The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions.

 VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ certain alien workers. Currently, the independent information provider for the VIBE program is Dun and Bradstreet (D&B).

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On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United StatesThe proposed streamlined process will be available to spouses and sons and daughters ofU.S. citizens who have accrued a certain period of unlawful presence in the United States asthe waiver statute requires and can demonstrate that separation would cause an extremehardship to their U.S. citizen spouse or parent.The process would allow these individuals to have their waiver applications processed inthe United States and receive a provisional waiver determination before they complete thevisa process at a consulate outside the United States. This proposal would not change existing laws, the requirement that immigrants leave thecountry to process their visas, or the standards for determining who is eligible for a Waiverof Inadmissibility.

AILA InfoNet Doc. No. 12012060.

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On November 23rd U.S. Citizenship and Immigration Services announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011. 

 

U.S. Citizenship and Immigration Services (USCIS) announces that beginning October 30, 2011 N-forms must be filed at a Lockbox facility instead of the local office.  The purpose it to streamline the way forms are processed, to accelerate the collection and deposit of fees and improves the consistency of its intake process. As of December 5, 2011, local office will no longer accept these forms and applicants will be instructed to re-submit the forms to the appropriate Lockbox.

 

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Form N-560, Certificate of Citizenship, with new features to enhance security and deter fraud.

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The Department of State provided instructions for the 2013 Diversity Immigrant Visa Program (DV-2013). Entries for DV-2013 must be submitted electronically between October 4, 2011, and November 5, 2011.

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USCIS released an August 17, 2011 memo regarding processing of Form I-539 for changes to and extension of B-2 status for cohabitating nonimmigrant partners and other household members of principal nonimmigrants.

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The Department of Homeland Security (DHS) published the first in a series of regulations intended to promote the migration of U.S. Citizenship and Immigration Services (USCIS) benefit filings from a paper-based environment to an electronic one.  Over the next several years, USCIS will roll out a secure, customer-friendly online account system that will enable and encourage customers to submit benefit requests and supporting documents electronically. This new Web-based system is intended to simplify the process of applying for immigration benefits

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Availability of EB2 National Interest Waiver for Entrepreneurs. Entreprenues may obtain an EB2 immigrant visa if they satisfy the existing requirements and also may qualify for a National Interest Waiver under the EB2 immigrant visa category that allows for self-petition of the green card if they can show that their business endeavors will be in the national interest of the United States.  AILA InfoNet Doc. No. 11080420.

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IMAGE is a voluntary partnership initiative between the federal government and private sector employers. The initiative is designed to foster cooperative relationships and to strengthen overall hiring practices.

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 The Department of State addressed changes and new procedures for the J-1 Summer Work Travel program which are aimed at providing stronger protections for J-1 visa holders and making it a more viable program.

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On June 17, 2011 ICE related a memorandum by Director John Morton, which provides guidance to ICE personnel on the exercise of prosecutorial discretion.  

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The Department of State announced that as of May 20, 2011, certain qualified Iranian applicants for visas in the F, J, and M categories are eligible for two-year, multiple entry visas. This is an increase in the current visa validity of three months, single entry. AILA InfoNet Doc. No. 11052360.

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ICE released an expanded list of science, technology,engineering and math  (STEM) degree programs that allow eligible graduates on student visas to extend their post-graduate Optional Practical Training.

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USCIS announced the launch of I-9 Central, an online resource that provides information and guidance to help employers and employees complete I-9 forms and better understand the I-9 process. AILA InfoNet Doc. No. 11051362

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The Department of Homeland Security (DHS) announced the removal of all designated countries from he list of countries whose nationals are required to comply with the National Security Entry-Exit Registration System (NSEERS) special registration requirements. The Office of Civil Rights and Civil Liberties also released a memorandum announcing this change. AILA InfoNet Doc. Nos. 11042760/11042769.

 

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USCIS issued a fact sheet on public charge determinations which includes the definition of public charge, and benefits subject to public charge consideration. AILA InfoNet Doc. No. 11050461.

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USCIS released an executive summary from a March 24, 2011 teleconference on O nonmigrant visas.  This summary includes an overview of agents filing as petitioners, general contract and itinerary requirements . AILA InfoNet Doc. No. 11030437.

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 Under AC21 certain aliens can change or port the offer of employment on which their adjustment of status application is based from one job to another job as long as both jobs are in the same or similar occupational classification.  The USCIS has provided questions and answers on this topic.   

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USCIS provides questions and answers regarding the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

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USCIS will be issuing employment and travel authorization on a single card for certain applicants filing an Application for Adjustment of Status, Form I-485. The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document.

For more information about the EAD and Advance Parole card, see the related Questions and Answers

 

As of January 10, 2011, the procedure to request a waiver appointment has changed. Applicants can make the appointment through the following website http://mexico.usvisa-info.com. They will need to log onto the website using their Passport Number, Date of Birth and Nationality. When prompted to select a Trip Purpose, they will need to choose "Immigrant IV Waiver" to schedule the appointment.

Alternatively, Applicants can schedule their waiver appointment by contacting the Visa Information Service at any of the numbers provided in the following link: http://www.usvisa-info.com/en-MX/selfservice/us_service_options.

 

The U.S. Embassy, London now accpets I-601 waiver applications for applicants within the UK.  The embassy also adjudicates waiver applications submitted at other embassies in the region. 

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USCIS released an updated edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verificaton Form.

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The Department of State introduced the redesigned Consular Report of Birth Abroad which became effective on January 3, 2011.  Changesinclude centralizing production to domestic U.S. passport centers and using the gender neutral "parent," rather than "mother" or "father" on the form. AILA InfoNet Doc. No. 11010460.

 

The Department of Homeland Security (DHS), in consultation with the Department of State, identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries was published in a Federal Register notice on January 18, 2011 , and the designations are valid for one year from the date of publication.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

Indonesia did not receive a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

 

An updated H-1B count for the FY2011 cap-subject H-1B petitions and advanced degree exempt petitions indicates that as of December 10, 2010 approximately 52,400 H-1B cap-subject petitions were receipted.  USCIS receipted 19,100 H-1B petitions for aliens with advanced degrees.  AILA InfoNet Doc. No. 10042368

 

Bad News for those waiting for a visa number.  The Visa Bulletin retrogressed for the month of January 2011.

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USCIS advises of the upcoming release of Form I-129.  USCIS will accept previous editions of the form until December 21, 2010.   A significant change in the form will now require a deemed export acknowledgement.  Certain foreign nationals with specified technologies must have a deemed export license.  The petitioning employer will have to respond to questions about deemed export licenses.  An employer will have to indicate if a license is required and, if not, answer two more questions as to why it is not subject.  If the license is required, a copy of the license will have to be provided.   With other recent changes in processing of I-129 petitions, specifically in the H-1B category, it will take more time and planning to prepare and file these petitions.

 

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The Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices issues a Frequently Asked Question Information Sheet on Social Security "No Match" letters.  AILA InfoNet Doc. No. 10112265

 

USCIS updated its count of H-1B petitions and advanced degree exempt petitions.  As of November 26, 2010, approximately 50,400 H-1B cap-subject petitions were receipted.  USCIS has receipted 18,400 H-1B petitions for aliens with advanced degrees.  AILA InfoNet Doc. No. 10042368.

 

 

The US State Department announced that Mission India moved to a single consular district for visa purposes.  The US Embassy in New Delhi and the Consulates General in Mumbai, Chennai, Kolkata and Hyderabad will not accept visa accplications from across India, regardless of the applicant's city of residence.  AILA InfoNet Doc. No. 10112262.

 

USCIS announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency.  These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public.  The first decision affirms USCIS’s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job."  The second decision reverses USCIS’s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."

 

FY2011 H-1B Cap Count

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions. As of October 22, 2010, approximately 44,300 H-1B cap-subject petitions were receipted. USCIS has receipted 16,200 H-1B petitions for aliens with advanced degrees. AILA InfoNet Doc. No. 10042368.

FY2011 H-2B Cap Count

As of October 22, 2010, USCIS receipted 11,053 petitions toward the 33,000 H-2B cap for the first half of the fiscal year. This count includes 9,934 approved and 1,119 pending petitions. AILA InfoNet Doc. No. 10080468.

 

USCIS redesigned the Certificate of Naturalization (Form N-550) with new security features aimed at reducing fraud.  USCIS began using the redesigned certificates on October 25, 2010.  All previously issed certificates remain valid.

 

Visa Waiver applicants will be required to pay a fee for the Electronic System for Travel Authorization (ESTA).

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The Department of State announced that the 2012 Diversity Visa lottery program registration period will open on October 5, 2010.  Entries for the lottery must be submitted electronically between noon on October 5, 2010 and noon on November 3, 2010, Eastern time.

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U.S. Citizenship and Immigration Services announced a final rule adjusting fees for immigration applications and petitions. Fees will increase overallby a weighted average of about 10 percent but the fee for the naturalization application will remain the same. The rule also reduces fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The fees will go into effect on November 23, 2010.

Form No.	Application/Petition Description	Existing Fees (effective through Nov. 22, 2010	Adjusted Fees (effective beginning Nov. 23, 2010)
I-90	Application to Replace Permanent Resident Card	$290	$365
I-102	Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	$320	$330
I-129/129CW	Petition for a Nonimmigrant Worker	$320	$325
I-129F	Petition for Alien Fiancé(e)	$455	$340
I-130	Petition for Alien Relative	$355	$420
I-131	Application for Travel Document	$305	$360
I-140	Immigrant Petition for Alien Worker	$475	$580
I-191	Application for Advance Permission to Return to Unrelinquished Domicile	$545	$585
I-192	Application for Advance Permission to Enter as Nonimmigrant	$545	$585
I-193	Application for Waiver of Passport and/or Visa	$545	$585
I-212	Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal	$545	$585
I-290B	Notice of Appeal or Motion	$585	$630
I-360	Petition for Amerasian, Widow(er), or Special Immigrant	$375	$405
I-485	Application to Register Permanent Residence or Adjust Status	$930	$985
I-526	Immigrant Petition by Alien Entrepreneur	$1,435	$1,500
I-539	Application to Extend/Change Nonimmigrant Status	$300	$290
I-600/600A I-800/800A	Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition	$670	$720
I-601	Application for Waiver of Ground of Excludability	$545	$585
I-612	Application for Waiver of the Foreign Residence Requirement	$545	$585
I-687	Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act	$710	$1,130
I-690	Application for Waiver of Grounds of Inadmissibility	$185	$200
I-694	Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act	$545	$755
I-698	Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)	$1,370	$1,020
I-751	Petition to Remove the Conditions of Residence	$465	$505
I-765	Application for Employment Authorization	$340	$380
I-817	Application for Family Unity Benefits	$440	$435
I-824	Application for Action on an Approved Application or Petition	$340	$405
I-829	Petition by Entrepreneur to Remove Conditions	$2,850	$3,750
I-881	Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105–110)	$285	$285
I-907	Request for Premium Processing Service	$1,000	$1,225
	Civil Surgeon Designation	$0	$615
I-924	Application for Regional Center under the Immigrant Investor Pilot Program	$0	$6,230
N-300	Application to File Declaration of Intention	$235	$250
N-336	Request for Hearing on a Decision in Naturalization Proceedings	$605	$650
N-400	Application for Naturalization	$595	$595
N-470	Application to Preserve Residence for Naturalization Purposes	$305	$330
N-565	Application for Replacement Naturalization/Citizenship Document	$380	$345
N-600/600K	Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322	$460	$600
	Immigrant Visa DHS Domestic Processing	$0	$165
Biometrics	Capturing, Processing, and Storing Biometric Information	$80	$85

 

There is a new appointment service for all visa applicants in Canada.  The new service began on September 1, 2010.

