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 19 June, USCIS estimated that it had received 44,500 standard H-1B Petitions (up from 44,400 estimated on 12 June 2009) and 20,000 educational exemption cap Petitions.

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

The California Service Center (CSC) has issued a reminder that petitions to extend H-1B status should coincide with the end date of the initial H-1B petition and LCA dates, not the I-94, which may reflect an additional 10 day period. The beneficiary is not eligible to work during this 10 day gap if the extension is not filed correctly. 

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

USCIS will begin again accepting Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.  Premium Processing Service remains unavailable for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

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

The Nebraska Service Center (NSC) has stated that they are now denying all applications where the applicant’s biometrics have not been completed within the first 120 days of filing.  Applicants that cannot appear at their biometrics appointment as scheduled must request rescheduling prior to their appointment date, accompanied by a reasonable excuse as to why the applicant cannot attend the appointment.   If the applicant reschedules several times or does not follow up the rescheduling request, and does not complete the biometrics in the 120 days will face denial. 

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

 

US Customs and Border Protection (CBP) has announced that effective 01 July 2009, all Visa Waiver Program (VWP) emergency or temporary passports must be electronic, also known as “e-Passports, to be eligible for travel to the United States under the VWP including for transit.  Alternatively, the traveler may apply for a nonimmigrant visitor visa.  If a VWP national arrives in the United States without an e-Passport, the CBP official may exercise his or her discretion and deny the applicant admission to the US.

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

US Citizenship and Immigration Services (USCIS) has announced that it has initiated the transfer of alien registration files for permanent retention at the National Archives.  The transfer of approximately 135,000 files is expected to be complete and available for public access by Summer 2010. 

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

USCIS is announcing that applicants may experience up to an eight (8) week delay in the delivery of their permanent resident card while USCIS upgrades its card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. 

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

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano has granted deferred action for two years to widows and widowers of U.S. citizens and their unmarried children under 18 years old who reside in the United States and who were married for less than two years prior to their spouse’s death.  This allows these individuals to remain in the United States pending further government resolution of their status in the United States. Secretary Napolitano also directed U.S. Citizenship and Immigration Services (USCIS) to suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse prior to the second anniversary of the marriage. Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children. USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. Further instructions regarding this will be forthcoming from DHS. While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status. 

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

Mr. Charles Oppenheim of the Department of State (DOS) Visa Office has advised as to the following DOS estimates regarding the movement of immigrant visa priority dates: 

-       The EB-4 category has experienced a surge in cases.  If the trend continues, visas may no longer be current later in FY 2009

-       The EB-5 category has also experienced a surge in cases this year.  Although it is expected that the EB-5 category will remain current, it will mean fewer leftover numbers will be re-allocated to the EB-1 and EB-2 categories, and possibly a longer wait for immigrants from China and India.

-       Demand for the EB-1 category worldwide is high, but the visas will remain current for FY 2009.

-       The EB-1 category for India and China are current for July 2009, but will likely be cut off in August or September 2009 based on current demand.

-       The EB-2 applicants born in India or China are likely facing a wait of years, if not decades, without legislative changes to the number of visas available.  These categories will likely become unavailable in August or September 2009.  There are approximately 25,000 adjudicated cases chargeable to India, that are queued and waiting for a visa to become available.

-       The EB-3 Worldwide category will be unavailable for the remainder of FY 2009.  The Department of Labor has cleared its backlog of Alien Labor Certification cases and there were tens of thousands of I-485 applications with priority dates in 2004 and earlier that were processed by USCIS this year. There will be extended delays in this category.  It is expected that at the start of FY 2010 on 01 October 2009, the worldwide cut off date will be 01 March 2003.

-       The EB-3 category for India, China, and Mexico applicants will remain unavailable in FY 2009.  The likely cut off date as of 01 October 2009, is estimated at: China, March 1, 2003; India, November 1, 2001; and Mexico, March 1, 2003.

-       There are approximately 25,000 EB3 applicants currently queued at the DOS awaiting at visa numbers.

-       There are 2.7 million family based applicants on the waiting lists for consular processing as of March.

-       There are approximately 50,000 employment base applicants on the waiting lists for consular processing.

-       Currently, approximately 90% of all employment based visa numbers are used by USCIS, while 75% of family based visa numbers are used by consular posts.

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

The Department of State has released the July 2009 visa bulletin summarizing the availability of immigrant numbers during July 2009. Visas remain unavailable in the EB-3 Category for all countries of chargeability.

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 05 June, USCIS estimated that it had received 44,400 standard H-1B Petitions (down from 45,800 estimated on 29 May 2009) and 20,000 educational exemption cap Petitions.

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

The US Department of States (DOS) has announced plans to open new passport agencies in the State of Vermont; Buffalo, New York; El Paso, Texas; Atlanta, Georgia; and, San Diego, California.  The new agencies will be open to the public to provide services including on-site passport applications and same day service to qualified applicants.  The DOS will also open public counters at existing offices in Hot Springs, Arkansas and Portsmouth, New Hampshire. 

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

On 29 May 2009, USCIS announced possible delays in the delivery of permanent resident cards whilst the agency is in the process of upgrading its card production equipment.

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

US Citizenship and immigration Services has issued a reminder that all individuals with the following must received Advance Parole before departing the United States: 

• been granted Temporary Protected Status (TPS);

• a pending application for adjustment of status to lawful permanent resident;

• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);

• a pending asylum application; or

• a pending application for legalization.

Such individuals may face severe consequences if they attempt to re-enter the United States without prior Advance Parole, such as refusal of re-entry to the United States and the denial or administrative closure of the pending application.

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