USCIS Creates E-mail Addresses for Questions on International Adoption Applications
USCIS News Release
USCIS MAKES IT EASIER TO ASK ABOUT ADOPTION APPLICATIONS
District Offices Create Email Boxes to Respond to Questions
WASHINGTON, D.C. -U.S. Citizenship and Immigration Services (USCIS)
invites parents with questions on pending international adoption
applications to make use of newly designated email addresses devoted
solely to international adoptions. Each USCIS District Office will have
a dedicated electronic mail address reserved solely for customer
service on international adoptions.
Given the complex and highly charged issues surrounding
international adoptions, prospective adoptive parents frequently have
difficult and urgent questions that are not easily addressed through
routine customer service channels. The new e-mail service will expedite
customer communications with USCIS on issues ranging from the
completion of application forms to questions involving case status. The
email addresses can be obtained by calling the USCIS National Customer
Service Center information line at 1-800-375-5283.
USCIS anticipates that this new service will offer prospective adoptive parents more timely answers to their questions.
-USCIS-
On March 1, 2003, U.S. Citizenship and Immigration Services (USCIS)
became one of three former INS components to join the U.S. Department
of Homeland Security. USCIS is charged with fundamentally transforming
and improving the delivery of immigration and citizenship services,
while enhancing the integrity of our nation’s security.
USCIS Expands Premium Processing Service to EB-3 I-140 Petitions, New I-907 Premium Processing Form Released
Via AILA
On August 18, 2006, USCIS announced that, beginning August 28, it will begin
accepting premium processing requests for I-140 petitions involving EB-3
Professionals (i.e., immigrant workers with bachelors degrees who are
members of the professions) and EB-3 Skilled Workers (<!–
D(["mb","i.e., immigrant \nworkers capable of performing skilled labor requiring at least two years of \neducation, training or experience). Premium processing will not be available to \n"other workers" in the EB-3 category for jobs that do not require two years of \neducation, training or experience. The press release is available on AILA \nInfoNet at document #06081867: http://www.aila.org/content/default.aspx?docid\u003d20317
\n
USCIS issued a revised I-907 premium processing form which does not request \nany additional information but does include the newly designated classifications \nand a revision date of August 28, 2006. USCIS will not accept any premium \nprocessing requests for Form I-140 before August 28 and any premium processing \nrequests for Form I-129 received before August 28 must use the current Form \nI-907 with the revision date of April 1, 2006. All premium processing requests \nreceived on or after August 28, 2006 will be rejected unless they are on the \nI-907 form bearing the August 28, 2006 revision date. The revised form is \navailable on AILA InfoNet at document #06082161: http://www.uscis.gov/graphics/formsfee/forms/files/I-907Rev082806.pdf
\n
\n
3. Action Alert: Support Legislation to Protect Vulnerable Refugees and \nAsylum Seekers
\n
Urge your Representative to support H.R. 5918 and protect innocent refugees \nand asylum seekers from becoming unintended victims of the war on terrorism! \nCertain overly broad provisions in the PATRIOT Act and the REAL ID Act have in \npractice worked to deny protection to vulnerable refugees and asylum seekers. \nThe "material support" provisions affect anyone who has given any amount of \nmoney, goods or assistance to any armed group — including groups resisting \noppressive regimes and factions that extort such assistance with threats of \nviolence. In practical terms, our government is denying safety and freedom to \nrefugees and asylum seekers who, before the current provisions, would clearly \nhave qualified for protection. “,1]
);
//–>i.e., immigrant
workers capable of performing skilled labor requiring at least two years of
education, training or experience). Premium processing will not be available to
“other workers” in the EB-3 category for jobs that do not require two years of
education, training or experience.
USCIS issued a revised I-907 premium processing form which does not request
any additional information but does include the newly designated classifications
and a revision date of August 28, 2006. USCIS will not accept any premium
processing requests for Form I-140 before August 28 and any premium processing
requests for Form I-129 received before August 28 must use the current Form
I-907 with the revision date of April 1, 2006. All premium processing requests
received on or after August 28, 2006 will be rejected unless they are on the
I-907 form bearing the August 28, 2006 revision date.
AAO Unpublished Decision on “Specialty Occupation” for Film and Video Director
VIA AILA
In an unpublished decision provided to AILA courtesy of member Daniel
Huang, the AAO addressed whether the occupation of “film and video director” is
a “specialty occupation” for H-1B purposes. The AAO concluded that, despite the
fact that the DOL’s Occupational Outlook Handbook does not state that a
baccalaureate level education in a specific specialty is normally the minimum
requirement for entry into the position of director, the duties of this
particular position are so specialized and complex that knowledge required to
perform them is “usually associated with the attainment of a baccalaureate
degree or higher degree”.
USCIS Reminds Eligible Salvadorans to Re-register for Extension of TPS
August 3, 2006
USCIS Reminds Eligible Salvadorans to Re-register for Temporary Protected Status (TPS) by September 1, 2006
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today
reminded eligible Salvadorans to re-register for the 12-month extension
of Temporary Protected Status (TPS) by September 1, 2006. Under this
extension, those who have already been granted TPS are eligible to
remain and work in the United States for an additional 12 months until
September 9, 2007. Current employment authorization documents (EADs)
have also been automatically extended until March 9, 2007. There are
approximately 225,000 nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who are
eligible for re-registration. To date, USCIS has received approximately
56,000 TPS re-registration applications from Salvadoran registrants.
More information can be obtained from the USCIS National Customer
Service Center toll-free number: 1-800-375-5283. TPS forms are
available from the toll-free USCIS Forms line, 1-800-870-3676, or from
the USCIS Web site: www.uscis.gov.
-USCIS-
USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2007
VIA USCIS PRESS RELEASE 07/28/2006
20,000 Slots Reserved for Aliens with Master’s Degrees or Higher Exhausted
Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions requesting “foreign workers who have earned a master’s degree or higher from a U.S. institution of higher education” to meet the exemption limit of 20,000 established by Congress for fiscal year (FY) 2007. Consequently, USCIS has determined that the “final receipt date” for these exempt H-1B petitions is July 26, 2006. Petitions received on July 26, 2006 are subject to the random selection process described below. USCIS will reject petitions requesting a foreign worker with a master’s or higher degree earned from a U.S. institution of higher education that are received after the “final receipt date” unless the petition is otherwise eligible for a separate cap exemption.
USCIS has implemented the following procedure for H-1B filings for FY 2007 in accordance with the procedures announced in 70 FR 23775 (Allocation of Additional H-1B Visas Created by the H-1B Visa Reform Act of 2004):
- • If USCIS determines that the numerical limits have been exceeded, USCIS will identify those H-1B petitions seeking an FY 2007 number that were received on that date.
- • USCIS will then conduct a computer-generated random selection of the petitions received on that date to allocate any remaining FY 2007 H-1B numbers.
- • After random selection, any remaining H-1B petitions that do not receive an FY 2007 number and are not otherwise exempt will be rejected and returned.
- • Returned petitions will be accompanied by the filing fee.
- • Petitioners may re-submit their petitions when H-1B visas become available for FY 2008.
- • The earliest date a petitioner may file a petition requesting FY 2008 H-1B employment with an employment start date of October 1, 2007, would be April 1, 2007.
Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:
- • Extend the amount of time a current H-1B worker may remain in the United States.
- • Change the terms of employment for current H-1B workers.
- • Allow current H-1B workers to change employers.
- • Allow current H-1B workers to work concurrently in a second H-1B position.
USCIS also notes that petitions for new H-1B employment are exempt from the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
The H-1B visa program is utilized by some U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) requires U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the Department of Labor’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
USCIS received enough H-1B petitions to meet the general population H-1B cap of 65,000 for fiscal year 2007 on May 26, 2006. This information was communicated to the public via Press Release issued by USCIS on June 1, 2006. More information about the H-1B program and about USCIS is available at http://www.uscis.gov.
– USCIS –
On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services,
while enhancing our nation’s security.
H-1B Cap Count as of 07/27/2006
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.
| Cap | Beneficiaries Approved | Beneficiaries Pending | Beneficiary Target 1 | Total | Date of Last Count |
H-1B | 58,200 2 | —— | —— | —— | Cap Reached | 5/26/2006 |
H-1B Advanced Degree Exemption | 20,000 | 7,258 | 12,132 | 21,000 | 19,390 | 7/26/20063 |
H-1B (FY 06) | 58,200 | —— | —— | —— | Cap Reached | 8/10/2005 |
H-1B Advanced Degree Exemption (FY 06) | 20,000 | —— | —— | —— | Cap Reached | 1/17/2006 |
1 Refers to the estimated number on April 1, 2006, of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. This target is subject to revision later in the cap cycle as more petitions are processed.
