Administrative Appeals Office Processing Times
Administrative Appeals Office is an office within USCIS that decides appeals from denials of various petitions by USCIS such as H-1, L-1, I-140 etc .
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USCIS Updates H-1B Count
As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. 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.
Guestbook Entry for Sitarama Pogadadanda, United States
Name
Sitarama Pogadadanda
Country
United States
State
NC
USCIS Q&A on Pending Employment-Based Form I-485 Inventory
NOTE: The questions/answers below refer to the attachment. Please open the attachment and then read this article.
Q: Why is the wait so long for my employment-based green card?
EB1 Outstanding Professor Ph.D. in Mass Media and Communication
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
Team Notes
Sonora
Profession/Occupation
Green Card
Guestbook Entry for A. Ahluwalia, United States
Name
A. Ahluwalia
Country
United States
State
IL
E Visa Overview
E Visa can be of 3 types, E-1/E-2 (Treaty Traders and Treaty Investors) and E-3. The E-3 visa allows for the admission of an alien who is a national of the Commonwealth of Australia and who is entering the U.S. to perform services in a “specialty occupation".
Nonimmigrant Visas
P Visa Overview
The P-Visa category covers entertainers and athletes who cannot qualify under the extraordinary ability standard for the O-category. The P-1 category is set aside for:
1. Alien athletes who compete individually or as part of a team at an internationally recognized level; and
Nonimmigrant Visas
R Visa Overview
The R-1 Visa is available to those who wish to come to the United States solely as a minister or to perform a religious vocation or occupation, in either a professional or nonprofessional capacity, for a period not to exceed five (5) years.
In order to be approved for temporary admission, or extension and maintenance of status, one must meet the following requirements:
Nonimmigrant Visas
Family Visa Overview
Certain Nonimmigrant visas exist to allow Fiancés of American citizens and Spouses (and children of spouses) of U.S. Citizens to enter the United States to complete the immigration process. Other family visas exist including N Visas, a nonimmigrant classification to minimize any family separations caused by ineligibility for special immigrant status of certain parents and children. Please click on the Family Visa drop down menu to get more information on K Visa and N Visa.
Other Visas
Other Visas—Crime Victims and Witness Protection
S Visa—Witnesses Against Terrorist and Criminal Organizations
S Visas are for those individuals who provide critical, reliable information necessary to the successful investigation or prosecution of a criminal organization, and individuals who provide critical, reliable information concerning a terrorist organization and who qualify for a reward under the Department of State's rewards program.
For more information, click on S Visa to the left.
Employment-Based (EB) Green Card Overview
Immigration through Employment
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
Green Card
USCIS Memo on Improving the Filing and Review Process for Motions to Reopen or Reconsider
A USCIS memo to CIS Ombudsman responding to his recommendation states that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders.
C & D Visa Overview
"C" Nonimmigrant Visas - Transit Visas
The "C" visa is intended for those individuals whose travel takes them through the U.S., without intending to actually enter the U.S.
The specific visa codes are:
Nonimmigrant Visas
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
U.S. Citizenship and Immigration Services (USCIS) issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.
Clarification Regarding H-2B Petitions Filed by Certain Associations on Behalf of Their Members
United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members.
F-1 COS RFE; No ties with home country; 6 Years of H-1 over
Last week we received an approval for a difficult change of status RFE. We were retained to respond to an RFE for a client who had no ties to his home country (India). Six years of his H-1 were over and he was trying to get into F-1 status. He had been working and studying in Europe before coming to USA on H-1. We presented the facts of our client's background with complete honesty and sincerity. No games (which is the way all our cases are presented). I am glad to report that as has always been my belief, truthful presentation works.
Team Notes
Rohit
Nonimmigrant Visas
Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.
USCIS Continues Accepting I-693 Form In Spite of 08/31/09 Expiration Date
USCIS will accept the I-693 medical exam form with the 06/05/08 revision date, in spite of the 08/31/09 expiration date. This will continue till OMB approves the revised form.