 

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USCIS updated its webpage on O-1 Visas for individuals with extraordinary ability or achievement. Topics include eligibility, application process, evidentiary criteria, extension of stay, family, changing employers, and material change in terms and conditions of employment

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On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.  

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status.  Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or 
• To obtain authorization for an alien having such status to change employers. 

 

• Change of filing location for Form I-140 (Immigrant Petition Alien Worker)
• Revised filing instructions for Form I-130 (Petition for Alien Relative)
• Change of filing location for Form I-539 (Extend/Change Nonimmigrant status)
• Change of filing location for Form I-526 (Immigrant Petition fo rAlien Entrepreneur
• Change of filing lcoation for Form I-129F (Petition for Alien Fiance(e)

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As of July 13, 2010, immigrant visa fees were increased.

Immediate relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition)	$330
Employment-based applications (processed on the basis of an approved I-140 petition)	$720
Other immigrant visa applications (including Diversity Visa applicants, approved I-360 self-petitioners, special immigrant visa applicants, and all others)	$305

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Residents of China may apply for a non-immigrant visa at any U.S. Consular Section in China, regardless of the province or city of residence. We have Consular Sections at the U.S. Embassy in Beijing and the U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang

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Frequently asked questions and answers dealing with immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad.  

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USCIS seeks public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.  The proposal, posted to the Federal Register on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

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The USCSI announced that as of June 25, 2010 approximately 23,500H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 10,000 H-1B petitions for aliens with advanced degrees.

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USCIS updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 05/21/10, approximately 19,600 H-1B cap-subject petitions were receipted. USCIS has receipted 8,200 H-1B petitions for aliens with advanced degrees.

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The U.S. Department of State unveiled a new design for its website.  The State Department's aim was to make the site easier for users to navigate. 

 

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he Department of Labor now has a new tool to help employers and others understand how to comply with requirements under the H-1B visa program.  The online "advisor" is available on the DOL website and provides detailed information about employers' and workers' right and responsibilities.  It includes information on notification requirements, monetary and payment issues and worksite issues.

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The U.S. Citizenship and Immigration Services (USCIS) announced a new redesigned the Permanent Resident Card - commonly known as the "Green Card" -  that will include a number of new security features to prevent counterfeiting, tampering, and to facilitate quick and accurate authentication of the card.  The USCIS will now issue all Green Cards in the new, more secure format.

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USCIS has updated it H-1B count for FY 2011 and advanced degree cap-exempt petitions received as of May 14, 2010.

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H-1B cap latest figures for count as of April 27, 2010.

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USCIS list for naturalization.

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USCIS posts updated H-1B cap count as of April 22, 2010.

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 The USCIS posted H-1B cap updated on April 15, 2010.

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The USCIS extended the cap-gap.  F-1 students who have timely filed H-1B petition filed on their behalf during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”) are eligible for continued employment authorization under limited circumstances.

Once a timely filing has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed.  If the student’s H-1B petition is selected and approved the student’s extension will continue through September 30th unless the petition is denied, withdrawn, or revoked.  If the student’s H-1B petition is not selected and approved, the student will have the standard 60-day grace period from the date of the rejection notice or their program or OPT end date, whichever is later, to prepare for and depart the United States. 

Travel remains an issue in these situations so please consult with an immigration attorney before travelling.

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USCIS announced revised filing instructions and addresses for individuals filing Form I-765 - Application for Employment Authorization. Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at www.uscis.gov.

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USCIS announced that it has posted a revised Form I-485 -Application For Adjustment of Status. In addition to the new form there are new filing locations.  Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the category they are filing.  A new chart provides guidance on where to file

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USCIS issued updated guidance as to what constitutes a valid employer-employee relationship in H-1B context.  The memo discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. 

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As of September 25, 2009, the USCIS has received 46,700 H-1B petitions and these have been counted towards the H-1B cap.  Approximately 20,000 petitions qualify for the advanced degree cap exemption have also been received and counted towards that cap.  USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutoty limit.

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USCIS has posted on its website questions and answers regarding the pending inventory of employment based I-485 applications.

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Effective Sept. 8, 2009, Federal contractors and subcontractors are required to use the E-Verify system to verify their employees’ eligibility to work in the United States. E-Verify compares information from the Employment Eligibility Verification Form I-9 against federal government databases to verify workers’ employment eligibility.  It is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA).

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 USCIS issued instructions on making inquiries with the agency’s four Service Centers. Customers, community-based organizations and liaison groups should follow this guidance when making inquiries on pending cases. This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers.

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USCIS notification requirements for employers of religious workers in R-1 status. The approved petitioning employer must notify USCIS within 14 calendar days when an R-1 alien is working less than the required number of hours or has been released from, or has otherwise terminated, employment before the expiration of a period of authorized stay.

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Fact Sheet from the National Immigration Law Center about the DREAM Act. More information about the DREAM Act can be found at the DREAM Act portal at dreamact.info

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The President meets with a bipartisan group of Congressional leaders to discuss ideas for immigration reform.  read more ...

The Department of State has issued a "Know Your Rights Pamphlet" for nonimmigrant workers (including those with work visas and student visas). read more ...

As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap (65,000). Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.  read more ...

On April 28, 2009, USCIS issued a 59 page manual entitled Immigrant Waivers --Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers. read more ...

USCIS issued a memorandum providing instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program. This memorandum updates the Adjudicator’s Field Manual (AFM) and clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526. read more ...

USCIS announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.  read more ...

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker in the following categories: EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver. read more ...

Applicants may experience up to an eight week delay in the delivery of their permanent resident card while the process of upgrading our card production equipment is taking place. USCIS Field Offices are issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment to get the stamp in your passport. If you do not have a passport, you need to take a passport style photo and government issued photo identification to receive temporary evidence of permanent residence. If the application is approved after your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.  

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21. Since its enactment on Aug. 6, 2002, USCIS provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA. A memo issued April 30, 2008 made some substantive changes to how USCIS applies CSPA. Here are questions and answers provided by USCIS. read more ...

USCIS Begins Transfer of Historical A-Files to National Archives Signing Ceremony First Step to Permanent Retention of Millions of Immigrant's Files.  read more ...

USCIS Updates Information on FY2010 H-1B Petition Filings. USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.  read more ...

Law Extends Non-Minister Special Immigrant Religious Worker Program. USCIS Will Receive Petitions through Sept. 29, 2009 read more ...

The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been pushed back by six weeks to June 30, 2009. read more ...

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Previous versions of Form I-9 may no longer be used. read more ...

USCIS announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.  read more ...

USCIS announced that it will begin accepting H-1B petitions subject to the fiscal year 2010 (FY 2010) cap on April 1, 2009. Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked. The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap. USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.  read more ...

USCISwill begin accepting H-1B petitions on April 1, 2009 subject to the fiscal year 2010 (FY 2010) cap. The following are frequently asked questions and answers to assist in the filing process. read more ...

Announcement of New iCERT System Rollout Schedule The Office of Foreign Labor Certification (OFLC) is announcing the implementation of a new one-stop visa portal system, formally called the iCERT System, to improve employer access to employment-based visa application services and OFLC immigration news and information. Beginning April 15, 2009, employers or their authorized representatives will be able to register with the iCERT System and establish a single account to file the new ETA Form 9035E – Labor Condition Application (LCA) covering the H-1B, H-1B1, and E-3 visa programs. In addition, OFLC has implemented a dedicated Help Desk Unit at the Chicago National Processing Center to serve as a resource to those employers and or their authorized representatives filing LCAs with the Department. read more ...

USCIS announced that the Immigrant Investor Pilot Program has been extended through September 30, 2009 due to yesterday’s signing of the “Fiscal 2009 Omnibus Appropriations Bill,” H.R. 1105. Currently, there are 45 regional centers throughout the United States. read more ...

U.S. Citizenship and Immigration Services (USCIS) hasl expanded Premium Processing Service for certain Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140. Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907: Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service; Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing; Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and Are ineligible to extend their H-1B status under section 106(a) of AC21. read more ...

Travelers from all Visa Waiver Program (VWP) countries are now required (as of January 12, 2009) to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The Electronic System for Travel Authorization (ESTA) is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. Visa Waiver Program travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States.  read more ...

A pamphlet for Visa Waiver Travelers. read more ...

AILA InfoNet Doc. No. 09010667 (posted Jan. 7, 2009). The USCIS Immigrant Investor Program provided the AILA EB-5 Committee with the following notice regarding EB-5 filings: TO: EB-5 Immigrant Investor and Regional Center Stakeholders FROM: USCIS, EB-5 Immigrant Investor Program RE: EB-5 Filing Location EVERYTHING EB-5 related is to be filed at CSC only. Anything filed to an old location will be forwarded through the end of a grace period to be determined pending Federal Register Notice publication. Submit all new EB-5 petitions and regional center application materials to: For Direct Mail: U.S. Citizenship and Immigration Services California Service Center ATTN: EB-5 Processing Unit P.O. Box 10526 Laguna Niguel, CA 92607-0526 For non-United States Postal Service (USPS) deliveries (e.g. private couriers): U. S. Citizenship and Immigration Services California Service Center ATTN: EB-5 Processing Unit 24000 Avila Road, Room, 2nd Floor. Laguna Niguel, CA 92677  

AILA InfoNet Doc. No. 08122338 (posted Dec. 23, 2008). Beginning January 20, 2009, all non-immigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form. This form takes the place of the DS-156, DS-157, and DS-158 paper forms. (Note: E class investor applicants will need to fill out DS-156E in addition to DS-160. K class visa applicants will continue to use the DS-156 and DS-156K forms). Applicants must fill out completely and accurately all questions presented in the online application process. Applicants who incorrectly fill out the form, leave information blank or attempt to use previous paper based forms will be denied, asked to resubmit their applications online again, and required to schedule a new appointment. Applicants need only print the Confirmation Page available after the form is complete and bring it with them to their interview. Also, as a reminder, the U.S. Consulate in Ciudad Juarez now accepts legal inquiries exclusively through its online form. Inquiries sent through other means will face significant delays in processing.  read more ...