2 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2006, the start of FY 2007. USCIS has added the projected number of unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced in the H-1B Press Release, dated June 1, 2006.
3 The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of July 26, 2006, an estimated 655 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted or entered into the C3 database. These petitions were received primarily on July 25 and 26, 2006.
H-1B Advanced Degree Exemption Cap Count as of 07/25/2006
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May
5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal
years. The Act also makes available 20,000 new H-1B visas for foreign workers
with a Master’s or higher level degree from a U.S. academic institution.
|
|
Cap |
Beneficiaries Approved |
Beneficiaries Pending |
Beneficiary Target 1 |
Total |
Date of Last Count |
|
H-1B |
58,200 2 |
—— |
—— |
—— |
Cap Reached |
5/26/2006 |
|
H-1B Advanced Degree Exemption |
20,000 |
6,832 |
12,100 |
21,000 |
18,932 |
7/25/20063 |
|
H-1B (FY 06) |
58,200 |
—— |
—— |
—— |
Cap Reached |
8/10/2005 |
|
H-1B Advanced Degree Exemption |
20,000 |
—— |
—— |
—— |
Cap Reached |
1/17/2006 |
1 Refers to the estimated number on April 1, 2006,
of beneficiary applications needed to reach the cap, with an allowance for
denials and revocations. Each target is subject to revision later in the cap
cycle as more petitions are processed.
2 6,800 visas are set aside during the fiscal year for the H-1B1
program under the terms of the legislation implementing the U.S.-Chile and
U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made
available for H-1B use with start dates beginning on October 1, 2006, the
start of FY 2007. USCIS has added the projected number of unused H-1B1
Chile/Singapore visas to the FY 2007 H-1B cap as announced in the H-1B
Press Release, dated June 1, 2006.
3
The numbers on the table for H-1B Advanced Degree Exemption include
only receipted petitions. As of July 25, 2006, an estimated 645 I-129
H-1B petitions seeking the Advanced Degree exemption had yet to be
receipted or entered into the C3 database. These petitions were
received primarily on July 24 and 25, 2006.
H-1B Advanced Degree Exemption Cap Count as of 07/20/2006
On July 19, 2006, USCIS updated the current cap count with new data gathered
as of July 18. The number of approved and receipted pending petitions has
now reached 16,991. Approximately 360 H-1B Advanced Degree petitions have
been received but have not yet been data-entered and receipted. As of July
19, the combined approximate total is 17,351. Data gathered on July 11 and
posted to the USCIS website on July 12 showed that approximately 16,008
petitions had been approved, data-entered, or received but not yet processed as
of July 11. Thus, USCIS received a little over 1,343 petitions in the
course of 5 business days.
H-1B Advanced Degree Exemption
|
|
Cap |
Beneficiaries Approved |
Beneficiaries Pending |
Beneficiary Target 1 |
Total |
Date of Last Count |
|
H-1B |
58,200 2 |
—— |
—— |
—— |
Cap Reached |
5/26/2006 |
|
H-1B Advanced Degree Exemption |
20,000 |
5,943 |
11,505 |
21,000 |
16,991 |
7/18/20063 |
|
H-1B (FY 06) |
58,200 |
—— |
—— |
—— |
Cap Reached |
8/10/2005 |
|
H-1B Advanced Degree Exemption (FY 06) |
20,000 |
—— |
—— |
—— |
Cap Reached |
1/17/2006 |
1
Refers to the estimated numbers of beneficiary applications needed to
reach the cap, with an allowance for denials and revocations. Each
target is subject to revision later in the cap cycle as more petitions
are processed.
2 6,800
visas are set aside during the fiscal year for the H-1B1 program under
the terms of the legislation implementing the U.S.-Chile and
U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can
be made available for H-1B use with start dates beginning on October 1,
2006, the start of FY 2007. USCIS has added the projected number of
unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced
in the H-1B Press Release, dated June 1, 2006.
3
The numbers on the table for H-1B Advanced Degree Exemption include
only receipted petitions. As of July 18, 2006, an estimated 360 I-129
H-1B petitions seeking the Advanced Degree exemption had yet to be
receipted. Several hundred of these petitions were received prior to
July 18, 2006.
