http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/

Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the United States for consular processing of their immigrant visa applications.

An alien would be able to obtain such a waiver only if a Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on his or her behalf and that petition has been approved, thereby classifying the alien as an “immediate relative” for purposes of the immigration laws, and he or she demonstrates that the denial of the waiver would result in extreme hardship to the alien’s U.S. citizen spouse or parent “qualifying relative.”

The qualifying relative for purposes of the waiver is not necessarily the immediate relative who filed the immigrant visa petition on the alien relative’s behalf.

Domestic petitioners will now mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the United States.

This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

There will be no change in filing locations when submitting Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status.

Individuals filing these forms together will continue to mail them to the Chicago Lockbox facility.

Petitioners filing from overseas addresses in countries without USCIS offices will also continue to file at the Chicago Lockbox facility.

Petitioners residing in a country with a USCIS office may send their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.

If you are filing a standalone Form I-130, and you live in:

Alaska, American Samoa, Arizona, California, Colorado, Florida, Guam, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Dakota, Texas, Utah, Virgin Islands, Washington, Wyoming

Mail your application to the USCIS Phoenix Lockbox:

For U.S. Postal Service (USPS) deliveries:

For Express mail and courier deliveries:

Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, D.C., West Virginia, Wisconsin.

Mail your application to the USCIS Chicago Lockbox:

For U.S. Postal Service:

For Express mail and courier deliveries:

If you live outside the United States, mail your application to the USCIS Chicago Lockbox:

For U.S. Postal Service:

For Express mail and courier deliveries:

If you are filing Form I-130 with Form I-485, Application to Register Permanent Residence or Adjust Status, and you live in the United States, Mail your application to the USCIS Chicago Lockbox

For U.S. Postal Service:

For Express mail and courier deliveries:

Senator Grassley’s amendment was objected to, therefore his hold on the bill remains. While other senators may try to negotiate a compromise amendment with Senator Grassley, at this time it appears unlikely that such an agreement is likely.

Below are processing times for recent H-1B Visa cases filed in our office:

Case #: EAC1120851224

• Date Filed with USCIS: 7/24/2011
• Date received H-1B Approval: 12/15/2011
• Time between Filing and Approval: 145 days

Case #: EAC1121151437

• Date Filed with USCIS: 7/19/2011
• Date received H-1B Approval: 12/6/2011
• Time between Filing and Approval: 141 days

Case #: WAC1123350909

• Date Filed with USCIS: 9/1/2011
• Date received H-1B Approval: 12/6/2011
• Time between Filing and Approval: 97 days

Case #: EAC1117751115

• Date Filed with USCIS: 6/1/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 182 days

Case #: EAC1202151632

• Date Filed with USCIS: 10/14/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 46 days

Case #: EAC1116452200

• Date Filed with USCIS: 5/6/2011
• Date received H-1B Approval: 11/28/2011
• Time between Filing and Approval: 207 days

Case #: WAC1110450927

• Date Filed with USCIS: 2/28/2011
• Date received H-1B Approval: 11/22/2011
• Time between Filing and Approval: 268 days

Case #: EAC1120151414

• Date Filed with USCIS: 6/30/2011
• Date received H-1B Approval: 11/10/2011
• Time between Filing and Approval: 134 days

Case #: EAC1118552740

• Date Filed with USCIS: 6/9/2011
• Date received H-1B Approval: 11/8/2011
• Time between Filing and Approval: 153 days

Case #: EAC1125950351

• Date Filed with USCIS: 9/21/2011
• Date received H-1B Approval: 11/7/2011
• Time between Filing and Approval: 48 days

Case #: EAC1120351564

• Date Filed with USCIS: 7/7/2011
• Date received H-1B Approval: 11/7/2011
• Time between Filing and Approval: 124 days

Case #: WAC1117151740

• Date Filed with USCIS: 5/19/2011
• Date received H-1B Approval: 11/1/2011
• Time between Filing and Approval: 167 days

Case #: WAC1200751023

• Date Filed with USCIS: 10/6/2011
• Date H-1B Approval: 11/1/2011
• Time between Filing and Approval: 27 days

Below are processing times for recent Marriage Based Adjustment of Status cases filed in our office:

Case #: MSC1190567602

Date Filed with USCIS: 8/17/2011

Date received I-130 / I-485 Permanent Residence Approvals: 12/5/2011

Time between Filing and Approval:3 months and 19 days.

Case #: MSC1190520030

Date Filed with USCIS: 8/3/2011

Date received I-130 / I-485 Permanent Residence Approvals: 12/5/2011

Time between Filing and Approval:4 months and 3 days.

Case #: MSC1190434101

Date Filed with USCIS: 7/8/2011

Date received I-130 / I-485 Permanent Residence Approvals: 11/21/2011

Time between Filing and Approval:4 Months and 14 days.

Case #: MSC1190420594

Date Filed with USCIS: 7/6/2011

Date received I-130 / I-485 Permanent Residence Approvals: 10/3/2011

Time between Filing and Approval:2 months and 28 days.

Case #: MSC1190231536

Date Filed with USCIS: 5/6/2011

Date received I-130 / I-485 Permanent Residence Approvals: 8/2011

Time between Filing and Approved:2 months and 27 days.  

http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/

Matter of Karl Storz Endoscopy-America – Definition of Recruitment Period

The SWA PWD (Prevailing Wage Determination) was valid from September 11, 2008 to January 1, 2009.

The Employer placed a job order with the SWA (State Workforce Agency) and placed an advertisement with a job search website on September 5, 2008 (before the PWD was issued).

The Employer filed its application for Permanent Employment Certification (ETA Form 9089) on February 11, 2009 (after the PWD expired).

BALCA Discussion:

Employers are required to file their applications or commence the required recruitment within the validity period specified by the PWD.

“The first recruitment step, whatever step that may be, initiates the recruitment process. An employer can only begin recruitment once. Accordingly, “begin the recruitment” means that an employer begins the recruitment process by conducting its first recruitment step.”

For the purposes of Section 656.17(e), “the ‘recruitment period’ . . . refers to the six months prior to filing an application,” during which all of an employer’s recruitment must be conducted.”

The term “begin the recruitment” in 20 CFR 656.40(c) refers to the commencement of the first recruitment step, not to the commencement of any individual recruitment step.

BALCA Decision:

“The CO properly denied certification because the Employer neither began recruitment nor filed its application within the PWD validity period.”