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What should an employer do if it is unable to provide documentation in response to a decision or a request for information in a timely manner, i.e., prior to an established deadline, particularly in extenuating circumstances where the deadline is immediate?

Introduction

Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j).  This portion of the INA is provided below for convenience:

Please check the attachment for "Minutes Of Asylum Division Quarterly Stakeholder Meeting".

Reports on inconsistent PWDs

To ensure consistency on PWDs, DOL will review previously issued wage determinations.

ACWIA wages

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.

USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

Please check the attachment to view CRS report on Unauthorized Alien Students: Issues and "DREAM Act" Legislation

April 14, 2011

Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process

Final Rule Adopts Interim Rule to Improving Integrity of Form I-9 Process

U.S. Citizenship and Immigration Services (USCIS) announced today a final rule, scheduled to be published in tomorrow’s Federal Register, that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

[Federal Register: April 15, 2011 (Volume 76, Number 73)]
[Rules and Regulations]              
[Page 21225-21232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap11-1]                        


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Rules and Regulations

CIS Ombudsman recommends USCIS to strengthen the Special Immigrant Juveniles (SIJ) program by standardizing practices, stop RFEs on state court determinations of dependency, and issue guidance regarding adequate evidence.

Please check the attachment to see the CIS Ombudsman Recommendation.

The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause.  Read the text of the notice here.

The Department has published in the Federal Register a notice announcing an amendment to the Appendix B.1 of the ETA Form 9142, Application for Temporary Employment Certification. The amendment reflects an employer's obligation to pay a prevailing wage determined under the new prevailing wage methodology promulgated by the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program Final Rule, which published in the Federal Register on January 19, 2011, and applies to wages paid for work performed on or after January 1, 2012.

April 27, 2011, 2:00 – 3:00 p.m. EST

The Ombudsman's Office invites you to participate in a public teleconference on "Application Processing Times: A Conversation with USCIS." The Ombudsman's Office will interview guest speakers from USCIS' Office of Performance and Quality on the ins and outs of posting processing times and will reserve time for your questions, comments, and suggestions.

To participate, please RSVP to cisombudsman.publicaffairs@dhs.gov.

USCIS interim memo for comment provides procedural guidance for USCIS employees on making requests for the revocation of U.S. Passports to State Department. The memo is in effect until further notice. Comments are due 5/5/11.

Please check the attachment to see the Interim Memo.

[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Rules and Regulations]              
[Page 23177-23185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap11-3]                        

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Please check the attachment for CRS report.