As of 9/3/2010, USCIS has receipted 36,600 of the 65,000 available H-1B cap-subject petitions and 13,400 of the 20,000 available H-1B petitions for aliens with advanced degrees.
As of 9/3/2010, USCIS has receipted 36,600 of the 65,000 available H-1B cap-subject petitions and 13,400 of the 20,000 available H-1B petitions for aliens with advanced degrees.
USCIS issued the following Executive Summary on September 1, 2010
Teleconference: Implementing Public Law 111-230
Background
On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions.
To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.
Principal Theme
Since the enactment of this law, USCIS received various public inquiries as well as requests for clarification. During the teleconference, USCIS provided the public with responses to some of the most commonly asked questions followed by an open forum to answer additional questions.
During the teleconference, among other answers provided, USCIS informed the public that:
The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August 14, 2010;
The law will remain in effect through September 30, 2014;
This law is applicable to petitioners who employ 50 or more employees in the U.S. and more than 50% of the petitioner’s employees are in H-1B or L nonimmigrant status;
Until the Form I-129 is updated, if a petitioner believes s/he is exempt from the requirement to pay the additional fee(s), the petitioners should include a cover letter, with their filings, that explains why the added fee does not apply. At the top of the cover letter, petitioners should include a notation of whether or not the fee is required in bold capital letters;
If a petitioner does not include the added fee and USCIS determines the fee is required or if USCIS cannot determine if the fee is required, USCIS will issue a Request for Evidence (RFE) for the additional fee or for further explanation; and
If the petitioner includes the increased fee, the fee should be paid by a separate check. The check should be made payable to the Department of Homeland Security. By paying the increased fee separately, USCIS will be able to more quickly issue a refund, if it is later determined that the increased fee was not required.
Next Steps
USCIS is drafting a Questions and Answers document that will be completed shortly;
On August 19, 2010, USCIS posted to its website an Update titled USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230;
USCIS, CBP, the Department of State and the Department of Justice are communicating and coordinating the implementation of this new legislation to ensure a smooth transition; and
The public may continue to send questions related to this legislation to the Office of Public
Engagement at Public.Engagement@dhs.gov.
Is it permissible to enroll in school while in B-1/B-2 status?
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.
Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status.
Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status.
These regulations provide no exceptions.
How can I obtain F-1 or M-1 status?
If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:
You have not yet enrolled in classes
Your current status has not expired
You have not engaged in unauthorized employment
To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.
Please Note:
If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M.
If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.
What if I am not eligible?
If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad. For information about consular processing, please visit the Department of State’s website at www.state.gov/travel.
For information about the Student and Exchange Visitor Program (SEVP), please visit the SEVP website at: www.ice.gov/sevis.
As of 8/6/10, approximately 28,500 (of the 65,000 available) H-1B cap-subject petitions were receipted.
USCIS has receipted 11,900 (of the 20,000 available) H-1B petitions for aliens with advanced degrees.
Please click the link below for the average processing times for cases pending at the Administrative Appeals Office (AAO) as of August 1st, 2010.
Application to Extend/Change Nonimmigrant Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application to Extend/Change Nonimmigrant Status (Form I-539) by itself.
The new form, dated 7/15/10, is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.
Beginning Aug. 3, 2010 applicants submitting Form I-539 by itself must mail their application to the USCIS Dallas Lockbox facility.
Applicants submitting their Form I-539 with Form I-129, Petition for Nonimmigrant Worker, will continue to submit both forms to either the USCIS California Service Center or the USCIS Vermont Service Center, according to the Form I-129 filing instructions.
Dependent applicants submitting Form I-539 applications at the same time should include their application in the package with the primary applicant.
Applicants filing Form I-539 under category “P-4, Dependents of Major League Sports” Athletes or Support Personnel, should continue to file their applications at the USCIS Vermont Service Center.
Applicants filing under the category “V Nonimmigrant” should continue to file their applications at the USCIS Chicago Lockbox facility. Detailed guidance can be found in updated Form I-539 instructions at www.uscis.gov, under the “FORMS”tab.
USCIS Service Centers will forward incorrectly filed Form I-539 applications to the USCIS Dallas Lockbox facility by mail for 45 days, until Sept. 17, 2010.
After Sept. 17, 2010 applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.
USCIS will issue a reciept upon receiving a correctly filed Form I-539 in accordance with the revised filing instructions.
Applicants filing a Form I-539 at a USCIS Lockbox facility may elect to receive an e-mail and/or text message notifying them that their application has been accepted.
They must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.
U.S. Department of Labor, Employment and Training Administration
Office of Foreign Labor Certification Frequently Asked Questions – Permanent Labor Certification – Round 11
August 3, 2010
Filing – How to File
Question: Does the Office of Foreign Labor Certification expedite applications?
Answer: The Office of Foreign Labor Certification (OFLC), as a matter of long standing policy, does not expedite the processing of applications due to the particular circumstances of any individual employer, foreign worker, or a family member.
Professional/Non Professional
Question: What documentation can an employer provide to evidence its use of an employee referral program with incentives as one of the mandatory three additional recruitment steps for a professional occupation?
Answer: Pursuant to 20 CFR 656.17(e)(4)(ii)(G), an employer can document its use of an employee referral program with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered as well as other appropriate documentation.
In addition to establishing the existence of a referral program, employers must document that its employees were aware of the vacancy for which certification is being sought through means such as a posting on the employer’s internal web site.
The Notice of Filing provided to satisfy § 656.10(d) shall not be sufficient for this purpose.
What to File/Documentation
Question: May an employer submit unsolicited documentation to the National Processing Center?
Answer: Where an employer or its representative submits unsolicited documentation in conjunction with, or after filing an ETA Form 9089, the application will be automatically selected for audit except in the case of a request for reconsideration filed after an application is denied.
Where an employer or its representative submits unsolicited documentation prior to filing an ETA Form 9089, i.e., where there is no record at the National Processing Center of an application having been submitted by the employer, the documentation will be returned to the sender.
Please note that where an employer or its representative does receive a request for information or documentation from the National Processing Center, e.g. a request regarding confirmation of the bona fide existence of the business or sponsorship verification, such a request does not necessarily signify the application has been placed into the audit queue.
However, failure to respond to the request for information or documentation may result in the application being placed in the audit queue or denied.
Notice of Filing
Question: For purposes of the Notice of Filing that is required to be made in connection with a PERM application, what does the Office of Foreign Labor Certification count as a “business day?”
Answer: OFLC has consistently interpreted business days to mean Monday through Friday, except for Federal holidays.
USCIS announcement that beginning 8/3/10, Form I-129F petitions filed by a U.S. citizen on behalf of a fiancé(e) or spouse must be submitted to the USCIS Dallas Lockbox.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F).
The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications/petitions and fees.
Beginning Aug. 3, 2010 all Form I-129F petitions being filed by a U.S. citizen on behalf of a fiancé(e) or spouse must be submitted to the USCIS Dallas Lockbox facility.
For U.S. Postal Service:
USCIS
PO Box 660151
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067
Detailed guidance can be found in the updated Form I-129F instructions online at www.uscis.gov (click on the Forms tab).
The Vermont and California Service Centers will forward incorrectly filed petitions to the USCIS Dallas Lockbox for a period of 45 days until Sept. 17, 2010.
After Sept. 17, 2010, petitions and fees submitted at the Service Centers will be returned to the applicant, with a note advising them of the correct filing location.
Applicants filing a form at a USCIS Lockbox facility may elect to receive an e-mail and/or text message notifying them that their petition has been accepted by completing Form G-1145, E-Notification of Application/Petition Acceptance, and attaching it to the first page of their application.
USCIS introduced the following four new features to USCIS.gov on July 30, 2010, as a part of its commitment to continuously improve customers’ access to the agency and give them accurate, up to date and comprehensive information about their files and cases.
Online Inquiry Tool for Select Forms:
Customers may now submit an electronic inquiry directly to the appropriate Field Office or Service Center to request a status update if their Application to Replace Permanent Resident Card (Form I-90) or Application for Naturalization (Form N-400) is outside the posted processing times, rather than calling the toll-free number or making an InfoPass appointment with the local office to obtain the same information. USCIS is committed to responding within 15 days of receiving the electronic inquiry, reduced from the previous commitment to respond within 30 days. This program may be expanded to include other applications and petitions.
E-mail Notification in Spanish:
When customers register to receive e-mail updates on their case status, they can now elect to receive messages in English or Spanish. Until now, all messages had been in English.
Specific Adjudication Process Steps by Form Type on My Case Status:
When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all
forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.
Change of Address Online in Spanish:
Customers will now be able to submit a Change of Address Online in English or Spanish. The service was previously provided only in English.
The U.S. Consulate General in Ciudad Juarez is closed on July 30, 2010 to review its security posture.
American citizens are advised avoid the area around the Consulate General until it reopens.
Authorities are investigating the situation.
The Consulate General has cancelled all scheduled appointments and services for Friday, July 30.
As soon as we can reopen we will inform the public by a warden notice and posting on our web page.
American citizens with appointments for passport or other services may make a new appointment via the Consulate website below.
For non-immigrant visa applicants, our call center will call or e-mail applicants to reschedule appointments.
Alternatively, applicants may re-schedule non-immigrant visa appointments without being charged by calling 01-800-719-2525.
Immigrant visa applicants should be advised that the medical clinics where they will receive their medical exams may also close on short notice.
Immigrant visa applicants will be rescheduled for their interviews at a later date. American citizens who need emergency services only should call the Consulate General duty officer at 656 327 7877 for assistance.
American Citizens Services
U.S. Consulate General Paseo de la Victoria 3650 32543 Ciudad Juarez, Chihuahua CP 32543
Tel: (011) (52) 656-227-3000
For after-hours emergencies only, call 656-327-7877 for the duty officer. e-mail: CDJAmericancitizens@state.gov; website: http://ciudadjuarez.usconsulate.gov/