USCIS National Stakeholder Meeting Updates - 08/26/09
Please find attached Details of USCIS National Stakeholder Meeting which was held on July 27, 2009.
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Chicago USCIS Updates – 08/27/09
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
USCIS Announces Stand Alone Application Support Centers Change in Schedule
U.S. Citizenship and Immigration Services (USCIS) Application Support Center (ASC) stand-alone sites will move to a Monday through Friday schedule beginning Nov. 2, 2009. Stand-alone ASCs are those which are not co-located with other federal offices and which previously operated Tuesday through Saturday. All ASCs, both stand-alone and co-located sites, will continue to be open from 8:00 am to 4:00 pm.
DOL Memo on Travel and Visa Expenses of H-2B Workers
The DOL released a memo to regional administrators and district directors regarding travel and visa expenses of H-2B workers under FLSA minimum wage laws. In January 2009, the Department ofHomeland Security delegated to Wage and Hour enforcement authority to ensure that H-2B workers are employed in compliance with the H-2B labor certification requirements. Wage and Hour issued regulations implementing this authority, 29 C.F.R. Part 655, which became effective on January 18,2009. Those regulations are applicable to applications for certifications filed on or after that date.
USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9 Extended to Aug. 31, 2012
U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
DHS Announces New Directives on Border Searches of Electronic Media
Department of Homeland Security (DHS) Secretary Janet Napolitano announced new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry—a critical step designed to bolster the Department’s efforts to combat transnational crime and terrorism while protecting privacy and civil liberties.
Guestbook Entry for Ranendra (Ronu) Bhanu Majumdar, India
Name
Ranendra (Ronu) Bhanu Majumdar
Country
India
State
Mumbai, Maharashtra
Extension of Comment Period for Form I-600/I-600A
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44376-44377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-66]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-600/I-600A, Revision of a Currently Approved Information Collection; Comment Request
Extension of Comment Period for Form I-485 and Supplements A and E
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request
USDOL (Wage and Hour Division) Questionnaire to Employees
Here is a document USDOL (Wage and Hour Division) is using to send to employees. This outlines the factors USDOL is most interested in when investigating an employer.
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
USCIS Updates Guidance on the International Entrepreneur Rule
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Visa Bulletin For November 2024
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
USCIS Updates Policy Guidance Clarifying Expedite Requests
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
Government Interests
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
USCIS - Form G-1055, Fee Schedule Updated
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
PERM Processing Times (as of 10/15/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
EB-2 NIW I-140 portability for employer-sponsored cases
Question details
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
FAQ Transcript
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Concerns regarding nonpayment of wages and potential H-1B impact
Question details
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
FAQ Transcript
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Maintaining LPR status (Green Card) during extended absences for employment
Question details
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
FAQ Transcript
To maintain your green card during extended absences:
- Brief trips under 6 months are generally fine.
- For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing Form N-470 to preserve continuous residence for naturalization.
- Avoid absences of 6 months or more; return within 6 months each time.
- Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
- If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
- Absences of one year or more can lead to loss of green card status without proper documentation.
Rising NIW rejection rates: Examining changes in eligibility criteria
Question details
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
FAQ Transcript
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.
USCIS Updates Policy Manual Guidance for T Visa
USCIS is revising the guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on April 30, 2024.
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Applying for green card while on a B-1 or B-2 visa
The following FAQ should cover the issues.
Q. I am a US Citizen. My parents (or spouse/spouse-to-be) are in USA on visitors visa. Can I apply for their green card? How does it all work?
Issues Relating to Delays in Various Immigration Matters
The application process, whether non-immigrant or Green Card, involves a lot of paperwork, forms to be filled out, birth certificates, and other documents like filing fees and much more. During this process, meeting government officials, visiting embassies/consulates, tracking the application progress, and writing letters to the concerned authorities regarding follow-ups or delays will be essential. Below are a few pointers that provide information and guidelines on all types of immigration delays: