As of 01 February 2009, the Department of State Waiver Review Division will only accept online filed DS-3035 forms for applications to waive the two year foreign residence requirement of the J Visa under INA §212(e).

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

- In general, 30 days are allowed by the California Service Center (CSC) to respond to a RFE that requests initial evidence, while 45 days are allowed to respond to a RFE that requests additional evidence. However, it is within the discretion of the CSC adjudicators to only allow 30 days for a response to a request for additional evidence.
- In the last few months, the CSC has received 60,000 I-130 Immediate Relative Petitions, 5,000 I-539 Applications, and expects 10,000 - 15,000 more I-539 Applications from the Vermont Service Center. The CSC will receive all newly filed I-130 Petitions from the lockbox for an initial period of two months, which may be extended.
- CSC adjudicators have been advised that RFEs must be pertinent to the adjudication. This specifically references a request for evidence of how the US Company functioned without the beneficiary, and how the Foreign Company will function without the beneficiary, which was determined not to be pertinent to the adjudication.
- There has been no change in CSC policy that would limit E-1 and E-2 extensions to one year.
- The CSC will review any petition that has been returned for revocation by a US Embassy before reviewing a subsequent petition for the same beneficiary. The given example was a Fiancé Petition that was returned for revocation, but the couple subsequently marries and files and I-130 Spousal Petition before a revocation decision is made on the Fiancé Visa Petition.
- The estimated processing time for a response to a Notice of Intent to Revoke is 30-45 days once received by the CSC.
- Inquiries regarding I-526 and I-829 petitions should be directed to USCIS.ImmigrantInvestorProgram@dhs.gov

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

U.S. Citizenship and Immigration Services (USCIS) posted an announcement on 29 January 2009, indicating the delay of the implementation of the E-verify requirement for federal contractors due to pending litigation until 21 May 2009. Litigation proceedings have been stayed to allow President Barrack Obama's administration to review the proposed rule.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

A Federal Register notice has been published of a 30-Day information collection period, ending 27 February 2009, regarding the information included on the Form I-601, Application for Waiver of Grounds of Inadmissibility. USCIS had previously published a 60-day comment period on 03 September 2008, but did not receive any comments.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Embassy in London has issued a notice that travelers to the United States must enter the number of a passport that is currently valid in the ESTA on-line application. This specifically applies to travelers engaged to be married and planning to use a post-dated passport with a new surname to travel to the United States for their honeymoon. Such travelers will only be able to apply for ESTA once the post-dated passport becomes valid. As ESTA cannot guarantee last minute applications, these travelers may wish to consider obtaining a new passport in their married name after their trip.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The Administrative Review Board (ARB) has found in Administrator, Wage Hour Div. v. Help Foundation of Omaha, Inc. et al. (ARB, 12/31/08) that an employer that failed to report termination of an H-1B employee as required is liable for back wages, as the periods of unproductiveness were not due to unwillingness or unavailability of the employee to work.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The Nebraska Service Center (NSC) has changed its recommended procedure for the changing of an attorney's address where the case is pending. While a fully completed, signed G-28 is still recommended; it is no longer required by the NSC. Alternatively, the representative may submit a signed letter, on letterhead, clearly specifying the change of address and change in firm, if applicable. The letter must include the list of cases to which the request applies. Requests for change of representation still require a fully complete, signed G-28. Requests should be sent to:

Nebraska Service Center
Change of Counsel
PO Box 87865
Lincoln, NE 68501-7865
United States

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

US Department of Homeland Security has replaced the Guam Visa Waiver Program with the revised Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands (CNMI), which now allows visa-free entry for eligible nonimmigrant visitors from eligible countries to Guam and the CNMI for business or leisure travel for up to 45 days. The revised program is scheduled to come into effect on 01 June 2009.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of Homeland Security has published a rule correction in the Federal Register, which confirms that Legal Permanent Residents of the United States are also subject to biometrics screening, including the 10-point fingerprints, at US ports of entry.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of State has published a final rule in the Federal Register of the interim rule originally published 18 August 2003, which amends the manner in which foreign nationals may petition to participate in the Diversity Visa Program, popularly known as the Green Card Lottery. The previous mail in system has now been changed to an entirely electronic system.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has issued a notice that more than 1500 new waiver appointments have been added at the Field Office in Ciudad Juarez, Mexico. Applicants may reschedule a current appointment for an earlier date.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The Vermont Service Center has issued a notice that it continues to experience problems with its Premium Processing automated notice system.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has published on its website the revised Form I-9. The 05 June 2007 version of the form is only available for use until 02 February 2009.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

A Federal Register notice has been published of a 30-Day information collection period, ending 25 February 2009, regarding the information included on the Form G-28 and G-28I.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has published a revised Form I-129 on its website. Previous editions will still be accepted by USCIS.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

Travelers entering the United States through the "Ice Bridge" into Drummond Island, Michigan, must ensure they have proof of citizenship, vehicle registration, and the value of any merchandise to be declared. They must immediately report the arrival into the United States at the designated reporting station at the Drummond Island Yacht Haven. Failure to report arrival can result in criminal and civil penalties.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

Non-minister religious worker provisions in INA § 101(a)(27)(C)(ii)(II) and (III) will end on 06 March 2009. The Texas Service Center is working to identify affected cases in an effort to process these effected cases before the end date.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The Vermont Service Center has issued a notice that it has shipped a portion of I-539, I-751, and I-130 cases to the California Service Center for processing to eliminate a backlog at the Vermont Service Center. Starting 09 February 2009, all I-130 cases will be sent to the California Service Center from the lockbox.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

