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DHS Reforms To Attract And Retain Highly Skilled Immigrants

Release Date: January 31, 2012

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice:]          

Visas: Issuance of Full Validity L Visas to Qualified Applicants

AGENCY:     State Department.

ACTION:       Final Rule.

Interpreting recent trends in I-94 nonimmigrant admissions has been complicated by more complete recording of entries into the United States. Beginning in 2005, at selected Southwest border crossings, the Department of Homeland Security installed new technology to record land admissions previously excluded from I-94 data systems; by 2010 this technology was installed at nearly all pedestrian crossings and vehicular lanes along the Southwest and Northern borders.

Filing location for concurrently-filed I-140/I-485 petitions 

Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions 

Correcting a mistake on the Form I-140

NSC would allow for a change of the I-140 classification to correct a clerical error as long as NSC is notified of the requested change to the box selected on the I-140. This has to be done before the case is adjudicated. However, NSC will not allow a change in the classification in response to an RFE but the issue will be considered.

EB3 skilled worker