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Archive for the ‘Agency Updates’ Category
Tuesday, June 15th, 2010
On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers. Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap. (more…)
Tags: 2011 Cap, H-1B
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Friday, June 11th, 2010
According to the Department of State July 2010 Visa Bulletin, based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
Worldwide: Current
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
Employment Fourth:
Worldwide: It may be necessary to establish a cut-off date for September.
Employment Fifth: Current
Tags: Visa Bulletin
Posted in Agency Updates, Green Cards | Click Here To Comment »
Thursday, June 10th, 2010
USCIS announced that on June 13, 2010, it will launch a redesigned E-Verify web interface. According to USCIS, the new design will have a clean and modern design, easy and intuitive navigation, and clear and simple language. The agency also stated that the improvements are aimed at enhancing the program’s security, accuracy and efficiency. The most notable changes are a new home page, case alert functionality, a new verification screen and enhanced case management features.
For more information on the redesign please visit the new resource we have added to our Worksite Compliance website or contact your Klasko Law attorney.
Posted in Agency Updates | 1 Comment »
Friday, June 4th, 2010
USCIS has been implementing new filing procedures for many petitions and applications filed at USCIS Service Centers. Instead of filing applications directly with the USCIS Service Centers (Vermont, Texas, Nebraska, or California), USCIS now requires many applications to be sent to a designated “lockbox” facility run by contractors, rather than USCIS. This has caused significant delays in receiving Forms I-797C, more commonly known as receipt notices.
USCIS lockboxes have received 4.3 million cases since October 2009. USCIS already has transitioned to using Lockboxes for many applications, including Form I-130 (Immigrant Petition for Relative), Form I-131 (Application for Travel Documents), Form I-485 (Application for Permanent Residence), Form I-765 (Application for Employment Authorization), Form I-824 (Application for Action on Approved Petition), and Form N-400 (Application for Naturalization). USCIS also has stated that it plans to transition to the Lockbox facilities for Forms I-140 (Immigrant Petition for Alien Worker) and Form I-526 (Immigrant Petition for Alien Investor). Therefore, applicants should expect delays in receiving Forms I-797C for these applications.
When the lockbox receives the application, it conducts an initial review of the application for completeness and processes the filing fees. There are three case resolution officers at each of the Lockbox sites. They review cases that are automatically rejected by system to see if there can be a resolution. The process should take about 24-48 hours between receiving package and forwarding to Service Center, but USCIS has acknowledged it is not always reaching this target timeframe. Klasko has experienced significant delays in receiving receipt notices for applications filed with a lockbox facility, which can now take as long as 4-6 weeks to receive.
The rejection rate for applications is approximately 10%. Rejected applications are sent back to the attorney of record if Form G-28 is filed. If there is no attorney involved, the application is returned directly to the applicant. Applications missing signatures, required data, or fees are the three most common reasons for rejection. Rejected packages are sent back to the applicant via Standard Mail, which can take 15 days or longer, so it is important that applications are filed correctly to minimize any delays.
USCIS has established a centralized Lockbox Support email address for filing issues that arise. If a problem is encountered, an applicant may send an inquiry on each problem case to lockboxsupport@dhs.gov and indicate the tracking information (tracking number, courier company, who signed for the packet, and date of arrival) for any packet submitted via courier or USPS, which has proof of delivery. Applicants and attorneys should give Lockbox Support up to five days to respond to the email before following up. USCIS has stated that its goal for responses to inquiry emails is two days.
For further information, contact your Klasko Law attorney.
Tags: USCIS Processing Delays
Posted in Agency Updates | Click Here To Comment »
Friday, June 4th, 2010
Department of Homeland Security (DHS) Secretary Janet Napolitano announced in late May that the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP) would be eliminated. By doing so, DHS hopes to streamline secure travel for millions of visitors travelling to the U.S. annually. The new process will consolidate the collection of traveler information and enhance security by automatically providing DHS with important passenger information prior to the visitor’s departure.
