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.
PERM Processing Times (as of 4/30/2025)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2023 |
| Audit Review | N/A |
| Reconsideration Request to the CO | March 2025 |
Agency
Green Card
Immigration Law
USCIS Assists in Investigation Leading to Conviction of Indian Citizen for Submitting Fraudulent Immigration Application
Release Date
05/05/2025
BURLINGTON, Vt. – U.S. Citizenship and Immigration Services provided valuable assistance to the investigation that led to the conviction of an Indian citizen for submitting a fraudulent immigration application.
Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
Agency
Nonimmigrant Visas
Immigration Law
Green Card
Visa Bulletin For June 2025
Number 3
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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
Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?
Question details
I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?
Related FAQs:
FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.
I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.
When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.
I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?
For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?
NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?
FAQ: Immigration impact of prior dismissed Domestic Violence case
I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?
Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.
FAQ Transcript
Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:
- Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
- Work visas (H, L, E): These are less likely to be affected by minor past incidents.
- Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
- Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.
Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:
- Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
- Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.
Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.
Port of Entry (POE) risk for a green card holder with a concurrent employment history?
Question details
I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?
FAQ Transcript
A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.
Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
H-1B extension beyond six years. PD is now current. I changed employer. Options
Question details
My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?
FAQ Transcript
If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.
Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Question details
My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.
My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.
Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.
FAQ Transcript
Employers are generally not allowed to deduct H-1B premium processing fees from an employee's salary. Most believe the employer should bear this cost. Such a deduction effectively reduces your actual pay, which could lead to issues if your salary falls below the LCA (Labor Condition Application) stipulated amount, or even if it remains above but is lower than your expected wage.
To mitigate this, you should ask your employer to consult an immigration lawyer and reimburse you for the deducted amount, restoring your salary to its original level. This step, while not a guaranteed fix, is crucial for addressing the issue.
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article:
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: