This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
Please check the attachment to read memo.
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
USCIS notes from the stakeholder meeting on religious workers, providing an outline of changes resulting from the Religious Worker Final Rule that was published on 11/26/08.
Please check the attachment.
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
Program Details
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
01/20/2025 12:37 PM EST
Edition Date: 01/20/25. Starting July 30, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 01/17/25 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
We have obtained several R-1 visas. One case that presented an interesting challenge was where the applicant performed secular, administrative duties. CIS believed that an R visa was not appropriate. We were able to show facts and law that convinced the USCIS to issue the visa.
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
| 1. | Legal fees (for our Office) | $3,600 payable at the commencement of the case |
| 2. | Filing fees (to the USCIS) for Form I-129 |
$1,015 (for companies with 26 or more employees) $510 (if filing as a small employer with 25 or fewer employees or as a non-profit entity) |