New CSC Director

The USCIS announced a new appointment for the California Service Center (CSC) Director. The Director will begin in late August.

Comment on Proposed Fee Rule

The period to comment on proposed rule of increasing fees for immigration benefit petitions and applications will end on July 26, 2010.

2011 Cap and Visa Count

The count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted was updated (as of July 9, 2010, about 24,800 H-1B cap-subject petitions were receipted, and about 10,600 H-1B petitions for aliens with advanced degrees were receipted). Furthermore, 10,000 U visas were approved for FY2010.

The USCIS will hold various ceremonies across the US and abroad, including countries like Germany, to celebrate the Fourth of July. During these ceremonies, more than 3,800 candidates for citizenship will be naturalized.

Statistics were released that in the 2009 Fiscal Year, 743,715 candidates were naturalized, down from 1,046,539 in 2008.

Fact Sheet for InfoPass

USCIS began issuing a fact sheet on InfoPass, the free service for scheduling USCIS appointments, including information on what to bring to the appointments. This is available on the USCIS website.

EB-5 Stakeholder Meeting

The agenda for the meeting held on June 16, 2010 regarding EB-5 was posted by the USCIS.

H1-B for FY 2009 Characteristics

The USCIS Annual Report on Characteristics of H-1B workers for 2009 Fiscal year was issued to Congress. This information includes occupations, compensation, education levels, and countries of origin of H-1B beneficiaries.

Fee Increase

USCIS released a proposal to increase fees for immigration benefit petitions and applications by 10 percent. Furthermore, the USCIS released transcript of the news conference with Director Maryorkas on this proposal.

H-1B and H-2B Cap

H-1B: The USCIS updated the FY 2011 advanced degree cap-exempt petitions and cap-subject H-1B petitions receipted. By June 11, 2010, about 22,200 H-1B cap-subject petitions and 9,400 H-1B petitions for aliens with advanced degrees were receipted.

H-2B: By June 11, 2010, 27,778 H-2B petitions (including approved and pending petitions) were receipted by the USCIS toward 47,000 beneficiaries in the second half of FY 2010.

AILA Surveys

AILA was chosen to participate in a research study on how to better serve clients. This survey can be taken on-line and will take about 10 minutes, which can be done piecemeal. If you take this survey before July 2, 2010, you will be entered into a drawing for AILA’s 3-volume, 2010 edition of the INA $ CFR.

DOL

AILA reported problems to the DOL regarding prevailing wage source on iCert portal. The DOL is in the process of looking into possible solutions.

USCIS Modifies E-Verify

USCIS started a redesigned web interface for employers using 2-Verify, and users must complete a tutorial to use this new system.

AILA Annual Conference

The 2010 AILA Annual Conference will take place on June 30 to July 3 at Gaylord Hotel & Convention Center in National Harbor, MD. There is still time to register this event.

USCIS to Impose Fee Increase

USCIS announced an increase in application and petitions fees of about 10 percent. The fee for adjustment of status / green card application will increase from $930 to $985, and employment authorization will increase from $340 to $380. The fee for naturalization application will not increase, and the fees for certain applications, like the fiancée petition, will even be decreased.

Economic Study on the Effect of Immigration

The Migration Policy Institute released a report written by economist Giovanni Peri of University of California, Davis that states immigration is beneficial to the US economy in the long run. Even though there may be some negative outgrowths in the short run, the overall effects in the long run as it pertains to productivity, income, and employment were positive.

Immigration Reform

It has been suggested that the government, especially the Senate Democrats, will be focusing on energy legislation more so than immigration reform. Thus, it is likely that immigration reform will happen in small steps as opposed to a quick overhaul. But advocates of immigration reform are not giving up hope.

Border Patrol Paradox

It was argued by Republican Congressmen that more troops are necessary to protect the border from violence, drugs, and guns this week. But paradoxically, it is claimed by experts that dispatching more security to the border takes away from the resources necessary to solve more pressing issues.

Effect of Immigration on the Working Population

The Center for Immigration Studies released a report saying that California had the least educated working population in the US because of immigration. This report focused on the percentage of the working population without a high school diploma and disregarded all other factors. It was censured by critics for being myopic in scope and for ignorning other positive outgrowths of immigration.

