Rajiv's Comments in the News
Date |
Newspaper |
Article Title |
|
Feb 08, 2020 |
Date |
Newspaper |
Article Title |
|
Feb 08, 2020 |
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |
One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.
Number 38
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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.
U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) final fiscal year (FY) 2019 agency statistics are now available online. These statistics include naturalizations, green cards, employment authorizations and protected populations, among other categories.
recently updated the following USCIS form(s):
Update to Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; New Edition Dated 11/08/19.
For more information, please visit Forms Updates page.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative of all completions | 49.70% | 1827 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 3 |
| I-129E2 | CNMI Treaty Investor | 100% | 4 |
| I-129F | Petition for Fiancée | 62.22% | 45 |
| I-129H1B |
USCIS today announced (PDF) that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty.
Published by : The Times Of India - Date: January 23, 2020
Quotes and Excerpts from Rajiv on the article:
Arlington based, Rajiv S. Khanna, Managing Attorney at Immigration.com views that the policy memo threatens not just a few H-1B cases but the very existence of several IT service and consulting companies, because of the atmosphere of high uncertainty of approval of H1B applications.
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |
WASHINGTON— U.S. Citizenship and Immigration Services announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.
U.S. Citizenship and Immigration Services announced updates to its Policy Manual that address mobile biometrics services and fingerprint waivers.
USCIS requires biometrics from individuals who submit applications, petitions, and requests for certain immigration benefits. USCIS uses biometrics to verify identity, produce secure documents, and conduct required criminal and national security background checks.
Mobile Biometrics Services
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court as of Jan. 30, 2020. Under the Final Rule, USCIS will look at the factors required under the law by Congress, like an alien’s age, health, income, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge.
WASHINGTON—U.S. Citizenship and Immigration Services announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee.
Published by : ETtech From the Economic Times - Date: January 03, 2020
Quotes and Excerpts from Rajiv on the article:
“There is more than a little apprehension that the process could be muddled up because of technological or workflow errors made by the government,” said Rajiv S Khanna, Managing Attorney at Immigration.com.
For more on this news please see the attachment.
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.