Subject to the Quota

Question details

An employer applied for an H-1B for me two years ago under the quota and it was approved, but then I was unable to come to the U.S. to start the job. Can another employer apply for an H-1 for me now, or will I be subject to the quota again?

You should not be subject to the quota, because you were granted an H-1B approval before.

Religious Denomination’s and R Visa

Question details

I am trying to obtain an R-visa, and I read that a copy of a religious worker’s certificate of ordination must be included with a petition for an R-visa. The religious denomination that I belong to does not require any special theological education. What can my prospective employer include with my petition to satisfy this requirement?

If the denomination does not require a prescribed theological education, provide the religious denomination’s requirements for ordination to minister, a list of duties performed by virtue of ordination, the denomination’s levels of ordination, if any, and evidence of the religious worker’s completion of the denomination’s requirements for ordination.

Naturalization Procedures at Atlanta Office

Question details

Will the USCIS Atlanta Office go back to swearing in applicants on the same day as the interview?

It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.

Naturalization Policy Regarding Adjustment of Status

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Has USCIS discussed the new Naturalization policy regarding the review of the underlying adjustment case? Should clients come prepared to discuss their marriages, for example?

Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.

N-400 Interview

Question details

What is the preferred procedure for an N-400 applicant to elect to be naturalized through a federal court ceremony rather than a CIS administrative ceremony? A verbal request during the naturalization interview? A writing submitted at interview?

The preferred way is to advise the officer at the N-400 interview. This can be communicated to the CIS after the fact, but the preference and best way is to notify the officer at the time of the interview. In addition, if the applicant is requesting a name change, the oath ceremony/naturalization must be done by a federal court.

Duplicate PERM Certifications

Question details

Several people have reported receiving two certifications of the same PERM application, with different validity dates. In most (but not all) of these cases, when the case was first approved, no hard copy ETA 9089 was received by the attorney in the mail. When the case was “recertified,” a hard copy 9089 was generated. Has DOL identified what caused these duplicate approvals? Has DOL also communicated this problem to USCIS, as this could impact processing of an I-140 petition that was filed with a request that USCIS contact DOL to obtain a “duplicate” certification?

DOL indicates that there has been at least one case where the I-140 was approved by USCIS despite issuance of a “duplicate” certification with different dates. In that case, the DOL and USCIS were advised of the duplicate certification issue prior to the I-140 being approved.

Bona Fide Reasons for Withdrawal during Supervised Recruitment (SR)

Question details

Employers may choose to withdraw cases undergoing SR for many reasons, such as the employee terminating his employment, the employee obtaining a green card through other means (such as marriage), or the costs of the required recruitment. In determining any employer-wide consequences of withdrawal during the SR process, does DOL consider the explanation as to why the SR case is being withdrawn? How can an employer best provide an explanation why the SR case is being withdrawn?

DOL indicates that it does not monitor or track particular reasons for withdrawal. DOL does, however, pay attention to the rate of withdrawal both for individual employers and overall. The withdrawal rate has decreased, but at one point was more than 10%. Such a high rate of withdrawal caused DOL concern.