We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
Legality of “roving jobs,” consulting positions that require periodic relocation.
We represented an applicant after his application for naturalization was denied. He had obtained permanent resident status through marriage with a U.S. citizen. Applicant’s Form N-400, Application for Naturalization, was denied because of a failure to meet the good moral character requirement. USCIS questioned the veracity of applicant’s marriage, and therefore the basis of his Green Card approval.
We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE. USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees. We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.
We represented a client and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act.
The Office of Foreign Labor Certification has posted an updated program factsheet containing the Quarter 3 FY 2014 selected statistics for the Prevailing Wage Determination Program, reflecting the correct number of Prevailing wage determinations FYTD. Reports are derived from program data as of 6/30/2014. The updated program factsheets may also be found on OFLC's Performance Data page.
U.S. Customs and Border Protection (CBP) today announced the launch of the first authorized app to expedite a traveler’s entry process into the United States. Mobile Passport Control (MPC) will allow eligible travelers to submit their passport information and customs declaration form via a smartphone or tablet prior to CBP inspection. This first-of-its-kind app was developed by Airside Mobile and Airports Council International-North America (ACI-NA) in partnership with CBP as part of a pilot program at the Hartsfield-Jackson Atlanta International Airport.
USCIS customers, whose petitions or applications are processed at a USCIS Service Center or the National Benefits Center and who wish to receive certain documents by overnight delivery service, must include a valid prepaid air bill or shipping label with their filing. We will use your prepaid air bill or shipping label whenever possible. This option is ONLY available for receiving the following types of documents from certain USCIS facilities:
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service in theUSCIS Policy Manual.
U.S. Ambassador to Australia John Berry and Australia’s Minister for Immigration Scott Morrison signed a U.S.-Australia Visa and Immigration Information-Sharing Agreement on August 27, 2014.
The Department of Homeland Security recently achieved two major milestones for its trusted traveler programs. The Transportation Security Administration (TSA) Pre✓™ application program, which began in December 2013, has now enrolled more than half a million travelers. Additionally, U.S. Customs and Border Protection (CBP) has enrolled more than three million users in their trusted traveler programs: Global Entry, NEXUS and SENTRI.
This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.
Please click the attached guide to learn more.
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51247-51254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20516]
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 8850]
RIN 1400-AD47
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Visa and Citizenship Services Fee
Changes
AGENCY: Department of State.
ACTION: Interim final rule.
Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.
Today I had my interview conducted, and passport stamped as the final result. I finally can draw a closure for this 27-month-long journey. Honestly and surprisingly, I was extremely calm when I arrived USCIS office 4 am today. I was reading one of my favorite authors' (Ann Quindlen) bestseller " One True Thing" while I was waiting in the waiting room so concentratedly that when my name was called, I realized that my eyes were full of tears (yeah, the story's very touching and real. ) Anyway, here's my detail report to all of you who are still waiting: