On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
Alert: While premium processing is suspended, petitioners may submit a request to expedite their petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria. All expedite requests will be reviewed on a case-by-case basis and requests granted at the discretion of USCIS office leadership.
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-09032013
Are you getting the right immigration help?
Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration services scam.
If you need help filing an application or petition with USCIS, be sure to seek assistance from the right place, and from people that are authorized to help. Going to the wrong place can:
Effective September 1, 2013, the DS-260 Immigrant Visa Electronic Application and the DS-261 (Choice of Address and Agent) will replace the paper based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) and the DS-3032 (Choice of Address and Agent). This message describes the timeline for deployment and provides guidance to posts.
For more information please read the telegram attached.
Well I managed to wrestle my way through cluster-crap Dar es Salaam traffic today and made it to the US Embassy at 1:45pm and was immediately whisked in.
When I walked into the consular section I was flabbergasted by the number of people there (I could easily count 50 people) and knew I'd be there for at least 2-3 hours.
Anyway the guard who ushered me in told me to go hand my green pickup slip at the counter which I did and was told to sit and wait.
I had my oath ceremony there a few months back. Family and friends are allowed in but make sure not to bring noisy kids with you because they may kick out noisy kids. Your "entourage" won't be allowed to sit with you though as they will be told to sit down either way in the back or where the jury usually sits.
They will give you a package with a few things in. I remember there was a passport application, a congratulation letter from President Obama, a brochure about voting, a copy of the oath and the lyrics of the Pledge of Allegiance which you will have to sing.
Beginning September 9, 2013, USCIS will employ a new verification tool called Customer Identity Verification (CIV) in its field offices. Customers will now submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit.
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U nonimmigrant status (U visas) for fiscal year 2013. This marks the fourth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
Each year, 10,000 U visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U-visa petition requires certification of assistance from law enforcement.
Just came back from the Oath Ceremony at White Plains' Court House. It was emotional, finally it is over. I was able to apply for my passport at the same place right after the ceremony. The Actually Ceremony only took about 15 minutes, it was the process before hand, waiting for the Immigration officers to check everyone's info that took a while. Thanks god and everyone, and good luck to all who is currently on the process...See you all in Family based forum!
My interview happened on August 23rd, was based on as Asylum based Green Card. I got to 26 Federal Plaza in Manhattan on time and sat down. About 45 minutes later, I, along with 5 other names were called and asked to come through a door. We were led into another smaller room and asked us to sit down. And told us we'd be called. It was probably a different part of the floor where other immigration officers sat. it's also possible we had special circumstances in our cases. I was called first and met an EXCEPTIONALLY professional, polite, and pleasant Immigration Officer.
SAN FRANCISCO – The efforts of an Immigration Services Officer during an interview at U.S. Citizenship and Immigration Services’ San Francisco Field Office uncovered two violations of law by Jie Zhong. The officer suspected Zhong took part in a fraudulent marriage with the purpose of cementing his claim to permanent residency and, later, U.S. citizenship.
USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.
This ruling had become a nation wide issue.