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Archive for March, 2008
Saturday, March 29th, 2008
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
Posted in News, Other | No Comments »
Saturday, March 29th, 2008
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 Hague Adoption Convention is an international treaty between Convention member countries (
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
Posted in News, Other | No Comments »
Saturday, March 22nd, 2008
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).
Posted in I-485 Adjustment of Status, News, Other | No Comments »
Saturday, March 22nd, 2008
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.
Posted in News, Visa Bulletin | No Comments »
Saturday, March 22nd, 2008
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.
Posted in News, Other | No Comments »
Saturday, March 22nd, 2008
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.
Posted in News, Other | No Comments »
Saturday, March 22nd, 2008
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.
Posted in H1B Visas, News | No Comments »
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