Bad News for Some H-1B Applicants
On July 10, USCIS Service Center Operations (SCOPS) informed AILA that it has
finalized the letter notifying those cap-subject H-1B petitioners whose cases
were received on May 26 that they were not selected in the “random selection”
lottery. USCIS stated that letters will be mailed out in the next few days. The
letter will inform petitioners that fees are being refunded, but that petitions
and exhibits will be retained by USCIS for consideration at the end of the
fiscal year in the event it is determined that there has been underutilization.
SCOPS has also informed AILA liaison that three cap-subject H-1B cases that
were not selected in the “random selection” lottery conducted on May 26 were
approved in error. USCIS will be moving to reopen the approvals on service
motion for the purpose of revocation within the next few days and parties will
be notified accordingly.
On a related note: SCOPS has confirmed to AILA liaison that about 5,000 H-1B
cap cases have been moved from VSC to TSC and about 22,000 I-130s from VSC to
CSC to assist VSC move the heavy volume of H-1Bs that came in during the first
two months of the filing season. A public information notice is planned.
H-1B Advanced Degree Exemption Cap Count as of 07/11/2006
H-1B Advanced Degree Exemption
|
Cap |
Beneficiaries Approved |
Beneficiaries Pending |
Beneficiary Target 1 |
Total |
Date of Last Count |
|
|
H-1B |
58,200 2 |
—— |
—— |
—— |
Cap Reached |
5/26/2006 |
|
H-1B Advanced Degree Exemption |
20,000 |
5,295 |
10,326 |
21,000 |
15,208 |
7/11/20063 |
|
H-1B (FY 06) |
58,200 |
—— |
—— |
—— |
Cap Reached |
8/10/2005 |
|
H-1B Advanced Degree Exemption (FY 06) |
20,000 |
—— |
—— |
—— |
Cap Reached |
1/17/2006 |
1
Refers to the estimated numbers of beneficiary applications needed to
reach the cap, with an allowance for denials and revocations. Each
target is subject to revision later in the cap cycle as more petitions
are processed.
2 6,800
visas are set aside during the fiscal year for the H-1B1 program under
the terms of the legislation implementing the U.S.-Chile and
U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can
be made available for H-1B use with start dates beginning on October 1,
2006, the start of FY 2007. USCIS has added the projected number of
unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced
in the H-1B Press Release, dated June 1, 2006.
3
The numbers on the table for H-1B Advanced Degree Exemption include
only receipted petitions. As of July 11, 2006, an estimated 800 I-129
H-1B petitions seeking the Advanced Degree exemption had yet to be
receipted. Several hundred of these petitions were received prior to
July 11, 2006.
U.S. Immigration extends contract with Nortel
July 10, 2006
Via The Ottawa Business Journal
The U.S. Citizenship and Immigration Service
has extended a contract with Canadian firm Nortel Government Solutions for program
management, acquisition and administrative services.
H-1B Advanced Degree Exemption Cap Count as of 07/06/2006
H-1B Advanced Degree Exemption
|
Cap |
Beneficiaries Approved |
Beneficiaries Pending |
Beneficiary Target 1 |
Total |
Date of Last Count |
|
|
H-1B |
58,200 2 |
—— |
—— |
—— |
Cap Reached |
5/26/2006 |
|
H-1B Advanced Degree Exemption |
20,000 |
4,881 |
9,368 |
21,000 |
14,249 |
7/6/20063 |
|
H-1B (FY 06) |
58,200 |
—— |
—— |
—— |
Cap Reached |
8/10/2005 |
|
H-1B Advanced Degree Exemption (FY 06) |
20,000 |
—— |
—— |
—— |
Cap Reached |
1/17/2006 |
1
Refers to the estimated numbers of beneficiary applications needed to
reach the cap, with an allowance for denials and revocations. Each
target is subject to revision later in the cap cycle as more petitions
are processed.
2 6,800
visas are set aside during the fiscal year for the H-1B1 program under
the terms of the legislation implementing the U.S.-Chile and
U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can
be made available for H-1B use with start dates beginning on October 1,
2006, the start of FY 2007. USCIS has added the projected number of
unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced
in the H-1B Press Release, dated June 1, 2006.
3
The numbers on the table for H-1B Advanced Degree Exemption include
only receipted petitions. As of July 6, 2006, an estimated 700 I-129
H-1B petitions seeking the Advanced Degree exemption had yet to be
receipted. Several hundred of these petitions were received prior to
July 6, 2006.
The U.S. Immigration Law Blog by Ashwin Sharma 