US Immigration and Customs enforcement has announced that a new SEVP call center has opened to address issues regarding F and M visas.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of Health and Human Services has published the 2009 Poverty Guidelines. The Guidelines are effective as of publication, unless otherwise specified by a particular agency.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of Labor has released the 2010 version of the Standard Occupational System, which Federal agencies use to group workers into occupational categories. Federal agencies will begin use of the 2010 version on 01 January 2010.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The Department of State has released the February 2009 visa bulletin summarizing the availability of immigrant numbers during February 2009.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

A Transactional Records Access Clearinghouse (TRAC) report indicates a large surge in immigration prosecutions in the last months of FY 2008. According to Justice Department data, the 11,454 immigration prosecutions in September 2008 represent an increase of more than seven hundred percent since September 2001. The annual number of cases has more than quadrupled in the eight years of the Bush administration.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

U.S. Citizenship and Immigration Services (USCIS) posted an announcement on 12 January 2009, indicating the delay of the implementation of the E-verify requirement for federal contractors due to pending litigation. The notice states that "[f]ederal contracts awarded and solicitations issued after Feb. 20, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date."

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

In a non-precedent decision determining that the beneficiary qualifies for an immigrant petition based as an advanced degree professional, the AAO holds that a 5-year M.B.B.S. degree from India is the equivalent of a U.S. M.D. degree. The court based this decision on the peer-reviewed opinion in the Electronic Database for Global Education created by AACRAO which confirm the equivalency of a M.B.B.S. from India and a M.D. from the United States.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has announced that Field Offices will be closed on the 19th and 20th of January in honor of Martin Luther King Jr. day and the Presidential Inauguration, respectively.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

On 12 January 2009, U.S. Citizenship and Immigration Services (USCIS) announced that petitions and applications related to the Alien Entrepreneur (EB-5) immigrant classifications and Regional Center Proposals under the EB-5 Immigrant Investor Pilot Program must be filed at the California Service Center (CSC). The change goes into effect on 26 January 2009; however, until 09 February 2009, applications submitted to the Texas Service Center will be forwarded automatically to the CSC.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

On 08 January 2009, US Immigration and Custom Services (USCIS) announced that the H-2B cap for FY 2009 was reached as of 07 January 2009.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The United States Department of Homeland Security has introduced the Electronic System for Travel Authorization (ESTA) under which a person traveling to the United States on the Visa Waiver Program obtains electronic travel authorization prior to boarding a carrier to travel by air or sea to the United States. The new system does not guarantee admissibility to the United States at the US port of entry, but rather authorizes a traveler to board a carrier destined for the United States.

ESTA became available as of 01 August 2008, and effective 12 January 2009, all travelers on the Visa Waiver Program will be required to obtain prior authorization through ESTA before traveling to the United States.

Whether travel authorization is required depends on whether the traveler is seeking admission to the US under the Visa Waiver Program based on their country of nationality, not the country of embarkation. Individuals with a valid United States visa are not required to obtain travel authorization through ESTA.

To obtain authorization through ESTA, travelers should visit the ESTA website at https://esta.cbp.dhs.gov, where they will be prompted to complete biographical and passport information, and answer the following series of questions similar to those found on the Form I-94W:

A) Do you have a communicable disease; physical or mental disorder; or are you a drug abuser or addict?
B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with Nazi Germany or its allies?
D) Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?
E) Have you ever detained, retained or withheld custody of a child from a U.S. citizen granted custody of the child?
F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?
G)Have you ever asserted immunity from prosecution?

It is highly recommended that travelers apply through ESTA at least 72 hours in advance of travel, as some applications may take up to 72 hours to process.

Once the traveler submits an application, one of the following responses should appear within seconds:

1. Authorization Approved: Travel authorized.
2. Travel Not Authorized: Traveler must obtain a nonimmigrant visa at a U.S. Embassy or Consulate before traveling to the U.S.
3. Authorization Pending: Traveler will need to check the ESTA Web site for updates within 72 hours to receive a final response.

Once received, travel authorization is valid for multiple entries into the United States for up to two (2) years, or until the traveler's passport expires, whichever comes first. However, travelers must update their itineraries and US destinations on the ESTA website as they are planned.

As the system is done electronically, travelers are not required to carry a paper copy of their travel authorization; however, this is recommended, and travelers should ensure they have record of their ESTA application number.

After 12 January 2009, any traveler who does not apply through ESTA or is not authorized prior to travel may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.

Once ESTA is mandatory, a traveler with valid ESTA authorization will not be required to complete the paper Form I-94W when arriving on a carrier that is capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the traveler's boarding.

If an ESTA application is not approved ("Travel Not Authorized"), a traveler may reapply for ESTA authorization after a period of ten days, but unless the traveler's circumstances have changed, the traveler will likely be again denied authorization. A traveler who is not authorized through ESTA must obtain a visa from the appropriate US Embassy or Consulate before traveling to the United States.


US Embassies and Consulates are unable to provide the reason why authorization through ESTA was denied. The ESTA Web site will provide a link to the DHS Travel Redress Inquiry Program (TRIP); however, there are no guarantees that a request for redress through TRIP will resolve the reason that authorization was denied.

Additional notes on ESTA:

- Travelers that are only transiting through the United States must still obtain authorization through ESTA. "In transit" should be entered as the address in the United States.
- Citizens of Bermuda, Canada, the Marshall Islands, and Micronesia do not need to apply through ESTA.
- Any traveler who is denied authorization while ESTA is only voluntary until 12 January 2009, may still be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.
- There is currently no fee to obtain authorization through ESTA.
- ESTA does not affect the current processing of travelers seeking to enter the United States through a land border.
- Entering false information into ESTA may render a traveler permanently ineligible for travel to the US.


For more information, please contact Ortega-Medina & Associates. http://ortega-medina.com