receipt notice and final case processing.
Updates from DOL (Department of Labor) (02-07-2007)
[Top]
DOL confirmed that
362,000 cases were transferred to the two Backlog Elimination Centers (BEC)
in Dallas and Philadelphia. As of January 25, 2007, these two BECs had
reduced the backlog by 67 percent, which means approximately 119,460
cases remain pending. However, the elimination of the backlog is still
scheduled for September 30, 2007.
DOL Extends Deadline to Request RIR Conversion “Hold Harmless
Opportunity” (01-10-2007)
[Top]
The DOL extended the
deadline to provide notification via e-mail of the request to convert a
TR case to an RIR case under “hold harmless” opportunity.
DOL announced
that the deadline to e-mail a request to the Backlog Elimination Centers
to take advantage of this opportunity will be extended to
Midnight EST on January 22, 2007.
RIR Conversion
Updates from DOL (01-09-2007)
[Top]
Recently, the
Department of Labor (DOL) issued additional information concerning the
RIR Conversion opportunity for Traditional (TR) Labor Certification
Applications which are pending at the Backlog Elimination Centers.
DOL now offers a
“hold harmless” opportunity for employers wishing to convert TR cases to
RIR cases. To use this opportunity, the employer must send an email with
specific language to the DOL prior to January 20, 2007 making a request
for RIR conversion. This email should also contain any needed
amendments. Once DOL receives this email, any processing of the case
(under TR) will be stopped. The RIR Conversion package must be received
by DOL no later than April 1, 2007. If an email requesting RIR
conversion is sent, but the RIR package is not received by DOL prior to
April 1, 2007, the case will be closed; the case will not revert to the
TR queue and the decision to close will not be subject to appeal.
Employers who do not
use this “hold harmless opportunity” prior to January 20, 2007, may
still request RIR conversion under the previous guidelines with the risk
that the TR case processing may start prior to the RIR Conversion
request is filed.
DOL has also provided more information on the type of acceptable
recruitment activities to request an RIR conversion:
-
One print ad in a
newspaper of general circulation or an appropriate national journal;
and
-
One other
additional step to be chosen from the following:
-
Job Fairs;
-
Employer’s web site;
-
Job search web site other than the
employer’s;
-
On campus recruiting;
-
Trade or professional organizations;
-
Private employment firms;
-
Employee referral program;
-
Campus placement office;
-
Local and ethnic newspapers; and
-
Radio and television advertisements.
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