Posts Tagged ‘Hot Questions’

Pilot Program in Texas Speeds Some Green Card Decisions

Monday, June 22nd, 2009

Kweku from New Jersey just submitted a question about a pilot program at the USCIS Texas Service Center, which makes decisions in employment-based green card applications from residents of the Eastern United States:

Hi,
I read about a PLUS Pilot program employed at the Texas service center (TSC) under which the entire I-140 and I-485 package is reviewed by one officer? Does this translate into faster processing times for the I-485 especially if your PD is current?

The aim of TSC’s PLUS Pilot Program is to adjudicate concurrently filed I-140/I-485 petitions within 90 days.  To accomplish this, the same officer is adjudicating both the I-140 and the I-485.  However, we have been told that the I-140 and I-485 units have not been merged, and not every concurrently filed petition is adjudicated under “the Plus.”

In our experience, only about 50% of concurrently filed petitions tend to receive this expedited review, which can result in a decision on permanent residence only three to four months after filing.

Readers are also well advised to consider that the faster decision may not be a grant, but may be a Request for Evidence, and that the purpose of the PLUS program is to make a fast decision whether to RFE the I-140 so as to avoid giving the applicant an employment authorization document and advance parole document if the officer is not sure that the I-140 can be approved.

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New Guidance Issued for Employers on Application of the Employ American Workers Act

Tuesday, April 7th, 2009

The Federal Reserve recently issued guidance in the form of an FAQ for employers who accept funds under Section 13 of the Federal Reserve Act (FRA) as part of the Employ American Workers Act.

Although the government has published a list of TARP recipients, no such comprehensive list of FRA Section 13 recipients exists. However, in its new guidance, the government explains which entities are considered to be recipients of Section 13 funds. The determination depends upon the type of borrowing arrangement between the entity and the Federal Reserve. Interestingly, the guidance explains that once a recipient has paid back the funds received under Section 13, they are no longer subject to the H-1B additional attestation requirements.

Employers that receive funding under the Troubled Asset Relief Program (TARP) or FRA Section 13  funding will be required to take additional steps when filing H-1B temporary worker petitions with the United States Citizenship and Immigration Service. Specifically, these employers will be required to make attestations as part of the H-1B application that they took good faith steps to recruit U.S. workers for the position for which the H-1B worker is sought and that no U.S. worker was displaced by the H-1B worker in an equivalent position.

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