REMINDER - Changes to Direct Filing Addresses for Form I-129 Petitions
On October 12, 2017, USCIS will change the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:
On October 12, 2017, USCIS will change the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
On Nov. 9, 2017, the Department of State stopped accepting new applications for the Central American Minors (CAM) refugee program. USCIS will stop interviewing CAM cases on Jan. 31, 2018. After that date, individuals with pending applications who have not been interviewed will receive a notice with further instructions.
The 100 civics (history and government) questions and answers for the naturalization test are listed below. The civics test is an oral test and the USCIS Officer will ask the applicant up to 10 of the 100 civics questions. An applicant must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.
U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S.
Due to technical issues, the registration period for DV-2019 is being restarted, and all entries made prior to October 18, 2017, will need to be resubmitted for the entrant to be considered.
WASHINGTON—Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.
Alexandria Bay, N.Y. – U.S. Customs and Border Protection (CBP) Field Operations today announced the opening of the Cape Vincent port of entry. Cape Vincent is a seasonal port and will be open from May 1 until Oct. 31. The CBP hours of operation are 8 a.m. until 8 p.m.
To read the CRS report on US Immigration Policy on Permanent Admissions, please check the attachment.
On April 26, 2012, the Temporary Non-agricultural Employment of H-2B Aliens in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was preliminarily enjoined by the U.S. District Court for Northern District of Florida, Pensacola Division in Bayou Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK, and was never implemented.
(Tuesday, May 08, 2012)
Washington— U.S. Customs and Border Protection (CBP) and the Canada Border Services Agency (CBSA) announced today they are delivering on key commitments under the U.S.-Canada Beyond the Border Action Plan for Perimeter Security and Economic Competiveness—increasing benefits to NEXUS members, streamlining the NEXUS membership renewal process and launching a plan to increase NEXUS membership. ( NEXUS Program )
Please check the attachment to read "EB-5 Stakeholder Meeting Presentation".
The U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) will host the first of two "From Lab to Market" Enrichment Seminars for Fulbright foreign students in Cambridge, Massachusetts, May 15-19. The seminar will bring together 66 Fulbrighters from 45 countries who are pursuing graduate studies in science and technology fields at American colleges and universities, and will focus on how public health advances can be translated into accessible, global technologies.
In an effort to continue to attract the best and brightest international students to study in the United States, today DHS added more science, technology, engineering, and math (STEM) designated-degree programs to the list of qualifying student visa extensions.
The Office of Management and Budget has approved the Department's request to extend the ETA Form 9142, Appendices A.2 and B.1 and associated instructions which were previously set to expire on April 30, 2012. The new expiration date for these forms is October 31, 2012.
As of the date of this announcement, future H-2A applications should be filed using the extended ETA Form 9142 and Appendix A.2 which reflect the October 31, 2012 expiration date.
The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and the consequences of withdrawing an application in Supervised Recruitment.
What are the consequences of an employer requesting to withdraw an application undergoing Supervised Recruitment?
DOL page with revised Frequently Asked Questions on the Temporary Agricultural H-2A Program regarding Federal tax withholding applicable to H-2A workers available at OFLC website under the heading H-2A Program & subheading Job Offers, Obligations & Assurances/Rates of Pay.
What federal tax withholdings are applicable to H-2A workers?
Questions regarding the taxation and Federal withholding from H-2A workers fall under the jurisdiction of the Internal Revenue Service (IRS). IRS guidance states that foreign agricultural workers temporarily admitted into the United States on H-2A visas are exempt from Federal Unemployment Tax, U.S. Social Security and Medicare taxes on compensation paid to them for services performed in connection with the H-2A visa. Additionally, IRS guidance states that compensation paid to H-2A workers for services performed in connection with the H-2A visa is not considered to be “wages” for purposes of Federal income tax withholding, and is therefore not subject to mandatory withholding.
The IRS requires an employer to begin backup withholding if the H-2A worker does not have a Social Security Number or Individual Taxpayer Identification Number and the aggregate annual payments made to the worker are $600 or more. For more information on Federal withholdings for H-2A workers, see the IRS website at http://www.irs.gov/businesses/small/international/article/0,,id=96422,00.html. Employers should consult the IRS website to ensure that the IRS has not updated their guidance in regards to this issue.
An H-2A worker may request voluntary Federal income tax withholding. Such a request must be evidenced by a signed form W-4 provided by the worker to the employer. Note: Only Federal income tax is to be withheld. Withholding for Social Security or Medicare is not permitted, and the employer may be held responsible for reimbursement of improperly withheld amounts (see below).
Since State income tax law varies, the employer should consult with the appropriate State tax authorities to determine whether the wages of H-2A workers are subject to state income taxes.
It is important to remember that the H-2A regulations at 20 CFR 655.122(m) and 655.122(p) require the H-2A employer to pay wages when due and to ensure that all wage payments to H-2A workers are received free and clear of any improper deductions. Wages either improperly withheld or withheld based on a voluntary agreement but not remitted to the appropriate agency may be considered improper deductions.
If Federal income tax or U.S. Social Security and Medicare taxes have been improperly withheld from H-2A workers and remitted to the appropriate government agency, the Wage and Hour Division will take into consideration employer reimbursement or assistance provided to the workers to recapture such amounts in determining violations and potential penalties. The employer can evidence reimbursement to H-2A workers and the employer may seek a refund of over reported amounts using Form 941-X, Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund (see http://www.irs.gov/pub/irs-pdf/f941x.pdf). An alternate method exists in which the employer provides documented assistance to H-2A workers in completing Form 843, Claim for Refund and Request for Abatement (see www.irs.gov/pub/irs-pdf/f843.pdf); however, the IRS indicates that workers will need to provide copies of their W-2, H-2A visa, I-94 (indicating date of arrival/departure), and a statement indicating that the withheld taxes need to be returned (either from the employer or employee, who would indicate that this was requested of the employer but not provided).
Additionally, the National Taxpayer Advocate and Low Income Taxpayer Clinics are potential sources of targeted assistance to the worker regarding proper tax withholding, as indicated per http://www.irs.gov/advocate/index.html?portlet=110
Issuance Based on 2009 Petition by Los Angeles-based Skirball Cultural Center
Released May 15, 2012
WASHINGTON—U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.
[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28764-28765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11859]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB58
In reading some of the online immigration forums, we have noticed that there are a few myths on the internet about the adjustment of status, also known as the Green Card process. We hope this post helps to clear up any confusion you have about the process of getting your Green Card.
Myth # 1
USCIS must make a decision on your Green Card application (Form I-485) within 180 days after your interview.
This report provides information on the number and characteristics of persons admitted as refugees or granted asylum in the United States in 2011.
Please check the attachment to read the DHS Report.