|
|
|
|
| Thursday, April 03, 2008 |
|
USCIS Updates Naturalization Processing Times
By admin @ 8:22 AM :: 48 Views ::
0 Comments :: News, Naturalization
|
|
U.S. Citizenship and Immigration Services (USCIS) announced that it will finish more than one million naturalization cases during fiscal year 2008. The agency also recently updated the expected time it will take to complete naturalization cases, projecting processing times averaging 13-15 months. That’s a three month improvement from the 16-18 month projection that USCIS made six months ago. The USCIS has stated a goal of improving their processing of these cases by adding nearly 3000 new employees, detailing employees to work in the most heavily affected offices, quadrupling the funding for overtime and using Asylum Office facilities and staff to conduct naturalization interviews. Last year alone, USCIS received a record 1.4 million naturalization applications.
As more information becomes available on naturalization processing and processing times, we will post it here at www.bashyamspiro.com.
|
|
|
|
|
| Saturday, March 29, 2008 |
|
USCIS Modifies Intercountry Adoption Procedures
By admin @ 9:51 AM :: 51 Views ::
0 Comments :: News, Other
|
|
Children, birthparents and prospective adoptive parent(s) will have greater protections under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption convention), effective April 1, 2008. New safeguards administered by U.S. Citizenhsip and Immigration Services (USCIS) under the Hague include the creation of new forms and improved, centralized examination processes for intercountry adoption, applications and petitions under the Hague Adoption Convention.www.travel.state.gov). The agreement provides a framework of rules and procedures for the countries to work jointly to ensure certain intercountry adoption protections. These include providing adoptees with permanent and loving homes and looking after children’s best interests throughout the adoption process, thus preventing the abduction, sale or illegal traffic of children.www.uscis.gov.
The new forms being introduced are an Application for Determination of Suitability to Adopt a Child from a Convention Country (I-800A), and the Petition to Classify a Convention Adoptee as an Immediate Relative (I-800). The purpose of the I-800A is to review the suitability and eligibility of prospective adoptive parent(s), while the I-800 determines a child’s Convention classification eligibility.
Additionally, USCIS established a special unit to process all Hague intercountry adoption applications and petitions at its USCIS National Benefits Center. The special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800.
Prospective adoptive parents are encouraged to visit and download the forms and filing instructions and Hague Adoption Convention Fact Sheet, available on the Internet at
|
|
|
|
|
| Saturday, March 22, 2008 |
|
DOS Releases April 2008 Visa Bulletin
By admin @ 8:13 AM :: 62 Views ::
0 Comments :: News, Visa Bulletin
|
|
The Department of State recently released its April 2008 Visa Bulletin. The good news in the bulletin is that Employment-Based Category Two (EB2) is no longer ‘unavailable’ for Indian nationals. The cut-off date in that category for Indian nationals is now December 1, 2003. To view the entire April 2008 Visa Bulletin, please go to the Processing Times link on the home page of this web site.
|
|
|
|
|
| Saturday, March 22, 2008 |
|
USCIS Announces Changes to FY 2009 H1B Program
By admin @ 8:09 AM :: 88 Views ::
0 Comments :: News, H1B Visas
|
|
U.S. Citizenship and Immigration Services (USCIS) issued an interim final rule that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year. The change is intended to promote a fair and systematic process for H-1B petitioners. This rule ensures that companies filing H-1B petitions that are subject to numerical limits will have an equal chance to receive consideration for an H-1B worker. This rule does not preclude related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on a legitimate business need.
Background
U.S. businesses utilize the H-1B program to employ foreign workers in fields that require theoretical and practical expertise in specialized occupations requiring a bachelor’s degree or higher (or its equivalent), such as scientists, engineers, or computer programmers. By law, USCIS cannot grant more than 65,000 new H-1B visas per fiscal year, subject to certain limited exceptions. The first 20,000 H-1B petitions filed on behalf of aliens with U.S. earned masters’ or higher degrees are exempt from the H-1B numerical limitation of 65,000. USCIS administers a separate “20,000 cap” for such exempt petitions.
USCIS stated that it will use a random selection process for all the master’s degree or higher cap-exempt cases received on the first five business days available for filing H-1B petitions for a given fiscal year, if necessary. In the event that the U.S. master’s exemption limit is reached on the first five business days, USCIS will first conduct the random selection process for such petitions before it begins random selection for petitions to be counted toward the 65,000 cap. Petitions eligible for the U.S. master’s degree or higher exemption that are not selected to receive an H-1B visa number from the 20,000 cap will be considered with the other H-1B petitions in the random selection for the 65,000 cap filed on the first five business days.
Cap-Exempt Petition
USCIS also stated that petitions for new H-1B employment are exempt from the cap if the aliens will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H-1B categories regardless of H-1B visa number availability.