U.S. Citizenship and Immigration Services (USCIS) announced changes to the H-2A regulations that will streamline the hiring process of temporary and seasonal agricultural workers. This final rule will facilitate the H-2A process for employers by removing certain limitations and will further encourage lawful employment. These changes stem from the commitment made by President Bush’s Administration in August 2007, after Congress failed to pass comprehensive immigration reform. This final rule supplements the extensive reforms of the H-2A program that are included in the Department of Labor’s final rule read more ...

Service members and certain veterans of the United States armed forces may apply for citizenship through special provisions of the Immigration and Nationality Act (INA). Qualifying military service is generally in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. In addition, U.S. Citizenship and Immigration Services (USCIS) employs an expedited application and naturalization process for qualifying members of the military and their surviving dependents. read more ...

AILA InfoNet Doc. No. 08110462 (posted Nov. 4, 2008). The U.S. Consular Mission in Mexico has changed requirements for visa applications for Third Country Nationals (TCNs) who are not residents of Mexico. The new requirements are posted on their website. Applicants may schedule interviews at one of ten posts through Mission Mexico on-line or by calling 1-900-476-1212. Please note that appointment numbers are limited; therefore, flexibility in post location by applicants will make appointment scheduling easier.  read more ...

On October 16, 2008, USCIS published a final rule increasing the period of admission and extension of stay for TN nonimmigrants. Change is from one to three years for TN workers from Canada and Mexico. read more ...

In a September 24, 2008, press release, ICE announced that the final rule raising Student and Exchange Visitor Program (SEVP) fees was published in the Federal Register on September 24, 2008.  read more ...

In November 2007, DOS rolled out the PIMS (Petition Information Management Service) program and announced that a PIMS record will be "primary source of evidence to be used in determining petition approval. For further information, see read more ...

The Department of State issued a final rule amending nonimmigrant visa regulations to require all applicants to provide ten scanned fingerprints with their applications. The rule is effective August 20, 2008. 

CBP's Electronic System for Travel Authorization (ESTA), an electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program, began accepting applications on August 1, 2008. The travel authorization will become mandatory for VWP travelers on January 12, 2009. read more ...

U.S. Citizenship and Immigration Services (USCIS) announced today it has revised the filing instructions for the Petition to Remove Conditions on Residence (Form I-751). Effective immediately, all petitioners filing a Form I-751 must file with the California or Vermont Service Center, depending on the state in which they reside. Petitioners who live in Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming must file their Forms I-751 with the California Service Center: USCIS California Service Center P.O. Box 10751 Laguna Niguel, CA 92607-1075 read more ...

U.S. Citizenship and Immigration Services informs that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process. The new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda. While the new card is more limited in its uses for international travel (e.g., it may not be used for international air travel), it is a valid passport that attests to the U.S. citizenship and identity of the bearer. Accordingly, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.  

Some of the major changes to the TB requirements include: Applicants with Class A tuberculosis must complete a full course of TB treatment before receiving medical clearance by USCIS for adjustment of status. A chest x-ray is required for all applicants with a tuberculin skin test (TST) reaction of less than 5 mm who have signs or symptoms of TB or immunosuppression. A chest x-ray is required for all applicants with a TST reaction of more than 5 mm, including pregnant women. Sputum cultures and drug susceptibility testing for positive cultures are required for applicants with chest x-ray findings suggestive of active TB disease 

On June 24, 2008, Customs & Border Protection (CBP) announced a joint agreement with the UK to integrate CBP's Global Entry program with the British registered traveler program.  

USCIS Launches FOIA Request Status Check U.S. Citizenship and Immigration Services (USCIS) launched the online FOIA Request Status Check service, which provides a quick and secure way to check the status of Freedom of Information Act (FOIA) requests. An immediate response may be obtained online by entering the assigned control number into the FOIA Request Status Check located at:  read more ...

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years. The two-year EAD is available only to certain applicants for green card status.  read more ...

U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.  read more ...

.S. Citizenship and Immigration Services today issued guidance that will modify its earlier interpretation of the Child Status Protection Act (CSPA) which permits applicants for certain immigration benefits to retain classification as a child even if he or she has reached the age of 21.  read more ...

The USCIS issues a fact sheet with questions and answers regarding the changes to their interpretation of the Child Status Protection Act. read more ...

The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers. The proposed rule will also allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year read more ...

This revised form (edition date 04/02/08) must be used for any medical examination completed on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that date. read more ...

USCIS has modified the Form I-765 Application for Employment Authorization. Older versions of Form I-765 will be accepted only until July 8, 2008.  read more ...

USCIS has announced that that it will allow petitioners of F-1 students whose H-1B petitions were randomly selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the issuance of the receipt notice.  read more ...

Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume. This has created a backlog in the processing and scheduling of naturalization cases. The USCIS has posted time estimates for different USCIS offices.  read more ...

The interim final rule automatically extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1. read more ...

USCIS announced on April 20, 2008 a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree exemption.  read more ...

USCIS announced on April 8, 2008 that it had received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008.  read more ...

The USCIS issued questions and answers regarding the changes to the Optional Practical Training program for F-1 students. Under the new rule, certain students will be eligible to receive a 17-month extension of post-completion OPT.  read more ...

USCIS issues a question and answer sheet explaining the changes to the H-1B process and the extension of time permitted. read more ...

Two separate post office box addresses have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 must be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.  read more ...

Information regarding how H-1Bs will be counted for fiscal year 2009 and other information regarding this year's process. read more ...

USCIS announces an interim Rule on H-1B Visas rule which modifies the H-1B selection process and specifically yprohibits multiple filings for the same individual.  read more ...

The H-2A nonimmigrant visa allows U.S. employers to bring foreign nationals to the United States for temporary or seasonal agricultural work.  read more ...

These changes became effective March 5, 2008 and require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Centers (ASC) for background and security checks and requirements for secure travel and entry documents containing biometric identifiers.  read more ...

USCIS provides an update on its background check policy as some applications have experienced significant delays due to these checks. read more ...

USCIS revised the filing instructions for the Petition for Alien Relative (Form I-130). All stand-alone Form I-130s must be filed with the Chicago Lockbox instead of a USCIS Service Center. Petitions filed with the Chicago Lockbox will the be routed to, and adjudicated at, the appropriate USCIS Service Center. read more ...

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program. read more ...

The Visa Bulletin for February 2008 is showing there will be no availabile EB-2 visas. read more ...

As of December 17, 2007, immigrant visa applicants who are seeking to file applications for a waiver of inadmissibility (Form I-601) with the USCIS field office in Ciudad Juarez can now use the Teletech Call Center to make an appointment. read more ...

The USCIS announced that that it received enough H-2B petitions petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). The limit was 33,000 H-2B workers for the second half of FY2008. read more ...

Effective January 1, 2008, the application fee for a U.S. non-immigrant visa will increase from $100 to $131. This increase allows the Department to recover the costs of security and other enhancements to the non-immigrant visa application process. This increase applies both to non-immigrant visas issued on machine-readable foils in passports and to border crossing cards issued to certain applicants in Mexico.  read more ...

On November 7, 2007, USCIS announced a revised Employment Eligibility Verification Form (I-9). The revision removes five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); the old Alien Registration Receipt Card (Form I-151); the Reentry Permit (Form I-327); and the Refugee Travel Document (Form I-571). Employers must transition to the revised Employment Eligibility Verification Form (I-9) not later than Dec. 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States.  read more ...

USCIS published a final rule removing the requirement that certain H and L nonimmigrants returning from travel abroad present an I-485 receipt notice at a port of entry to avoid having the adjustment application deemed abandoned. The rule became effective on November 1, 2007 read more ...

On September 25, 2007, the USCIS issued another Fact Sheet on E-verify, following one issued on August 9, 2007 read more ...

USCIS Announces New Naturalization Test On September 27, 2007 USCIS announced the 100 questions and answers that comprise the civics component of the new naturalization test to be administered beginning October 8, 2007. The new 100 questions and answers and FAQs follow the Press Release read more ...

USCIS Reaches H-2B Cap for First Half of FY 2008  read more ...

The U.S. Citizenship and Immigration Services published a proposed rule in the Federal Register that will require lawful permanent residents carrying ‘green cards’ without expiration dates to apply for a new Permanent Resident Card (Form I-551). The proposal allows for a 120-day filing period for applications. read more ...

The Department of State has posted the Diversity Visa 2009 online entry dates on its website. Online entry begins at noon EDT on October 3, 2007 read more ...

As of July 30, 2007 the USCIS implemented its new fee schedule. See USCIS’ official fee schedule. read more ...

U.S. Citizenship and Immigration Services (USCIS) announced new “Direct Filing” instructions for additional immigration forms that were transitioned last year into the Bi-Specialization initiative. “Direct Filing” is the process by which USCIS requires customers to file their petitions and applications with the service center that will process the filings, based on the place of temporary employment or place of residence. read more ...

On July 16, 2007 the Department of Labor released FAQs on the final rule for labor certifification substitutions and restrictions on payment of attorney's fees for preparation and filing of labor certifications. read more ...

The US Department of Homeland Security announced the completion of the three-year pilot program that required international visitors to biometrically check out at select airports and seaports. Effective May 6, 2007, international visitors will no longer be required to use the US-VISIT exit kiosks when they leave the United States.  

The Department of State revised its July Visa Bulletin to indicate that all available employment-based immigrant visas that had been announced available in it July Visa Bulletin issued in mid-June have been allocated. As a result, as of July 2, 2007, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by foreign nationals in all employment based categories as all categories are now unavailable under the revised July Visa Bulletin. U.S. immigration law limits the number of employment-based immigrant visas that may be issued each fiscal year. read more ...

This June 28, 2007 USCIS Update reports on current receipting times at CSC, NSC, TSC and VSC, and estimates when it will start issuing receipts on a timely basis. read more ...

CSC is experiencing notice generating system delays/problems that are causing delays in the printing of certain notices (including approval notices).  read more ...

On June 21, 2007, U.S. Citizenship and Immigration Services (USCIS) announced new "Direct Filing" instructions for additional immigration forms that were transitioned last year into the Bi-Specialization initiative read more ...