Lockbox

USCIS announced that it will change the intake task from the Service Center to the Lockbox Network. This change is scheduled for the Forms I-129F, I-140, I-526, I-539, and I-817. The USCIS is currently receiving input from users of lockbox issues as they occur.

Information Session

USCIS will hold a session on May 27, 2010 for stakeholders to learn about the Validation Instrument for Business Enterprise (VIBE) which is an on-line method of professing nonimmigrant petitions and employment-based immigrant petitions. The Service Center Operations (SCOPS) will be leading this information session

EAD Modification

USCIS announced revisions of the Employment Authorization Document (EAD) [Form I-766] which now has a machine-readable zone at the back of the card. These modified cards have been issued since May 11, 2010.

2010 H-1B Cap

The USCIS updated the count of advanced degree cap-exempt petitions and FY 2011 cap-subject H-1B petitions receipted. About 19,600 H-1B cap-subject petitions have been receipted as of May 21, 2010 and about 8,200 H-1B petitions for aliens with advanced degrees were receipted.

2011 H-2B Cap

The USCIS updated the count of FY 2010 cap-restricted H-2B petitions receipted. About 26,422 H-2B petitions have been receipted as of May 21, 2010.

Source from USCIS

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. These updates and helpful filing information can be found at USCIS’ Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.
Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

Therefore, USCIS will continue to process all petitions filed. For more information on USCIS and its programs, visit http://www.uscis.gov. 
H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

From Aila Infonet Doc.

Not all H-1B beneficiaries are subject to the cap. Congress has provided that the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap. H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Additionally, petitions filed on behalf of beneficiaries who will be performing work or services solely in Guam and/or the Commonwealth of the Northern Marianas Islands (CNMI) are exempt from the cap until Dec. 31, 2014. Generally, H-1B beneficiaries seeking to extend status and/or add employers are not subject to the cap.

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students.

An employer may not file and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filing has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved the student’s extension will continue through September 30th unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected and approved, the student will have the standard 60-day grace period from the date of the rejection notice or their program or OPT end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

For more information on USCIS and its programs, visit http://www.uscis.gov or call 1-800-375-5283.

Source from USCIS

In Fiscal Year 2010, the USCIS Office of Citizenship is offering two competitive funding opportunities for organizations preparing lawful permanent residents (LPRs) for citizenship.

The Citizenship and Integration Direct Services Grant Program (DHS-10-CIS-010-003) will provide grants of up to $100,000 to strengthen locally-based citizenship service providers. The Citizenship and Integration National Capacity Building Grant Program (DHS- 10-CIS-010-002) will provide up to $500,000 to increase the capacity of members or affiliates of national, regional, or statewide organizations to offer citizenship services in underserved communities.

Direct Services Grant Program (Funding Opportunity: DHS-10-CIS-010-003)

DHS will make grant awards to support both program types. Organizations proposing citizenship education services only will not be in direct competition with organizations proposing both citizenship education services and naturalization application preparation services. Organizations proposing citizenship education services only can receive a maximum score of 100 points and will compete with organizations proposing those same services. Organizations proposing both citizenship education services and naturalization application preparation services can receive a maximum score of 160 points and will compete with organizations proposing those same services. Two separate ranked lists will be forwarded for final funding decisions. Please refer to Section V of the Direct Services Grant Program funding announcement for a full description of the review process and evaluation criteria.

For additional information on the grant program, please visit http://www.uscis.gov/grants. To learn more about applying for federal funding opportunities, please visit http://www.grants.gov/ or contact the Grants.gov support line at (800) 518-4726.

Source from USCIS

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2010 or 2011.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

extend the amount of time a current H-1B worker may remain in the United States;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; or
allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2011 H-1B petition, which can be found on our website.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit http://www.uscis.gov or call the National Customer Service Center at (800) 375-5283.

U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit http://www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Source from USCIS

U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). The change of filing location is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at http://www.uscis.gov.

The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

When filing Form I-765 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

Form I-765 may be electronically filed (e-filed) with USCIS when submitted under certain categories. View our Web site for a list of who is eligible to e-file Form I-765.

For more information on USCIS programs, visit http://www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Source from USCIS