Cap Procedures
USCIS will use the following process for handling H-1B petitions subject to the FY 2009 cap:
• April 1, 2008 is the first day petitions may be received for an October 1, 2008 start date. When it is determined that the numerical limitations have been reached, USCIS employs a random selection process to choose among the petitions received on the “final receipt date”. If the “final receipt date” falls within any one of the first five business days, the random selection will be run using all the cap-subject petitions received on those five days.
• USCIS will reject and return the filing fees(s) for all cap-subject H-1B petitions that are not selected in the process described above. The new rule clarifies that this provision only applies to petitions that indicate they are cap-subject. If a petitioner claims to be exempt from the cap and is later found to be subject to the cap, USCIS will not refund or return fees and that petition will be denied if no cap numbers are available.
• Petitions for the FY2009 cap received before April 1, 2008 will be rejected. A petition is considered received when USCIS takes possession of and stamps the petition as received, not by the date the petition is postmarked.
Premium Processing
Cap-subject petitions requesting premium processing that are received on the “final receipt date,” or during the initial five business day period mentioned above, cannot be processed until after the random selection has been completed. The premium processing 15-day adjudication period (processing deadline) will not begin until such time as USCIS has completed the random selection process.
Current H-1B Workers
Petitions filed on behalf of current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or
• Allow current H-1B workers to work concurrently in a second H-1B position.
If additional information on the H1B program is released by USCIS, we will post it at www.bashyamspiro.com.
|
|
|
|
|
| Friday, March 21, 2008 |
|
USCIS Announces 18 Month TPS Extension for Nationals of Somalia
By admin @ 8:12 AM :: 56 Views ::
0 Comments :: News, Other
|
|
The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.
DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an additional six months from March 17, 2008 through September 17, 2008. The extension of TPS for Somalia is effective March 17, 2008 and will remain in effect through September 17, 2009. Nationals of Somalia who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period beginning March 12, 2008 and remaining in effect until May 12, 2008. Somali TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day re-registration period. The re-registration period begins March 12, 2008. The USCIS will only accept TPS re-registration applications that are filed after March 12, 2008 and before May 12, 2008.
Additional information on filing for TPS re-registration will be posted on www.bashyamspiro.com when it becomes available.
|
|
|
|
|
| Thursday, March 20, 2008 |
|
USCIS Announces Biometric Changes for Re-Entry Permits and Refugee Travel Documents
By admin @ 8:14 AM :: 52 Views ::
0 Comments :: News, Other
|
|
USCIS issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions, which became effective March 5, 2008, require that applicants for re-entry permits and refugee travel documents provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks. USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.
The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents between the ages of 14 through 79 to provide biometrics before departing from the United States. Applicants also are strongly encouraged to apply, whenever possible, well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. Shortly after filing an I-131 form for a Refugee Travel Document or a RE-entry Permit, USCIS will mail the applicant his or her receipt and an ASC scheduling notice. The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States.
The instructions also discuss the requirement for applicants for re-entry permits and refugee travel documents who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee. As in the past, the application fee for the I-131 form cannot be waived.
In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved. A request for expedited processing should contain the applicant’s reasons for such processing.
|
|
|
|
|
| Wednesday, March 19, 2008 |
|
USCIS Q/A on New FBI Name Check Policy
By admin @ 8:24 AM :: 46 Views ::
0 Comments :: News, I-485 Adjustment of Status, Other
|
|
We reported in a prior post that the USCIS, under a new policy, will adjudicate I-485 adjustment applications (if the priority date is current) even if the FBI name check is pending. USCIS recently issued a few Question and Answers about this new policy. Here are a few that readers of this web site will find particularly interesting.
Q - How many applications for lawful permanent residence are immediately affected by this policy change?
USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q - How long will it take for USCIS to work through the cases affected by the policy change?
USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q - Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed).
|
|
|
|
|
| Sunday, February 17, 2008 |
|
USCIS Revises Policy on FBI Name Checks and AOS Adjudications
By admin @ 6:17 AM :: 95 Views ::
0 Comments :: News, I-485 Adjustment of Status
|
|
The USCIS recently issued an interoffice memorandum that revised its prior policy on waiting until the FBI name check was completed to adjudicate an I-485 Adjustment of Status application. Under its revised policy, the USCIS now has the authority to adjudicate an otherwise approvable I-485 adjustment application if the FBI name check has been pending for over 180 days but has not been completed. This does not mean that every adjustment case that has been pending for over 180 days will be approved. The priority date for the case must still be current at that time for adjustment adjudication to take place. Copied below is a paragraph from the USCIS Interoffice Memorandum that goes into additional detail on its revised policy.
A definitive FBI fingerprint check and the IBIS check must be obtained and resolved before an Application for Adjustment of Status (I-485), Application for Waiver of Ground of Inadmissibility (I-601), Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act (I-687), or Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)(I-698) is approved. USCIS will continue to initiate FBI name checks when those applications are received. Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with card issuance. The FBI has committed to providing FBI name check results within this timeframe.
