U.S. Citizenship and Immigration Services (USCIS) has issued a reminder to individuals that have a pending application for adjustment of status, application for relief under NACARA, application for asylum, application for legalization, or that have been granted Temporary Protected Status, that they must obtain Advance Parole – permission to reenter the United States after traveling abroad – from USCIS before traveling abroad.  Attempts to reenter the United States without prior authorization may have severe consequences, since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.  Current processing times for Applications for Travel Documents are approximately 90 days.

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

US Citizenship and Immigration Services has advised that there is currently a delay of up to several days from a status update to a case through it appearing on the Online Case Status system.  USCIS is working to correct this problem.

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

USCIS has published a revised Form I-601, Application for Waiver of Inadmissibility, with the stated purpose of making it easier for applicants to complete.  The previous version of the Form I-601 will be accepted by USCIS only through 20 November 2009.

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

US Citizenship and Immigration Services continues to accept H-1B petitions that are subject to the 2010 Fiscal Year numerical cap. This includes both standard H-1B Petitions (capped at 65,000) and H-1B Petitions under the 20,000 U.S. master’s degree or higher educational exemption cap.  As of 25 September 2009, USCIS estimated that it had received 46,700 standard H-1B Petitions and 20,000 educational exemption cap Petitions.

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

USCIS issued guidance to clarify the regulatory requirements for agents who file as petitioners for the O and P visa classifications that the petition only be filed by a US employer, a US agent, or a foreign employer through a US agent.  Petitions filed by one employer on behalf of multiple other employers are not permissible, unless the petitioning employer establishes that it is “in business” as an agent, using evidence such as contracts between the agent and employers, and if:

-       The supporting documentation includes a complete itinerary of the event or events.

-       The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.

-       The contract between the employers and the beneficiary is submitted.

-       The agent explains the terms and conditions of the employment and provides and required documentation.

Additionally, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify the wage offered and the other terms and conditions of employment as described in the contractual agreement.  If the beneficiary employee is to be employed concurrently by more than one employer, and the work is not through and petitioned by an agent, each employer must file a separate petition with the appropriate USCIS service center(s).

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

US Citizenship and Immigration Services will now issue “E-Notification” for receipt of petitions and applications filed at any of the three USCIS Lockbox Facilities (Chicago, Illinois; Lewisville, Texas; Phoenix, Arizona).  Notification will be sent by email and/or text message upon acceptance of the petition or application, and will include the Receipt Number.  To receive the E-Notification, a Form G-1145 must be completed and attached to the application or petition to confirm permission for USCIS to transmit the details electronically.  E-Notification will not provide further case status updates beyond the initial notice of receipt.

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

USCIS has issued a reminder that as of 01 October 2009, all citizenship applicants must take the new version naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

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

The US Department of State opened the registration period for the DV-2011 Diversity Visa Lottery on Friday, 02 October.  Applications are accepted online only, and will be accepted until 12PM Noon, US Eastern Standard Time on 30 November 2009.  The list of eligible countries remains unchanged from DV-2010.  Individuals born in the following countries remain ineligible to apply: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

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

US Citizenship and Immigration Services has released a new Form G-28I on 01 October 2009.  The new form is for an attorney admitted to the practice of law in a country other than the United States to enter his or her appearance before the US Department of Homeland Security in a matter outside the geographical confines of the United States.  This form may not be filed with matters in offices within the United States, including with the Administrative Appeals Office.

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

US Citizenship and Immigration Services has released a revised Form G-28 on 01 October 2009.  The previous version will be accepted until 30 October 2009, and the G-28 on previously filed cases will continue to be honored.  Note:  The new version G-28 will be available in Lawlogix on Tuesday, 13 October.  Previously created forms will need to be updated using the update button, while all new G-28s created after 13 October will be the new version.

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