Tags: Agency Updates, I-94W, Visa Waiver Program
Posted in Agency Updates | Click Here To Comment »
Wednesday, May 26th, 2010
USCIS has updated its count of Fiscal Year 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of May 21, 2010, approximately 19,600 H-1B cap-subject petitions were receipted. USCIS has receipted 8,200 H-1B petitions for aliens with advanced degrees.
Tags: 2011 Cap, H-1B
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Tuesday, May 25th, 2010
On May 20, 2010, the Department of State published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on June 4, 2010.
The Department is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico.
The new, tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas.
Under the new schedule of fees, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140.
Applicants for petition-based visas will pay an application fee of $150. These categories include:
· H visa for temporary workers and trainees
· L visa for intracompany transferees
· O visa for aliens with extraordinary ability
· P visa for athletes, artists and entertainers
· Q visa for international cultural exchange visitors
· R visa for religious occupations
The application fee for K visas for fiancé(e)s of U.S. citizens will be $350. The fee for E visas for treaty-traders and treaty-investors will be $390.
Tags: NIV, Visa Fees
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Wednesday, May 12th, 2010
The December 11, 2009 Neufeld Memorandum regarding material changes in business plans is misguided and legally deficient in a number of respects. The issue of material change has arisen in many contexts, including nonimmigrant petitions and immigrant petitions. If a change is not material, nothing must be filed. If a change is material, an amended petition must be filed.
The Neufeld Memorandum states that a “new petition”, rather than an “amended petition”, must be filed. The distinction is critical. If an amended petition must be filed, the investor keeps his conditional permanent resident status. If a new petition must be filed, the investor must abandon his conditional permanent resident status. USCIS states that the investor can then readjust status but must incur a new two year conditional residence period. This is contrary to law, since INA§245(c)(7) prohibits such an adjustment of status.
The impact of this distinction is a serious one for the investor. It is even more serious for family members. USCIS states that, if a conditional resident spouse has been divorced, or if a conditional resident child has turned 21, the spouse or child cannot gain the benefit of the new I-526 petition. Presumably, the spouse or child is subject to removal from the U.S. This is wrong both as a matter of policy and as a matter of law.
The Neufeld Memorandum relating to material change should be rescinded or challenged.
Tags: EB-5
Posted in Agency Updates, EB-5 Investor Visas, Hot Questions | Click Here To Comment »
Tuesday, May 11th, 2010
USCIS announced that as of today, May 11, 2010, it would be begin to issue a newly redesigned permanent resident card, commonly known as a “green card”.
The redesigned card will offer a more secure format. USCIS encourages anyone who holds a permanent resident card without an expiration date to apply to replace their cards with the redesigned version.
Employers should also ensure that they are familiar with the new card as employees may be presenting this version as evidence of identity and employment authorization in relation to the Form I-9 and/or E-Verify.
Tags: Greencard, Lawful Permanent Resident Card
Posted in Agency Updates, Green Cards, Worksite Enforcement | Click Here To Comment »
Tuesday, May 11th, 2010
The Department of Justice’s (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices published best practices for employers and recruiters who post job ads on the internet. You can find the guidance on their website at: http://www.justice.gov/crt/osc/htm/best_practices.php.
The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all individuals, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.
The Civil Rights Division’s work addresses discrimination in education, employment, credit, housing, public accommodations, voting, state and local government programs, and certain federally funded and conducted programs. In addition, the Division prosecutes hate crimes, misconduct by public officials, human trafficking crimes, and criminal interference with those obtaining reproductive health services. The Division also coordinates enforcement efforts of federal agencies whose programs are covered by various civil rights laws, and it assists federal agencies in identifying and removing discriminatory provisions in their policies and programs.
Tags: Best Practices, DOJ, OSC
Posted in Agency Updates, Hot Questions | Click Here To Comment »
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