US Citizenship and Immigration Services (USCIS) USCIS has confirmed that if USCIS determines that they have received a sufficient number of cases in the first five business days of April to reach the H-1B cap, then the "lottery" will be based on petitions received all five days. USCIS will not begin to issue notices of receipt until 07 April 2009, the end of the five business days.  All cases that are selected through the lottery will have the same receipt date - 08 April 2009.

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

Department of Justice (DOJ) announced new FOIA guidelines on 19 March 2009, which direct all executive branch departments and agencies “to apply a presumption of openness when administering the FOIA.” agencies. The Attorney General’s guidelines direct agencies not to withhold records simply because they can technically do so, and to make discretionary disclosures of records or to release records in part when a record cannot be released in full. Furthermore, the DOJ will only defend a denial “if the agency

reasonably foresees that disclosure would harm an interest protected by one of the statutory exemptions, or disclosure is prohibited by law.” Under the previous defensibility standard of the rules rescinded today, Under the previous standard, which is rescinded with the new guidelines, the DOJ had said it would defend a a withholding if the agency had a "sound legal basis" for its decision.

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

USCIS posted an updated version of Form I-129, Petition for a Nonimmigrant Worker, and instructions on 20 March 2009. The revised form includes a question regarding whether the employer has been the recipient of TARP funding in the H-1B Data Collection and Filing Fee Exemption Supplement.  The previous edition will continue to be accepted.

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

US Citizenship and Immigration Services (USCIS) announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), and who wish to hire a foreign national to work pursuant to an H-1B Visa, based on the “Employ American Workers Act” (EAWA), which was signed into law on 17 February 2009. Under the new legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer,” and must make additional attestation when filing the Labor Condition Application (LCA). This applies to any LCA or H-1B Petition filed on or after 17 February 2009, and to any new hire based on a petition approved before 17 February 2009, if the H-1B Employee had not commenced work before 17 February 2009.  It does not apply to H-1B petitions seeking to change the status of the beneficiary already working for the employer in another category or H-1B extension petitions without a change of employer.

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

US Citizenship and Immigration Services (USCIS) has issued a reminder that the Service Centers do have discretion to issue Notices to Appear (NTA), initiating removal proceedings, when a beneficiary is not maintaining status.  However, USCIS indicated that it was not presently going to revise enforcement priorities to focus on issuance of NTAs to beneficiary’s who appear to be out-of-status, but for whom an I-140 petition is adjudicated and approved. USCIS also stated that they will not be rescinding any NTAs issued by the Texas Service Center to alien beneficiaries of approved I-140 petitions.

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

The Department of Labor (DOL) representatives have announced the delay of the launch of the new PERM form on the new iCert portal, from July 1, 2009 to September 2009 due to technical problems. The new LCA system on the iCert portal is still planned to launch on April 15, 2009, with dual use of the old LCA system until May 14, 2009, then mandatory use of the new portal beginning May 15, 2009.

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

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

USCIS has announced that, effective immediately, effective immediately, all cap-exempt H-1B petitions, including extensions, should be filed at the California Service Center. Petitions mistakenly filed with the Vermont Service Center will be rejected.

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

US Immigration and Customs Enforcement has announced the implementation of Secure Communities in Fairfax County, Virginia.  Under this program, the fingerprints of arrested individuals will now be automatically checked against both the FBI's criminal history records and the biometrics-based immigration records maintained by DHS.  ICE will be notified of any individual whose fingerprints match immigration records for evaluation of any required action.
 
For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

US Citizenship and Immigration Services (USCIS) has announced today that the Immigrant Investor Pilot Program has been extended through September 30, 2009 as part of the “Fiscal 2009 Omnibus Appropriations Bill, H.R.1105.” Following the signing of the bill, USCIS will continue to process all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Forms I-485, Applications to Register Permanent Residence or Adjust Status, based on Regional Centers and “indirect” job creation analysis.

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

The US Department of State has advised consular posts to begin using 2009 Poverty Guidelines in reviewing income and asset levels from Affidavits of Support submitted on or after 01 March 2009.

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

A memorandum published on 06 March 2009 by Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, states that P-1, Nonimmigrant Individual Athletes are not limited to one 10-year period of admission in a lifetime.  At the end of the 10-year period in P-1 status, the foreign national may apply for a new 5-year initial P-1 visa, but the foreign national must depart the United States and apply from abroad.

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

The Department of State has released the April 2009 visa bulletin summarizing the availability of immigrant numbers during April 2009. The bulletin contains retrogressions in the EB-3 Category.

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

In the decision of Alimoradi v. USCIS (C.D. CA, 2/10/09), the California District Court granted plaintiff's motion for summary judgment.  The Court found that the plaintiff was not barred from adjusting status to permanent resident in the United States, despite plaintiff’s period of unauthorized employment in the United States that exceeded 180 days.  Plaintiff was found to have satisfied the "no fault/technical reasons" exception at INA § 245(c)(2), as he relied on advice from his attorney that an approved Labor Condition Application obtained through the H-1B process, an approved I-140 petition, and a pending I-485 application were sufficient for work authorization, despite plaintiff having never applied for the appropriate work authorization.

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

US Immigration and Customs Enforcement has published an updated list of Student and Exchange Visitor Program approved schools.  The list can be found at the following web address:

http://www.ice.gov/sevis/map/approvedschoolsmap.htm

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