Visa Bulletin - January 2010
January 2010 Visa Bulletin released.
January 2010 Visa Bulletin released.
On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The proposed rule also establishes a tiered structure with separate fees for different visa categories.
U.S. Citizenship and Immigration Services (USCIS) announced the intent to end U nonimmigrant interim relief program. The U nonimmigrant interim relief program was created to allow certain crime victims to receive temporary benefits until the regulations governing U visas were published.
U.S. Citizenship and Immigration Services (USCIS) announced new addresses for prospective adoptive parents to submit a Petition to Classify Orphan as an Immediate Relative (Form I 600), and Application for Advance Processing of Orphan Petition (Form I 600A). This filing address change takes effect immediately.
Applicants in the United States who are filing to adopt an orphan must submit Forms I 600, I 600A and all supporting documents and fees to the following addresses:
As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
HHS released new technical instructions for civil surgeons regarding vaccination requirements for adjustment of status for U.S. Permanent Residents.
U.S. Citizenship and Immigration Services (USCIS) reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.
People with CNMI permits should no longer use Visa Waiver or B Visa
USCIS Processing Time Report released 12/16/09 with processing dates as of 10/31/09.
SAIPAN, CNMI— U.S. Citizenship and Immigration Services (USCIS) reminds aliens living in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for Advance Parole before traveling abroad if they do not otherwise have U.S. lawful permanent resident status or an appropriate U.S. visa (NOT a visa for “B” visitor admission only). Advance Parole is permission to re-enter the United States after traveling outside the United States, and allows people lawfully living and working in the CNMI during the period ending Nov.
U.S. Citizenship and Immigration Services (USCIS) announced revised addresses for applicants filing an Application for Naturalization (Form N-400) at USCIS Lockbox facilities in Phoenix and Dallas. This filing address change takes effect immediately.
Q: Why has it taken the United States so long to implement changes for non-U.S. citizens who are HIV-positive to visit or live in the United States?
Statement by Deputy Press Secretary Matt Chandler on DHS' Efforts to Enhance Driver's License Security
Release Date: December 18, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Proposed Rules]
[Page 68200-68208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de09-23]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 6853]
RIN 1400-AC56
Exchange Visitor Program--Secondary School Students
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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On Dec. 25, 2009, an individual on board Northwest Airlines Flight 253 set off a device and was subdued by passengers and crew. TSA wishes to acknowledge the heroic efforts of those individuals.
As a result of this incident, TSA has worked with airline and law enforcement authorities, as well as federal, state, local, and international partners to put additional security measures in place to ensure aviation security remains strong. Passengers traveling domestically and internationally to U.S. destinations may notice additional screening measures.
USCIS, provides guidance on the continuous residence exception for naturalization applicants who worked as translators or interpreters in Iraq or Afghanistan, pursuant to Section 1059(e) of the NDAA FY06.
Please check attachment for guidance memo.
On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests. USCIS remains unable to approve any Form I-600.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
This Update provides helpful hints for U.S. citizens and non-U.S. citizens on when to change your address with the U.S. Citizenship and Immigration Services (USCIS) and do it.
Changing an address with the various Federal immigration components can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman's Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), the U.S. Department of State (DOS), and/or the U.S. Department of Labor (DOL) of any change in address. Mail forwarding is not always rapid or reliable.
A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad. In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.
The following three points apply for all immigration benefits applications (see exceptionsbelow) requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:
Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.
The following forms are subject to exceptions to the above requirements.
To find the Application Support Centers (ASCs) closest to you, see the "USCIS Service and Office Locator" page. You can also call our toll free number at 1-800-375-5283.
Related links
Safety & Security of U.S. Borders: Biometrics
Fingerprints & Other Biometrics
Identification Record Request/Criminal Background Check
Upgrade to 10-Fingerprint Collection
Biometrics -DHS
USCIS Ombudsman Case Assistance Online pilot program, a new initiative allowing paperless submission of assistance requests. The pilot program is currently available in Texas and DC, with plans to expand nationwide in fall 2011.
As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.