The US Department of State Visa Bulletin for July 2007 shows advancement in all employment-based visa categories to current except Other Worker (EW). All employment based visa categories are current thereby allowing individuals to file for their adjustment of status applications during the month of July 2007. 

On Thursday, June 28, 2007, the Senate failed to invoke cloture on S. 1639 by a vote of 46-53, most likely forfeiting the opportunity to move forward with immigration reform this summer.  

The USCIS has announced the effective date for the fee increase for its application fees. The effective date will be July 30, 2007. read more ...

Due to the unprecedented volume of recent H-1B filings, the USCIS is temporarily experiencing a receipting/data-entry (DE) front log at its Service Centers. The USCIS has provided a projections for fee receipting and data entry processing for H-1B cap cases currently at its Service Centers. Please note that these projections do not apply to Premium Processing or I-129 H-1B (cap or non-cap) cases. read more ...

~Update on I-140 Processing The USCIS announced that Premium Processing for I-140s has been suspended as of May 18, 2007 in anticipation of the increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007.  read more ...

On May 4, 2007, USCIS announced that it had received enough H-1B petitions for foreign workers with a master's degree or higher from a U.S. institution of higher education, requesting exemption from the FY 2008 H-1B cap, to meet the congressionally mandated exemption limit of 20,000. USCIS determined that the "final receipt date" for these exempt H-1B petitions is April 30, 2007 read more ...

Current H-1B cap count fpr US Advanced Degree holders as of April 24, 2007 is 18,747. read more ...

As of April 18, 2007, the USCIS had received approximately 18,000 H-1B petitions for aliens with advanced degrees. There are an additional 20,000 H-1B visas allocated for this category.  read more ...

On April 12th the USICS announced that it had completed the computer-generated lottery to determine which H-1B petitions would be processed and receive H-1B numbers. Some confusion was caused because the USCIS did not issue receipt notices for all the 123,480 petitions received on April 2 and 3. Applicants who received receipt notices dated prior to April 12, 2007 might not received an H-1B number as the lottery was not conducted until that date. Some of those petitions (the ones that were not subsequently selected for the randomly selected lottery) will be returned and the filing fees will be refunded. USCIS will return all petitions not randomly selected for processing with the fees to the Petitioner or their authorized representative. The USCIS has announced that final notification of those petitions is expected to occur in May 2007. read more ...

The USCIS announced that the H-1B cap was reached for the fiscal year 2008. The USCIS announced that they received over 150,000 cap subject H-1B petitions. This number far exceeds the 65,000 available. The USCIS later announced all applications received on the first 2 days of filing (April 2nd and 3rd) will be subject to a random computer-generated selection process. All applications received on or after April 4, 2007 would be rejected.  read more ...

Starting April 1, 2007, the United States Citizenship and Immigration Services (USCIS) will begin to accept new H-1B filings for employment starting October 1, 2007 (Fiscal Year 2008). Standard H-1B cases will count against the cap of 65,000. Foreign nationals who hold advanced degrees (Master's or Ph.D) from U.S. universities will count against the separate advanced degree cap of 20,000. For periodic updates on the H-1B count, you can go to the USCIS website.  read more ...

The USCIS will no longer routinely requeset the FBI to expedite a name check when the only reason is that a mandamus action has been filed in Federal court.  read more ...

Effective immediately, American citizens residing abroad who wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa must filed the I-130 petition with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s.  read more ...

The U.S. Citizenship and Immigration Services website now allows USCIS customers to submit change of address information online. read more ...

On December 19, 2006, USCIS announced that it will be conducting a pilot of a redesigned naturalization test, developed to ensure a more uniform testing process. Currently, the process and the content differs from Distrint Office to another. See pilot test questions,  read more ...

A December 5, 2006 memo from Michael Aytes, USCIS Associate Director, Domestic Operations, provides guidance on the period of admission for H-4s and L-2s, applicants for H-1B status beyond the six-year maximum, and for H-1Bs who have been out of the U.S. for more than 1 year, but were not in H-1B status for a full 6 years. The memo clarifies that time spent in H-4 or L-2 status does not count against the maximum allowable period of stay available to principals in H-1B and L-1 status, and that qualifying H-1B aliens need not be in H-1B status when requesting an extension beyond the six-year maximum.  read more ...

The USCIS has announed that beginning on October 30, 2006 all new filings for Form I-539, Application to Extend/Change Nonimmigrant Status, for F-1 and M-1 student reinstatement will go to the California Service Center or the Vermont Service Center, depending on where the student is studying. Applications already filed with the USCIS District Offices will continue to be processed under the old procedures. Local USCIS offices will continue to accept I-539 filings specifically for the purpose of student reinstatement until provisions are in place allowing for direct mail filing.  read more ...

On November 8, 2006, USCIS announced that it will begin accepting premium processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability beginning November 13, 2006. In order to request premium processing, petitioners must submit Form I-140 along with Form I-907, Request for Premium Processing Service, and a $1000 processing fee. read more ...

As the holiday period nears USCIS warns, in a public service announcement, that it anticipates a high volume of requests for advance parole and other travel documents. Those needing an Advance Parole document are urged to apply soon. The Advance Parole document must be received before travel to allow for re-entry to the U.S.  read more ...

The U.S. Department of Labor (DOL) is providing an online Public Disclosure System for checking the status of Labor Certification Applications pending at the Philadelphia and Dallas Backlog Elimination Centers (BEC). By entering the ETA Case Number users can access immediate case status information.  read more ...

The USCIS has announced that in order to balance the overall workload at its Service Centers with processing capacity that certain cases will be transferred. Form I-129: Due to a high workload over the past three months, the Vermont Service Center transferred nearly 20,000 H-1B petitions subject to the FY 2007 annual numerical cap to the Texas Service Center and 6,000 cap-subject H-1B petitions to the Nebraska Service Center rather than to its "sister" Service Center under the USCIS bi-specialization program which is the California Service Center. * Form 360: The Vermont Service Center, the Texas Service Center and the Nebraska Service Center, transferred all of their pending Forms I-360 religious worker filings received at a Service Center other than the California Service Center to the California Service Center. * Form I-130: The VSC has transferred approximately 20,000 Forms I-130 (Petition for Alien Relative) to the California Service Center. read more ...

Premium Processing Services Expanded The U.S. Citizenship and Immigration Service (USCIS) will expand the Premium Processing Program to include three new visa categories. Beginning September 25, 2006, Premium Processing will be available for the following categories: EB-1 (Outstanding professors and researchers); EB-2 (Member of professions with advanced degrees or exceptional ability, excluding those seeking a National Interest Waiver); and EB-3 (Workers except for skilled workers and professionals).  read more ...

Beginning August 28 the USCIS will begin accepting premium processing requests for I-140 petitions involving EB-3 Professionals (i.e., immigrant workers with bachelors degrees who are members of the professions) and EB-3 Skilled Workers (i.e., immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Premium processing will not be available to "other workers" in the EB-3 category for jobs that do not require two years of education, training or experience.  

On July 28th, the U.S. Citizenship and Immigration Services (USCIS) announced that, as of July 26th, it had received enough H-1B petitions for "foreign workers who have earned a master's degree or higher from a U.S. institution of higher education" to meet the exemption limit of 20,000 established by Congress for fiscal year (FY) 2007. This is on top of having reached the overall H-1B cap of 65,000 on May 6, more than four months before the start of the fiscal year.  read more ...

The Vermont Service Center (VSC) recently transferred 5,000 Petitions for Nonimmigrant Workers (Form I-129) to the Texas Service Center (TSC). The VSC also transferred 22,000 Petitions for Alien Relatives (Form I-130) to the California Service Center. This move was due to a heavy work load at the VSC. See USCIS Public Notice. read more ...

The State Department has warned in its August 2006 Visa Bulleton of the retrogression or cut off dates in a number of visa categories. Retrogressed visas are seen in some family based categories and employment based 3rd and 2nd preference visa categories for Indian nationals. Further retrogression is expected for September for some employment based categories. read more ...

The US Department of State announced the results of the Diversity Lottery (DV-2007) and notified the winners. See July 18, 2006 press release. read more ...

The USCIS updated its website on June 9, 2006. See  read more ...

The July 2006 Visa Bulletin shows a retrogression of the cut-off date for the Family Based lst preference category from April 22, 2001 to January 1, 2000 for all chargeability areas except Mexico (which advanced from January 1, 1992 to May 15, 1992) and the Philippines (which advanced from September 1, 1991 to September 22, 1991). The cut-off date has also retrogressed for Family 2A visas from April 22, 2001 to September 1, 1999 for all chargeability areas except Mexico (which advanced from July 22, 1999 to September 1, 1999). The Department of State also warned that immigrant visa number use is approaching the annual limits for the year and additional retrogression of cut-off dates are possible. See State Department Visa Bulletin  read more ...

USCIS announced that it will begin issuing Requests for Additional Evidence immediately for over 10,000 Alien Fiance(e) Petitions (I-129Fs) on hold at the Service Centers to comply with the International Marriage Brokers Regulation Act of 2005 (IMBRA). Under this new regulation petitioners must disclose relevant criminal background information to Department of Homeland Security/USCIS and that DHS provide this information to the foreign fiance(e) or spouse.  read more ...

The USCIS has published a newly revised Form I-129F which complies with the new requirements regarding disclosure of criminal background information by the peteitioner to the USCIS and to the fiancee. Although the USCIS will accept the old form through July 14, 2006 you should start using the new form immediately. Using the old form will likely result in a Request for Additional Evidence in order to collect the additional information required. Beginning July 15, the old form will be rejected.  read more ...

USCIS announced on June 1, 2006, that it had received enough H-1B petitions to reachl the fiscal 2007 quota as of May 26, 2006. Any cap-subject petitions received after that date will be returned. Petitions received on that date will be subject to a "random selection process. The H-1B cap for Master's and Ph.D has not been reached yet. 

Recently he Senate passed S. 2611 also known as the "Hagel-Martinez compromise" immigration bill. This new bill will need to pass House muster and Presidential approval still in order to become effective. The Senate bill includes a path to permanent legal status for most of the undocumented immigrants in the country, a new temporary worker program, increases in family- and employment-based permanent visas, important reforms to the agricultural worker program, significant reforms to the high-skilled immigration programs, and relief for undocumented high school graduates (DREAM Act). The bill also includes some very harsh enforcement provisions and erosion of due process protections that will need to be addressed and corrected as negotiations move forward. For more information you can go to the American Immigration Lawyers Association website.  read more ...

