Number 30
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Feb. 11, 2011
Introduction
U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.
Questions and Answers
In an effort to push more and better data out to the public, the OFLC is now making available quarterly disclosure files covering employer applications processed under the PERM, H-1B, H-2A, and H-2B visa programs. Additionally, the OFLC is publishing a new set of case level data covering employer requests for prevailing wage determinations processed by the OFLC National Prevailing Wage Center, which opened in January 2010 in Washington, DC.
"Precedent decisions" are administrative decisions of the Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), and the Attorney General, which are selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), the BIA, and the Attorney General, respectively. The Department of Justice Executive Office for Immigration Review (EOIR) publishes precedent decisions in bound volumes entitled "Administrative Decisions Under Immigration and Nationality Laws of the United States."
We have received two interesting B-2 extensions. It has been my view that under certain circumstances B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA. Apparently, USCIS agrees.
The Executive Office for Immigration Review (EOIR) announced that it has completed the installation of its Digital Audio Recording (DAR) system in all of its courtrooms, four weeks ahead of schedule. The DAR system is a state-of-theart recording tool designed to achieve a better quality and more easily accessible recording of immigration court hearings.
On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
Office of the Spokesman Washington, DC
Question Taken at the September 7, 2010 Daily Press Briefing
September 8, 2010
January 31, 2011
U.S. citizens in Egypt who require assistance, or those who are concerned that their U.S. citizen loved one in Egypt may require assistance, should contact the U.S. Department of State and the U.S. Embassy in Cairo at:
EgyptEmergencyUSC@state.gov
1-888-407-4747 toll-free in the United States and Canada
1-202-501-4444 for callers outside the United States and Canada
CBP FAQs include general information on the VWP and ESTA, as well as ESTA & data privacy, who should apply, implementation, how to apply, the ESTA fee and the Travel Promotion Act of 2009, updating the ESTA, I-94W, ESTA and U.S. visas, ESTA denials, and more.
EOIR FY2010 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
This memorandum documents USCIS policy for including information about the opportunity to file a motion to reopen or reconsider when issuing a written denial of a petition or application.
This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:
Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);
Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and
Aliens of Exceptional Ability under section 203(b)(2) INA.