The Texas Service Center has issued a reminder that all applicants 14 years or older must sign their own applications, or the application may be rejected in the mailroom.  Parents or legal guardians may sign for applicants under the age of 14.

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 24 July, USCIS estimated that it had received 44,900 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 has announced that it will now accept R-1, Religious Worker, Petitions for Premium Processing from petitioners that have successfully passed an on-site inspection.  USCIS will not accept the Form I-907, Premium Processing Request until the passed site inspection can be confirmed for the Petitioner.  Petitioners may submit a copy of a Notice of Approval for a previous R Petition to assist USCIS in locating the inspection record.

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

The Texas Service Center has confirmed that a technical “glitch” caused its email system to send what appears to be an I-140 approval email shortly after the email notice of receipt.  These emails were sent erroneously, and can be identified as they do not contain priority dates or preference classifications.

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

The US Court of Appeals for the Ninth Circuit has found in Morales-Garcia v. Holder, that a conviction under § 273.5 of the California Penal Code for abuse of cohabitant is not categorically a crime involving moral turpitude (CMT).  Although the Court affirms that spousal abuse is a CMT, the Court reviewed §273.5 of the California Penal Code categorically to determine if all of the conduct prohibited under the statute is morally turpitudinous. The Court held that §273.5 was overly broad and a conviction under such is not a CMT, as the code includes offenses against victims such as “former cohabitants” that may not rise to the relationship considered with spousal abuse, but could rather constitute simple assault and battery, which is not a CMT.

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

Reports have been issued by AILA that fraudulent letters in the name of Department of Homeland Security/Immigration and Customs Enforcement have been received by businesses and individuals requesting the “Reporting of Undocumented Aliens,” and further sensitive personal information.  These letters have been confirmed as fraudulent, and one should confirm the validity of any similar letter received before responding.

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

The Vermont Service Center has issued a reminder that USCIS may revoke an approved blanket L petition, including a petition with indefinite approval, if none of the qualifying organizations in a blanket petition have transferred an employee pursuant to the blanket petition in three (3) years.

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

US Citizenship and Immigration Services (USCIS) has announced that the designation of Somalia for temporary protected status (TPS) has been extended for 18 months, from its current expiration date of 17 September 2009 through 17 March 2011.  The Notice also automatically extends the validity of EADs issued under the TPS designation of Somalia for 6 months, through 17 March 2010. 

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

To overcome an LCA denial when the Department of Labor (DOL) states it cannot verify the FEIN, the applicant should provide FEIN documentation to the LCA Helpdesk in Chicago.  This should be submitted by fax, email, or standard mail, and should include an official IRS document.

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

USCIS will automatically refund the Premium Processing Fee if an adjudication is not made within 15 calendar days.  However, the refund will not be issued until USCIS has completed review of the petition.  An adjudication of the case includes the issuance of a Notice of Approval, Notice of Intent to Deny, Request for Evidence, or referral of the case for investigation of fraud or misrepresentation.

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

The US Department of State (DOS) has issued a consular wire regarding the current use and proposed expansion of the use of the Form DS-160, which will eventually replace forms DS-156 and DS-157.  Twelve posts currently use Form DS-160, including some Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli.  Two additional posts in Mexico, as well as Mission Australia will begin using the DS-160 before the end of the summer.  Further expansion of the use of the Form DS-160 will not occur until the server has been upgraded, which is expected to happen in the coming months.  Also, the Form DS-160 is currently only available in English and Spanish, but DOS are working to develop Arabic, Japanese, Chinese, Russian, Serbian, and French versions for use by the end of 2009.

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