The USCIS has now announced that Premium Processing will become available for certain I-140s, I-765s and I-539s. Under premium processing, USCIS guarantees that it will process petitions and applications within 15 calendar days in exchange for payment of an additional processing fee of $1,000. The following categories will be offered for premium processing: (1) for I-140s: EB-1, EB-2 (except NIW), and EB-3; (2) for I-765s: EB-1 to EB-5 with pending I-485s; and (3) for I-539s: B-1, J-1, J-2, E-1, E-2, H-4, L-2, O-3, P-4, R-2, and TD. The effective date for this premium processing availability will be published on the USCIS website at a future date.  

USCIS Issues Memorandum Regarding Eligibility for H-1B Cap Exemption for Master's or Higher Degrees from U.S. Institutions On May 2, USCIS Acting Associate Director, Domestic Operations, Michael Aytes issued a memorandum regarding evaluation of eligibility for the exemption from the H-1B cap for graduates of U.S. master's or higher degree programs. The memorandum provides guidance on determining whether the degree is a master's degree and whether the issuing institution qualifies as a U.S. institution of higher education.  read more ...

White House fact sheet outlines the President's goals for a comprehensive immigration reform package read more ...

The USCIS has posted new figures on H-1B usage for fiscal year 2007. As of 5/12/06, 34,808 have been granted or are pending. read more ...

The USCIS has updated its website with figures for H-1B usage. USCIS began accepting H-1B filings for start date of October 1, 2005 on April lst of this year. This site will be updated with new figures periodically so you can check there for current information. The caps include the following: 58,200 for H-1B visas (with an additional 6,800 set aside for the H-1B1 program until October 1, 2006) and 20,000 for H-1B Advanced Degree visas. USCIS estimates the number of beneficiary applications needed to reach the cap, with an allowance for denials and revocations, at 61,000 for H-1Bs and 21,000 for H-1B Advanced Degrees.  read more ...

The US State Department issued a cable regarding Form I-864 processing. According to the new requirements, sponsors filing an I-864 are only required to submit their Federal tax return for their most recent tax year, current as of the date of execution of the I-864. Also, under the new requirements, the I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge requirements. Another change is that updated tax returns should not be requested absent positive evidence of public charge issues and the sponsor signature's on Form I-864 does not need to be notarized since the sponsor is signing under penalty of perjury. Photocopies of Form I-864 that are submitted for derivative applicants do not require an original signature or notarization  read more ...

USCIS announced that it has reached the H-2B cap for the second half of fiscal year 2006. April 4, 2006 is the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2006. The "final receipt date" means the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2006. read more ...

The US Department of Labor released another FAQ on the new PERM program. The FAQs are designed to provide clarification on the many issues coming up in the PERM program. This most recent set, PERM FAQ Set 8, discusses the procedure for requesting a duplicate labor certification, and Forms ETA-750 and ETA-9089  read more ...

In a press release the USCIS provided a sample H-2B returning worker attestation. Petitions for returning H-2B workers do not count towards the congressionally mandated bi-annual cap. In roder to qualify as a returning worker not subject to the H-2B cap, a returning worker must have counted against the H-2B numerical cap during any one of the three fiscal years prior to the fiscal year of the approved start date of the H-2B petition. In order to qualify as a returning worker for Fiscal Year 2006, a worker must have counted against the H-2B congressionally mandated cap between October 1, 2002 and September 30, 2005 read more ...

Effective April 1, 2007 the USCIS began accepting filings for H-1B petitions with start date of October 1, 2006. On March 24, 2006 the USCIS issued a guidance memorandum on filing petitions for FY 2007.  read more ...

If you received an email notification that your I-140 case was transferred to the Texas Service Center take note that the USCIS has proceeded with what it terms a "bi-specialization program." In other words, the USCIS is consolidating processing of certain types of cases at certain Service Centers irrespective of where the applicant, beneficiary or petitioner reside or are located.

The American Immigration Lawyers Association provided news today regarding the Transfers of I-140 Cases from the California Service Center to the Texas Service Center.

Cite as "AILA InfoNet Doc. No. 06032412 (posted Mar. 24, 2006)"

In response to the AILA USCIS Liaison Committee's inquiry about reports of members receiving notices notices indicating that I-140 and related I-485 cases are being transferred from CSC to TSC, USCIS HQ indicated that approximately 15,000 such cases are in the process of being transferred. This is in preparation for the agency's "bi-specialization" program, whereby Service Centers will specialize in particular types of filings. For example, two service centers will handle all I-140 and related I-485 cases, and the other two will handle all I-129s. USCIS plans to issue an announcement detailing the bi-specialization program in the very near future.  

In remarks issued last week, the State Department advised about the outlook in the coming months for movement of employment-based visa numbers. DOS reported a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases. This has resulted in the rapid advancement of the established cut-off dates. DOS does not want to be in a position where there are large amounts of numbers available for use late in the fiscal year, and not enough time to make use of them. But, according to DOS, when/if the USCIS demand does materialize, it may be necessary to hold or retrogress (at some point) those dates.  

In a memorandum issued January 11, 2006, Michael Aytes, Acting Associate Director for Domestic Operations at USCIS, announced that USCIS has temporarily extended the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants  read more ...

Recent reports have indicated that EU nationals in J nonimmigrant status may be able to fulfill the two year home-country residence requirement in any EU country. In response to these reports, the Visa Office's J Waiver Division has provided the DOS Liaison Committee with clarification of prevailing policy: Since the INA requires two years in the individual's country of nationality or legal residence, and the EU is not a country, the option of returning to any of the EU countries is not acceptable. European nationals must fulfill the two year requirement in their country of nationality or legal residence.  

USCIS has announced that it has received enough H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master's or higher. The "final receipt date" for these 20,000 cap-exempt H-1B petitions is January 17, 2006. read more ...

In a press release issued January 6, 2006, USCIS provided information on the eligibility requirements and documentation needed for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status. read more ...

In a memorandum issued last month, Michael Aytes, USCIS Acting Associate Director for Domestic Operations, addressed the new policy regarding Form I-864, Affidavit of Support. This memorandum notified adjudicators of USCIS' determination that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax return, for the tax year that is most recent as of the date the I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. 

USCIS has provided updated figures on fiscal year 2006 usage of H-2B first-half numbers and H-1B numbers for graduates of U.S. advanced degree programs.  read more ...

The December Visa Bulletin shows significant movement in the priority date cutoff dates for employmenbt based immigrant visa categories, including India and China. Individuals whose priority dates are on or earlier than the cuttoff dates and have an approved I-140 petition can now file their adjustment of status applications during the visa availability period (December).  read more ...

AILA Doc. No. 05101441

In its 10/14/05 press release, the U.S. Embassy in Mexico announces that beginning Monday, October 17, an eligible Third Country National wishing to apply for a visa at a U.S. consulate in Mexico must make the interview appointment on-line via a newly launched website. read more ...

A September 23, 2005 memorandum from William Yates provides guidance to the field on how PERM will impact labor certification validity; priority dates; 7th year H-1B requests; and duplicate labor certification requests read more ...

USCIS' Service Center Operations has advised AILA that it will indefinitely accept either the ETA 750B form or the ETA 9089 form with National Interest Waiver filings. USCIS will eventually change the Code of Federal Regulations at 8 CFR 204.5(k)(4)(ii) and phase out the ETA 750B form. Until further notice either form should be accepted by a Service Center. NOTE: Department of Labor regulations at 20 CFR 656.15(b)(1) state that Schedule A applications must include an Application for Permanent Employment Certification (ETA 9089) form. Therefore the ETA 750B can no longer be used for Schedule A applications.  

Advance copy of notice expected to be published on Monday, Sept. 26, 2005, that will increase USCIS filing fees by amounts ranging from $5 to $20. The new fees will take effect 30 days from the date of publication. 

AILA Doc. No. 05092360.
USCIS has updated its website with the current count for usage of the H-1B numbers for graduates of U.S. masters or above programs for fiscal years 2005 and 2006. It appears that there will be sufficient numbers to get to the end of fiscal 2005, but usage of 2006 numbers is heavy.  read more ...

The October 2005 Visa Bulletin shows severe retrogressions in India and China employment-based first, second and third preferences, and cutoff dates in worldwide third preference. The State Department has indicated that future forward movement in these dates is likely to be limited. This is discouraging news for thousands of beneficiaries of labor certifications approved by the DOL under the new PERM system, and is an unfortunate trend for 2005 and beyond. read more ...

On September 2, 2005, DOS implemented a final rule concerning the new E-3 visa. The E-3 visa classification currently applies only to nationals of Australia coming to the United States solely to perform services in a specialty occupation. The E-3 visa is numerically limited, with a maximum of 10,500 available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal 

USCIS headquarters has confirmed to AILA that, despite rumors to the contrary, H-1B numbers remain for both fiscal 2005 and 2006 for graduates of U.S. masters or above programs. Please remember that, for fiscal 2005 numbers (i.e., a start date earlier than October 1, 2005), the petition should be filed at this special address at the Vermont Service Center: USCIS Vermont Service Center, 1A Lemnah Drive, St. Albans, VT 05479-7001. Petitions for fiscal 2006 numbers (i.e., a start date of October 1, 2005 or later) should be filed at the service center having jurisdiction over the place of employment.  

AILA InfoNet Doc. No. 05081566 (posted Aug. 15, 2005)"

Media Note Office of the Spokesman Washington, DC August 12, 2005

Passport Services Introduces Online Application Status-Checks. Effective today, August 12, 2005, customers who have recently applied for a U.S. passport and want to know the status of their application may do so by accessing http://travel.state.gov/passport/get/status/status_2567.html using a standard Internet browser. Customers can securely enter their last name, date of birth, and the last four digits of their Social Security Number to receive information on the status of their application. A customer's personal information will remain in our system only long enough for he or she to complete their inquiry, thus protecting that data, as authorized by law. This information will then be deleted from our system.

This service will enhance the status-check option currently only available to customers by phone or email at the National Passport Information Center (NPIC). It will also allow Passport Services to better allocate resources at NPIC by freeing Customer Service Representatives to respond to other calls and inquiries, reducing waiting time.

Customers may still request an application status-check via email, at travel.state.gov, or by calling, toll-free, the National Passport Information Center at 1-877-487-2778 (TDD/TTY 1-888-874-7793).

For more information on applying for a U.S. passport, forms, and a wealth of other international travel information, please visit our website at travel.state.gov. 2005/779  

USCIS has issued a notice indicating that there are now sufficient cap-subject H-1Bs in the pipeline to fill the fiscal year 2006 quota--a fiscal year that does not even start until October 1, 2005. Petitions filed after August 10, 2005, will be rejected. Those received on that date will be subject to a "random selection process."  read more ...