There is no change in the requirement that FBI fingerprint check, IBIS check and FBI name check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Pending further guidance regarding post-audit reporting and tracking requirements and modifications to associated quality assurance procedures, applications approved pursuant to this memorandum shall be held at the adjudicating office. If derogatory or adverse information is received from the FBI after the application is approved, USCIS will determine if rescission or removal proceedings are appropriate and warranted.
|
|
|
|
|
| Sunday, February 17, 2008 |
|
Q and A On FY 2009 H-1B Filings
By admin @ 6:11 AM :: 110 Views ::
2 Comments ::  :: News, H1B Visas
|
|
U.S. Citizenship and Immigration Services (USCIS) uses the information in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, page 11) to determine whether a petition is subject to the 65,000 and 20,000 (U.S. master’s degree or higher) H-1B numerical limitation caps. Please be sure to read these questions and answers carefully in advance of completing the petition and filing an H1B case.
Q. When can I file an H-1B Cap petition?
H-1B petitions can be filed six months in advance of the requested start date. Therefore, petitions seeking an October 1, 2008 start date can be filed no sooner than April 1, 2008. This is when the majority of H-1B cap subject petitions are filed. Conversely, petitions that are cap exempt may be filed at any time during the year, dependent on the petitioner’s need.
Q. Where should I mail my H-1B Cap subject petition?
Specific mailing addresses have been established for purposes of identification and processing of H-1B cap subject cases. H1B cap cases should be filed at the Vermont Service Center or the California Service center depending on jurisdiction. A separate mailing address has been established for certain types of educational or nonprofit organizations which file H-1B petitions on behalf of beneficiaries that are not counted against the H-1B numerical limitations. These cases will be filed at the California Service Center as described in this newsletter.
Q. What is Premium Processing Service?
For certain employment-based immigration benefits, petitioners may choose to file a Form I-907 with the accompanying filing fee of $1,000 to have their petition adjudicated within 15 calendar days (this fee is in addition to the required base filing and other applicable fees). H-1B petitions are eligible for the Premium Processing program.
The Form I-907 can be filed at the same time as or subsequent to the filing of Form I-129. If filed subsequent to the Form I-129, please be sure to include the receipt number (i.e. EAC 08 123 51234) of the Form I-129 in the pertinent section of Form I-907. Petitioners must use the latest version of Form I-907. Versions prior to August 28, 2006 will not be accepted.
Q. How do I ensure that my H-1B Cap petition is considered properly filed and accepted?
Be sure to complete all sections of the Form I-129 petition, the H Classification Supplement to Form I-129 (pages 7 and 8 of Form I-129), and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 10 and 11). Original signatures are required on each form. Send the correct fee amount.
Tip: Applicants should use blue ink to sign the petition since this makes it easy for the USCIS to confirm that the signature is an original.
Checks should be payable to the Department of Homeland Security or U.S. Citizenship and Immigration Services dated within the last six months, and include the proper guarantee amount, and signature.
A certified Labor Condition Application (Form ETA 9035) from the Department of Labor must be submitted at the time of filing. A copy of the Labor Condition Application is acceptable. If the Labor Condition Application from the Department of Labor is for multiple positions, provide the name, and USCIS case receipt number of any alien who has previously utilized it.
A duplicate copy of the petition must be submitted at the time of filing if the beneficiary will be seeking nonimmigrant visa issuance abroad. Please review the Department of State website at http://travel.state.gov/ to make sure that the consulate indicated on Form I-129 is able to process the beneficiary’s nonimmigrant visa application and for any other consulate-specific special instructions.
|
|
|
|
|
| Sunday, February 17, 2008 |
|
USCIS Announces Centralized Procedure for Filing H1B Applications for Cap-Exempt Employers
By admin @ 6:09 AM :: 128 Views ::
0 Comments :: News, H1B Visas
|
U.S. Citizenship and Immigration Services (USCIS) announced a new customer service initiative to streamline the adjudication of H-1B petitions. USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Foreign nationals employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);]
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)c).
Such institutions and organizations can indicate that the H-1B filing is cap exempt by marking Form I-129 (Petition for Non-Immigrant Worker) with a “yes” answer to question 1, 2, or 3 in Part C of the H-1B Data Collection and Filing fee Exemption Supplement (page 10).
H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.
For Direct Mail:
U.S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
P.O. BOX 30040
Laguna Niguel, CA 92607-3004
For non-United States Postal Service (USPS) deliveries (e.g. private couriers):
U.S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677
Each H-1B petitioner is encouraged to mark the outside of the envelope and the top margin of the I-129 form, with “EXEMPT”. This will ensure quick identification of the H-1B filing throughout the petition’s processing at CSC.
If a cap exempt H-1B petition is received at a different Service Center, that Service Center will expeditiously forward the petition to the CSC for processing. In the near future, USCIS will post special filing instructions to Form I-129 requiring all qualifying H-1B cap exempt petitions to be filed at the CSC.
|
|
|
|
|
|
|
|
| |
|