Archive | June 2009
June 22, 2009  

USCIS MEMO RE: Revisions to Adjudicator’s Field Manual (AFM) Regarding Certain Alien Physicians

<a href="/files/4941-4844/__alien_physicians.pdf”>This memorandum amends the Adjudicator’s Field Manual by providing guidance on the adjudication of Form I-140, Petition for Alien Worker filed for certain physicians. In particular, this memo provides guidance to Immigration Services Officers (ISOs), formerly known as Information Immigration Officers (IIOs) or Adjudications Officers (AOs), on how to determine if a foreign Medical Degree (MD) is the equivalent of a U.S. MD degree, and thus an advanced degree, for EB2 purposes. This memorandum also addresses how to determine whether an alien physician has met the education, training and experience requirements of the labor certification and licensure in the area of intended employment, and it clarifies that all EB2 and EB3 alien physicians must overcome the “unqualified physician” inadmissible alien provisions of INA §212(a)(5)(B) at the time of the permanent job offer.
June 22, 2009  

USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker

VIA USCIS 
WASHINGTON—USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).
After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit. USCIS will accept 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 is still not available 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.
Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check
on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.
Information about the expanded Premium Processing Service, including what classifications are eligible to request such processing, is available on the USCIS website at www.uscis.gov or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.
June 3, 2009  

Work Visa Bill Threatens Indian Outsourcers

Via BusinessWeek

June 3, 2009  

USCIS Updates FY 2010 H-1B Count (Updated 6/3/09)

VIA AILA
As of May 29, 2009, approximately 45,800 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
June 3, 2009  

AILA Praises Decision by Attorney General to Withdraw Matter of Compean

VIA AILA

FOR IMMEDIATE RELEASE:

Wednesday, June 3, 2009

CONTACT:

George Tzamaras
202-507-7649
gtzamaras@aila.org

ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:

AILA praises decision by Attorney General to withdraw Matter of Compean.

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process—Due Process, in the immigration court system.

AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. “The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,” said Charles H. Kuck, president of AILA. “By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today’s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.”

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

June 3, 2009  

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

WASHINGTON – U.S.  Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

  • 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. 

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.

Advance Parole is permission to reenter the United States after traveling abroad.  Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed. 

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.  Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.  For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.  Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.  Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status. 

Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.   Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States. 

Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.  For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?

Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.  Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.

June 2, 2009  

US consulate denies H1B visa curtailment for Indians

“US Consulate General, Hyderabad, Cornelis M Keur addressing media persons at the ‘meet the press’ programme organised by Press Club Hyderabad said that due to economic slowdown the world over, the US government has taken a decision to tie up its unemployment problem which is nine per cent. But, there was no significant change in visa policy. “We continue to issue H1B visas with little more scrutiny,” Keur said.
He said that, at the same time, the US government has framed a policy for the companies to give preference to native Americans in employment.
Obama administration has taken up a practical approach in establishing relations with the countries while there were efforts in strengthening relations with India because of the “Brain Borrowing”, he said.
Keur said there are 3 million Indians in the US who are contributing to its prosperity specially mentioning about the Andhraites who marked their presence in various fields in the US including IT.
Keur said the Hyderabad Consulate, the fourth in the country was established due to the growing trade and development in the state in the IT, biotechnology and pharma sectors.”