The Department of State (DOS) announced the Business Visa Center opened July 15. The center, which expanded from the US-China Business Initiative, assists US businesses and their partners, customers and colleagues around the world. It serves as an information source by explaining visa processes for employees, clients and partners who are coming to the US for business purposes. The Business Visa Center can be contacted at businessvisa@state.gov and 202-663-3198.  

AILA InfoNet Doc. No. 05070860 (posted Jul. 8, 2005).
The Visa Office (VO) informs AILA that it is actively working to finalize implementation of the new E-3 visa for Australian nationals performing services in a specialty occupation. Draft regulations are currently undergoing internal review by other interested agencies. Simultaneously, the State Department is seeking assurances from the Australian government that American citizens will receive reciprocal visa treatment. According to VO, implementing regulations should be ready for public notice in about two months.  read more ...

The first issue of USCIS Today has been released. It includes information on the USCIS Strategic Plan, Backlog Elimination progress, and profiles on a USCIS employee as well as an immigrant story. The newsletter will be published monthly, and archives and email subscription will be available. read more ...

On June 23, 2005, USCIS announced the implementation of new provisions to the L-1 Temporary Worker (Intracompany Transferee) program. These changes were mandated by the L-1 Visa Reform Act of 2004, which addresses the "outsourcing" of L-1B Temporary Workers.  read more ...

The July 2005 Visa Bulletin shows that the employment-based third preference for all nationalities is unavailable. Also, the July 2005 Visa Bulletin shows retrogression in the family-based preferences for Mexico and Schedule A workers now have their own category to reflect the changes contained in the REAL ID Act. 

AILA InfoNet Doc. No. 05061360 (posted Jun. 13, 2005)
USCIS advises that, despite rumors to the contrary, it has NOT reached enough fiscal year 2006 cap-subject H-1B petitions to be nearing the cap. In fact, unofficially, it has been indicated that petitions are coming in more slowly than had been predicted. However, it is still believed (again, unofficially) that the fiscal 2006 cap likely will be reached before the actual start of fiscal year 2006 on October 1, 2005.  

AILA Doc. ID: 05060366
Speaking in Canberra, Australia, Congressman Sensenbrenner addresses various questions relating to the new Australian nonimmigrant E-3 classification. Also addressed are questions about biometric passports for VWP visitors, and the Patriot Act read more ...

U.S. Citizenship and Immigration Services announced that effective May 31, 2005, all applications (regardless of the applicant's state of residence) to renew or replace green cards should be mailed to a processing facility used by USCIS known as the "Los Angeles Lockbox." The announcement stated that applications should include Form I-90, the application fee payment of $185, and a biometric fee of $70, but should NOT include initial evidence or supporting documentation, and further stated that applicants will receive their appointment notices for biometrics by mail.  read more ...

Only graduates of U.S. master's or higher programs will be eligible. A mechanism for converting petitions filed for a fiscal 2006 to a fiscal 2005 number is provided. The filing period for these additional H-1B visas or an upgrade request, will begin 5 business days after publication of the regulation in the Federal Register. Publication is expected to occur May 5, 2005. Filing could then start on May 12. All filings must be to a special address at the Vermont Service Center. A special selection process is delineated if USCIS receives more than 20,000 requests.  

A DHS proposed rule amends petitioning requirements for O and P nonimmigrant classifications, allowing an O or P petitioner to file a Form I-129 up to one year, but not earlier than 6 months, before the date of the petitioner's need for the alien's services  

Effective 5/25/05, DHS interim rule implements changes to the Soviet Scientists Immigration Act of 1992, reinstating the authority to allot visas to eligible scientists or engineers from the Commonwealth of Independent States with expertise in nuclear, chemical, biological and other high-tech fields. 

The USCIS reminds practitioners that they should rely on the USCIS processing times reports issued by the USCIS (and posted to InfoNet) as the most accurate source for processing time information, in the event that there is a variance with any other source of processing time information, including the USCIS on-line case status system. 

USCIS requests from OMB emergency clearance of the 12/10/01 version of Form I-129. USCIS seeks approval of this prior version to run concurrent with the new amended version until 4/30/05. After that date, approval of the old I-129 expires and the new version will be the only one approved for use.  

The USCIS has proposed significant changes to the H-2B Program. USCIS has proposed a new rule that would change H-2B filing to a one-step process. The proposals would also included other changes, including requiring electronic filing of the Petition for Nonimmigrant Worker (Form I-129) for most cases and no longer requiring most US employers to obtain a labor certification from the Department of Labor (DOL). According to USCIS, the proposed rule is part of its effort to streamline its business processes. 

On April 1, 2005 USCIS will begin accepting applications for new FY 2006 H-1B petitions with an October 1, 2005 start date. The congressionally mandated cap of 65,000 has been met earlier and earlier in recent years; therefore, companies wishing to file H-1B petitions are strongly advised to begin the process as early as possible. 

The State Department advised recently that, effective March 8, 2005, any J waiver applications filed with any overpayment or underpayment of the correct fee will result in the application package being returned to the sender. This advisory was issued in accordance with a Federal Register notice published February 2, 2005  

The State Department has issued a reminder for persons traveling under the Visa Waiver Program. As of October 24, 2004, Visa Waiver Program participants will need to present either a machine-readable passport or a U.S. visa. The reminder also indicates that, as of September 30, 2004, all Visa Waiver travelers arriving at U.S. ports will be enrolled in US-VISIT. 

The Department of State announced that it has extended the validity of Visas Mantis clearances for F, J, H, L, and B visas for extensions of stay after specified time periods.

Visa Mantis is a clearance process that screens against the illegal transfer of technology. Admission at a US port of entry may only be applied for once Visa Mantis is complete and a visa is issued. The validity extension means that F, J, H, L and B visa holders may not be required to obtain another Visa Mantis for the period between expiration of an original visa and the filing of a new application.  read more ...

Posted on AILA InfoNet document #05010760

On January 10, 2005, DHS announced expedited processing of certain immigration applications, including advance parole requests and relative petitions for minor children in those areas affected by the recent Asian Tsunami. DHS also said that certain periods of parole may be extended, and that individuals from either Sri Lanka or Maldives will be granted 90-day automatic stays. Finally, ICE will consider stay of removal requests from non-criminal aliens from countries other than Sri Lanka and Maldives affected by the tsunami. A copy of the DHS press release is posted to AILA InfoNet at document #05011010:  read more ...

A Federal Register notice published September 13, 2004 announced that the Social Security Administration (SSA, will require F-1 students to provide evidence of authorization by the school to work, prior to issuance of a Social Security number. This is effective October 13, 2004. F-1 students will also be required to show that they have secured employment or a promise of employment, unless they have an EAD or CPT authorization. 

The October Visa Bulletin contains a notice from the Department of State that "little if any movement of cut-off dates is expected during FY-2005" and that cut-off dates in the Employment Third preference category may appear as early as January. This will cause additional delays in processing green card applications as an I-140 petition cannot be approved until the priority date is current. 

On September 2, 2004, U.S. Citizenship and Immigration Services (CIS) announced that as of August 18, 2004, it had received 45,900 H-1B visa petitions to be counted against the fiscal year 2005 cap of 65,000. CIS did not provide an update on how many petitions had been approved, but as of August 4, 2004, CIS had approved 21,000 petitions. Please note that the overall 65,000 H-1B cap is reduced to a total of 58,200 due to the "setting aside" of visa numbers under the Free Trade Agreements with Chile and Singapore. Based on these numbers, there are roughly only 12,300 H-1B visas left for the 2005 fiscal year that will begin on October 1, 2004. Once the fiscal year cap is reached, no new cap-subject petitions may be approved until the next government fiscal year, which will start on October 1, 2005.
The annual numerical limit of 65,000 only applies to “new” petitions (i.e. those filed on behalf of prospective specialty occupation professionals who are being accorded H-1B nonimmigrant classification for the first time)

Petitions for extensions of stay with the same employer; H-1B petitions filed by a new employer for an individual who is already in H-1B status; amended H-1B petitions filed because of changes in job duties/job site; or petitions for concurrent H-1B employment are generally not considered “new” and are not counted against the cap. “Exempt” employers include nonprofit and governmental research organizations, and academic institutions and their affiliated nonprofit organizations. 

The American Immigration Lawyers Association has reported that according to information provided by USCIS, as of August 4, 2004 the agency had received 40,000 H-1Bs petitions countable against the fiscal year 2005 cap (October 1, 2004 to September 30, 2005), and of those, 21,000 had already been adjudicated. If demand continues at this rate, the entire FY2005 allotment could be used up by October leaving many with little or no visa options available. 

The Department of State Website now includes estimated nonimmigrant processing times for indivdual consular posts. You may now check on this site to find estimated waiting times for interview appointments and visa processing for nonimigrant visas, see http://travel.state.gov/visa/tempvisitors_wait.php. You should also remember that it is also important to thoroughly review all information on the specific Embassy's Consular Section website for local procedures, instructions and updates. Some consular post websites now allow you to make a visa interview appointment online. read more ...

The State Department released the Visa Bulletin for January 2005, confirming that beginning on January 1, 2005, the priority date cutoff for green card applicants from China, India, and the Philippines in the employment-based third preference (EB3) category will be January 1, 2002.  read more ...

USCIS announced, after the close of business on Friday, October 1 (the first day of the 2005 fiscal year), that it had recevied enough H-1B petitions to meet the fiscal year 2005 cap. Congress has set an annual H-1B cap of 65,000 of which 6,800 are set aside for the H-1B programs under the U.S.-Chile and U.S. Singapore Free Trade Agreements. The total H-1B cap number available for FY 2005 is therefore 58,200. The next date on which cap-subject H-1B filings can be accepted by USCIS will be April 1, 2005 (for a start work date on or after October 1, 2005). 

The USCIS announced a change in the photo requirements for all applicants from a three-quarter face position to a standard, full frontal face position to take effect August 2, 2004. USCIS will accept both the three-quarter and the full color front photographs until September 1, 2004. Applications that have already been filed that include the three-quarter standard will not be affected by this change. 

The Department of State (DOS) Has Expanded Reciprocity Period for B Visas for Chinese Nationals The State Department announced yesterday that the reciprocity schedule for China has been changed to reflect that B-1 and B-2 visas can now be issued for a validity period of up to 12 months and for multiple entries.  read more ...

On November 20, 2004, the House and Senate reached agreement on the Fiscal 2005 Omnibus Appropriations Bill (H.R. 4818).

