Immigration News and Views

Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School

Monday, August 23rd, 2010

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.

Posted in B-1 Business Visa, B-2 Tourist Visa, Immigration


H-1B Quota Update – 8/10/2010

Tuesday, August 10th, 2010

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.

Posted in H-1B Visa, Immigration


AAO Processing Times – August 2010

Tuesday, August 10th, 2010

Please click the link below for the average processing times for cases pending at the Administrative Appeals Office (AAO) as of August 1st, 2010.

AAO-processing times-8-1-10

Posted in Immigration


Change of Filing Location for Form I-539

Thursday, August 5th, 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.

Posted in B-1 Business Visa, B-2 Tourist Visa, H-1B Visa, Immigration


PERM – FAQ – Round 11

Thursday, August 5th, 2010

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.

Posted in Employer Sponsored Green Card, Immigration