The H-1B Visa Reform Act of 2004 ---Permanently re-institutes a $1500 fee per H-1B application to U.S. employers hiring foreign workers. The fee, which applies to extensions, renewals, and new H-1Bs, was suspended in October of 2003 when the current H-1B cap of 65,000 was introduced and will supplement job training for U.S. workers. Employers with no more than 25 full-time employees in the U.S. will only be responsible for ½ the fee or $750 per application. The bill also creates an exemption of 20,000 to the current H-1B cap of 65,000 for foreign nationals with a Master’s Degree or higher from U.S. universities (no foreign equivalency). The FY 2005 cap was filled October 1, 2004, but employees with advanced degrees may be eligible for this exemption. The exemption will go into effect 90 days from the President’s signature. Additionally, the bill adds a new “Fraud Prevention and Detection Fee” of $500 for all new H-1B and L visa petitions, as well as new L blanket petitions filed abroad. This fee goes into effect once the President signs the bill.

Finally, the bill requires employers to pay 100% of the prevailing wage. The DOL surveys must now provide 4 levels of wages commensurate with experience, education, and level of supervision, but where 2 level wage surveys are used a formula will be provided for calculating 2 additional intermediate levels.

The L-1 Visa (Intracompany Transferee) Reform Act of 2004--L-1Bs stationed at a location other than that of the petitioning employer must remain under the supervision of the petitioner. This is intended to prevent labor for hire at 3rd party sites and supervision by unaffiliated employers. L-1 Blankets must now work for a foreign division for at least 1 year prior to transferring. 

The U.S. Customs and Border Protection (CBP) has announced new discrtion fo CBP officers to grant no-risk travelers who overstayed under the Visa Waiver Program (VWP) on a prior visit a one-time parole. According to Commissioner Robert C. Bonner, "the use of discretion by CBP supervisors will avoid the detention and handcuffing which has been inappropriate for minor violations of the Visa Waiver Program." A press release issued by CBP on August 12, 2004 further explainx that “The Visa Waiver Program permits nationals from designated countries to apply for admission to the United States for 90 days or less as non-immigrant visitors for business or pleasure without first obtaining a visa. Under the Visa Waiver regulation, those individuals who overstay as part of the Visa Waiver Program must obtain a visa for subsequent visits to the U.S. With this new authority, CBP port directors and supervisors at ports of entry can grant no-risk travelers who are VWP overstays a one-time parole into the U.S. Parole is granted on a case-by-case basis and those who receive it will be informed of their status as a Visa Waiver overstay and the need to obtain a visa for any future visits to the U.S. This additional discretion will give CBP more control in the field to parole those who pose no risk for terrorism, criminality, or those who will become economic migrants.” 

The Department of Labor today published its long awaited rules for PERM, the streamlined process for obtaining labor certification, the first stage of the green card process for foreign nationals seeking permanent residence through their employment. PERM will replace the existing process for labor certification. All cases filed under current rules are being transferred to DOL backlog reduction centers (BRCs). Applications filed between now and March 28, 2005 will also be transferred to the BRCs for processing. Once the PERM program officially begins on March 28, the DOL will no longer accept applications for the current RIR or regular labor certification process; all new applications will have to comply with the new PERM requirements.  

Posted on AILA InfoNet at Doc. No. 04072962 (July 29, 2004. The interim rule amends regulations governing the issuance of EADs and establishes criteria for EAD validity periods with discretion given to USCIS to modify these periods. 

The President has signed into law H.R. 4306, which allows employers to electronically complete and store employment eligibility verification (I-9) forms. In addition to e-storage, the bill permits the use of handwritten or electronic signatures in completing the I-9 forms. This legislation does not take effect until either implementing regulations are published, or 180 days have passed, whichever is sooner.  

The registration period for the DV2006 visa lottery will run from November 5, 2004 to January 7, 2005. Registration will be exclusively on-line. For more information, go to  read more ...

The Department of Homeland Security published an interim rule on July 22, 2004 in the Federal Register, announcing an extension of the deadline for nonimimgrant health care workers to obtain visa screen certificates. The extension is provided only for Canadian and Mexican TN status holders who were employed in TN status before September 23, 2003, and held a valid license from a U.S. jurisdication. The extension is effective July 26, 2004. 

Tomorrow's Federal Register will include a notice regarding maintenance of status for certain individuals in F-1 or J-1 status who are seeking to change status to H-1B. This notice will allow these individuals to extend their status if the USCIS receives a timely filed request for change of status to H-1B no later than July 30, 2004, for a start date of October 1, 2004. 

Certain international students, exchange visitors and scholars (F, J and M nonimmigrants) attending school or conducting research in the United States will now be required to pay a $100 fee prior to obtaining their visas. Certain J-1 exchange visitor programs will pay a reduced fee of $35 or be fee-exempt. The purpose of the fee is to cover costs for the continued operation of the Student and Exchange Visitor Program (SEVP) and is mandated by the 1996 law establishing the SEVP. Different payment options will be available, including: payment by check, by mail, by credit card via the Internet or by third parities such as schools or sponsors. 

The State Department recently announced that applications for visa reissuance accepted in the United States will end on July 16, 2004. 

As of the end of May 2004, 16,100 H-1Bs countable against the fiscal 2005 cap have been approved. 

On May 26, 2004, USCIS announced that the following forms may now be e-filed through the USCIS online system: I-129, I-131, I-140, I-539, I-821, and I-907. Instructions on how to e-file these petitions can be found on the USCIS website at http://www.uscis.gov. Future additions to the on-line system are to include on-line accounts, ability to save draft forms, and secured payment capabilities. read more ...

Posted on AILA InfoNet Doc. No. 04052065 USCIS has announced that it will soon start issuing a new Form I-766 Employment Authorization Document that will encompass new security features to help prevent counterfeiting and fraud. Launch is expected in early June 2004. 

On May 4, 2004, the USCIS issued a memorandum providing guidance on the determination of ability to pay for employment based petitions. The memorandum directs an I-140 petitioner to submit either: an annual report, federal tax returns, or audited financial statements; directs a Request for Additional Evidence (RFE) if Part 5 of the I-140 petition is incomplete or for required financials; directs a positive determination when net income or assets exceed the proffered wage, or where the petitioner is presently paying the beneficiary the proffered wage. 

The Department of Labor's (DOL) Employment and Training Administration (ETA) published notice that employers filing for H-2B petitions labor certification applications may be filed at least 60 days, but not more than 120 days before the worker is needed. Employers may begin filing no earlier than June 1, 2004 for a start date of beginning October 1, 2004. 

Posted on AILA InfoNet at Doc. No. 04051410 (May 14, 2004) The Visa Office provided the following information to American Immigration Lawyers Association's Department of State Liaison Committee: Due to Chinese government action which resulted in the closure of the visa information and appointment call center, consular posts in China are unable to schedule appointments for visa interviews. When the appointments that had been scheduled on or before April 23 are exhausted, applicants will be seen on a first come, first served basis. The dates for such a turnover in procedure will vary from post to post. Prospective visa applicants are advised to refer to each post's website, where additional information and specific instructions on visa interview procedures are posted and regularly updated. AILA's Department of State Liaison Committee has been in discussion with Chinese authorities and hope the Chinese government will authorize an expeditious re-opening of the call center. 

On April 15, 2004 the USCIS announced a revised fee structure for immigration benefits that will take effect on April 30, 2004. The new fees add an average of $55 to the current application fees and increases the biometrics fee by $20 for certain applications. For the the schedule of new fees see: http://uscis.gov/graphics/publicaffairs/newsrels/USCISFeeStructure.pdf read more ...

The Department of Homeland Security announced that as of September 30, 2004, it will begin processing Visa Waiver Program (VWP) travelers in US VISIT, the entry and exit system designed to record the entry and exit of foreign visitors to the United States at all air and sea ports. US VISIT was launched on January 5, 2004. US-VISIT collects fingerprint scans and digital photographs, along with information in a visitor's travel documents. This information is used to verify the traveler's identity and is scanned against law enforcement and national security lookout lists. Based on the verification results, the visitor will be admitted to the U.S. or will be asked to undergo further verification. 

Earlier this month the Department of State issued a cable encouraging posts to issue visas with deferred validity dates in order to manage the possible flood of applications for H-1B and H-2B visas for approved FY 2005 employment. Due to the cap being reached in both the H-1B and H-2B categories, newly approved petitions will have start dates of 10/1/2005. 

Posted as AILA InfoNet at Doc. No. 04031911 (March 19, 2004) An interim regulation, long sought by the American Immigration Lawyers Association (AILA), that would allow the USCIS to issue Employment Authorization Documents (EADs) for a period appropriate to the amount of time needed to complete an adjustment of status application has cleared DHS and has been at OMB since 3/4/2004. OMB generally has 90 days to review a regulation and either reject it or clear it for publication in the Federal Register. This new interim regulation does not address validity periods for advance parole documents. 

USCIS Director Aguirre was in California this week to attend the launch of a new online appointment system that will eliminate the need to wait in line for immigration information at the Los Angeles District office and the USCIS sub-offices in Santa Ana and San Bernardino. Individuals can now use an online Internet scheduling system to make appointments for a date and time that is convenient. On March 18th, Director Aguirre met with immigration lawyers from the American Immigration Lawyers Association in Laguna Niguel, CA and explained how the new system will dramatically decrease waiting times for clients and bring back "respect and dignity" to the system. Individuals who do not have access to the Internet can make appointments using touch-screen InfoPass kiosks at any of the participating USCIS offices. The effect of this new program is expected to be felt in a few weeks. 

The USCIS announced on March 10, 2004, that it had reached the 66,000 cap for H-2Bs as of March 9, and thus will reject all petitions that are subject to the cap that are received after that date.  

On March 10, 2004 the Department of Homeland Security (DHS) issued an interim rule removing the annual numerical cap on the number of Mexican professional admissions under NAFTA. The new rule also eliminates the requirement of a filing a petition for a Mexican-based NAFTA professional and the corresponding LCA. This rule took effect retroactive to January 1, 2004. 

Due to increasing delays in visa processing resulting from national security screening checks and concern over the loss of international students due to visa delays, the Government Accounting Office of Congress (GAO) conducted a review and recently issued a report with recommendations based on its review of the consular process for science students and scholars from overseas. Visas Mantis is a security check based on sensitive technology transfer concerns. The GAO found that the average Visas Mantis processing time was 67 days but is significantly longer for nationals from China, Russia, and India. The GAO report recommends improving the Visas Mantis security check process. 

Mexican nationals may now apply for TN status directly with a U.S. Consulate. The Department of State (DOS) has issued cable guidance to its posts regarding TN requirements, licensure, visa reciprocity, instructions on processing which will be similar to procedures established to process Treaty Trader/Investor Visas, length of stay, part-time employment, spouses and minor children, and domestic servants. 

The Department of Labor's (DOL) final PERM regulation was sent to the Office of Management and Budget (OMB) on February 23, 2004. The OMB has up to 90 days to review the regulation and either return it for further work or send it on to the Federal Register for publication. The DOL has indicated that the regulation would take effect 120 days after publication. The final PERM regulations are expected to be implemented in early fall. 

Posted on AILA InfoNet at Doc. No. 04021865 (Feb. 18, 2004) American Immigration Lawyers Association AILA Calls on Congress for Immediate Change to Visa Program. The U.S. Bureau of Citizenship and Immigration Services yesterday announced that it will not accept any more new applications for the H-1B visa program, stating that the congressionally mandated FY 04 cap of 65,000 workers had been reached 5 months into the fiscal year. Many U.S. companies, as well as medical and educational institutions, utilize H-1B visas to employ highly educated foreign professionals in the United States, making the H-1B program vital to America's economy. These highly educated foreign professionals allow U.S. employers to develop new products, create groundbreaking research, implement new projects, expand operations, create new jobs, and compete in the global marketplace. The H-1B visa program allows U.S. employers to hire, on a temporary basis, highly educated foreign professionals for "specialty occupations." Examples include doctors, engineers, professors, accountants, researchers, medical personnel and computer professionals. Besides using these foreign professionals to obtain essential skills or rare and unique knowledge, U.S. employers use the program to acquire special expertise in overseas markets, trends or distribution (therefore allowing U.S. businesses to compete in global markets), or to alleviate temporary shortages of U.S. professionals where they occur in specific occupations. The H-1B visa is a tool to keep the U.S. economy vibrant and keep jobs in America. As evidenced by reaching the cap so early in the fiscal year, H-1B professionals remain essential to fill specific positions in companies across the country. As the U.S. economy improves and demand increases, U.S. employers will need increased access to these professionals. If the H-1B program cannot give U.S. employers such access, the consequence could be detrimental to America's economy. Such rig 

Washington, D.C.-- U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap. USCIS has implemented the following procedure for the remainder of FY 2004: USCIS will process all petitions filed for first-time employment received by the end of business today.USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today. Returned petitions will be accompanied by the filing fee Petitioners may re-submit their petitions when H-1B visas become available for FY 2005. The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004. Source: AILA InfoNet at Doc. No. 04021711 (Feb. 17, 2004) . 

USCIS has announced a proposal to increase its application fees by approximately $55 per application and to increase the fees for capturing biometric information of applicants/petitioners who apply for certain immigration benefit applications and petitions to $70. The list of proposed USCIS immigration benefit application fee adjustments can be found at http://www.uscis.gov. read more ...

The United States Citizenship and Immigration Service (USCIS) has released a statement announcing the H-1B usage for the FY 2004 First Quarter. According to USCIS, the total number of cap case approvals and those pending in the queue for adjudication account for 43,000 visas that could count against the H-1B Cap of 65,000 for fiscal year 2004. 

William Yates, Associate Director of Operations of the U.S. Citizenship and Immigration Services, issued a new memo which extends for another year the USCIS policy of considering I-693 medical examinations used in adjustment of status applications to be valid until the I-485 is adjudicated, if no Class A or B medical condition is certified. 

Posted on AILA InfoNet at Doc. No. 04010811 (Jan. 8, 2004) American Immigration Lawyers Association FOR IMMEDIATE RELEASE January 7, 2004 Contact: Judith Golub (202) 216-2403 jgolub@aila.org THE BUSH ADMINISTRATION'S IMMIGRATION PLAN: Right Issue - But Is It the Right Solution?

President Bush today unveiled his Administration's immigration reform proposal. He was eloquent in his recognition that immigration is in America's self-interest, and that "one of the primary reasons America became a great power in the 20th century is because we welcomed the talent and the character and the patriotism of immigrant families." The President correctly recognizes that our current immigration system makes more difficult the urgent task of securing the homeland. Importantly, President Bush also succinctly identifies a problem that needs immediate attention when he said that "As a nation that values immigration and depends on immigration, we should have immigration laws that work and make us proud. Yet today we do not."

The American Immigration Lawyers Association (AILA) agrees with the President that our current immigration laws do not make sense, do not make us safer, do not support our economy, and do not reflect our tradition as a nation of immigrants. Does the Administration's proposal adequately address these concerns that the President so eloquently raises? The jury is still out. The Administration's response is limited to an uncapped worker program in which immigrants can participate as long as they are working. Undocumented people as well as workers residing outside of the U.S. can apply for the program. American employers must make reasonable efforts to find U.S. workers. Under this proposal, temporary workers in the program will be allowed to travel back and forth between their countries of origin and the U.S., and the annual number of green cards leading to citizenship will be increased. The proposal also includes incenti 

The first phase of US VISIT, the Department of Homeland Security's newly implemented entry-exit system, became operational on January 5th at 115 airports across the country and 14 seaports. Under current congressional deadlines, the Department of Homeland Security is to expand US VISIT to the top 50 high traffic land border ports by the end of 2004. The remaining ports of entry are expected to be phased in by the end of 2005. US VISIT is being implemented to enhance our national security specifically at ports of entry, however, negative effects and repurcussions of this system are expected and the system itself is plagues with problems. Nonimmigrant visa holders will be enrolled into US VISIT during the inspections process. At that time travel documents will be scanned, a digital photo and inkless prints of both index fingers will be taken, and the individual's name will be checked first against the watchlists and later against IDENT. 

The Bar-Coded Form DS-156 is Required for Visa Revalidations. The State Department Visa Revalidation Unit has advised AILA's DOS liaison that only the Form DS-156 bearing a bar code will be accepted by that unit. The version of the form that generates the bar code can be found on the DOS' website at http://www.state.gov.  read more ...

Recently the Department of State issued a cable to all posts that expanded earlier guidance that allowed a 12-month validity for Mantis clearances for participants in government-sponsored programs to encompass ALL applicants, provided the applicant is returning to the same program or activity and sufficient evidence of the earlier clearance is available.  

The Diversity Lottery Immigrant Visa program, more commonly referred to as the "Visa Lottery" or the “DV lottery” will be open for entries from November 1 to December 30, 2003. Lottery winners will be randomly selected and will be notified by mail between May and July 2004. The Diversity Visa Lottery (“DV Lottery”) is administered annually by the Department of State. The purpose of this program is to insure the diversity of immigrants to the United States. The DV lottery program makes 50,000 permanent resident visas (“green cards”) available to natives of certain countries. The greater number of visas are allocated to regions with lower rates of immigration. Those randomly selected will have the opportunity to apply for an immigrant visa or “green card” for themselves, their spouses, and children (under the age of 21). New Procedures for Submission of Entries - All applicants must submit their applications electronically by completing the Electronic Diversity Visa (“EDV”) Entry Form at http://www.dvlottery.state.gov. Each applicant, his/her spouse, and each child must also submit a digital photo (image) online with the EDV Entry Form. Paper submissions will not be accepted. For detailed instructions regarding the requirements and the application process see the State Department website at http://www.travel.state.gov/dv2005.html  

On January 22, Tom Ridge was confirmed as the first Secretary of the Department of Homeland Security (DHS). On January 24, 2003 the new Department formally came into existence and established own official website. Following the White House reorganization plan, INS functions will be transferred to the new DHS on March 1, 2003. INS immigration services and services-related field offices will be placed in the new Bureau of Citizenship and Immigration Services, while INS enforcement units and enforcement-related field offices will become part of the Directorate for Border and Transportation Security. http://www.dhs.gov/dhspublic/ read more ...

The Department of State (DOS) has issued an interim rule changing the requirements pertaining to visa issuance for certain foreign health care workers. The interim rule imposes a requirement on certain visa applicants to obtain documentation of their professional credentials and qualifications from approved private credentialing agencies, and to provide that documentation to a consular officer in order to qualify for visa issuance. The rule provides that an alien who seeks to enter the U.S. to perform health care services (other than a physician) is excludable unless the alien presents a certificate establishing the alien's competency in a specific health care field issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) or another credentialing organization approved by the Attorney General through the INS. However, the DOS and the INS have exercised their joint discretion under INA § 212(d)(3)(A) to waive the certification requirement for nonimmigrants temporarily because of a possible conflicting U.S. obligation under the North American Free Trade Agreement. The final regulations have not yet been published. 

On November 2, 2002, President Bush signed the 21st Century Department of Justice Appropriations Authorization Act into law (Public Law No. 107-273). The new law provides for one-year extensions of nonimmigrant H-1B status where an Application for Alien Labor Certification ("Labor Cert") or Immigration Visa Petition ("I-140") has been pending for one year or more. These one-year H-1B extensions are to be available until either the labor certification or immigrant visa petition is denied, or the immigrant visa process is complete (following adjustment of status or consular processing). Prior to this new law an extension could only be granted if both the labor certification had been pending for at least one year AND the immigrant visa petition had been filed. The new law eliminates the second factor. This new law will permit a foreign national employee to remain in the United States in a valid, employment authorized status throughout the green card process. The key element for eligibility for this new benefit is that the initial application or petition must be filed with the appropriate agency before the H-1B employee begins their 6th year of H-1B stay in the United States. 

The INS issued a travel advisory reminding aliens who have applied to adjust status to that of permanent resident that they must first obtain Advance Parole (Form I-131-Application for Travel Document) from the INS before traveling abroad. Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the U.S., their applications may be denied, or both. Aliens who depart the U.S. after being unlawfully present in the U.S. for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. The INS urges all aliens with pending applications for adjustment of status to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the INS National Customer Service Center at 1-800-375-5283, or the INS website, http://www.ins.gov before making any foreign travel plans. INS travel advisory 

INS policy requires foreign nationals who reside in the United States for more than 30 days, whether temporarily or permanently, to notify INS of a change in a home address. Changes of address must be made on Form AR-11 and must be sent to a centralized INS address within 10 days of any change of address. Form AR-11 should be sent using US Certified Mail and requesting a return receipt card or other means that provides for evidence of mail delivery. http://www.ins.usdoj.gov/graphics/formsfee/forms/ar-11.htm read more ...

The Acting Director of the Missouri Service Center (MSC) advised AILA (American Immigration Lawyers Association) that the MSC is slated to become a "field processing center" where family-based adjustment of status applications (including the I-130 where concurrent filing is available and ancillary benefit applications like the I-765 and I-131) will be filed at the MSC instead of the district offices. Naturalization applications also will be filed at MSC instead of at the other service centers. MSC will perform the "pre-processing", including fee-in, IBIS checks, fingerprint scheduling and biometric collection, as well as issuance of the EADs and advance paroles. The file then will be transferred to the district office for interview. MSC expects to phase this program in, starting in June 2003 with applicants residing in the northwestern U.S.