USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals
VIA USCIS
Individuals may begin filing tomorrow
Released Aug. 14, 2012
WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS. USCIS will begin accepting completed forms tomorrow , August 15, 2012. On June 15, Secretary of Homeland Security Janet Napolitano announced that certain people who came to the United States as children and meet other key guidelines may request, on a case-by-case basis, consideration of deferred action.
Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
Read DHS Secretary Napolitano’s Memo on Deferred Action
Deferred Action Process for Young People Who Are Low Enforcement Priorities
VIA USCIS.GOV
|
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. As DHS continues to focus its limited enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including aliens convicted of crimes, with particular emphasis on violent criminals, felons, and repeat offenders, DHS will move to exercise prosecutorial discretion to ensure that enforcement resources are not expended on low priority cases, such as individuals who were brought to this country through no fault of their own as children, have not been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and meet other key criteria. |
H-1B Fiscal Year 2013 Cap Count – As of 05/25/2012
| Cap Type | Cap Amount | Cap Eligible Petitions | Date of Last Count |
| H-1B Regular Cap | 65,000 | 48,400 | 05/25/2012 |
| H-1B Master’s Degree Exemption | 20,000 | 17,500 | 05/25/2012 |
USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition
Via USCIS
WASHINGTON—U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.
In the case at issue, the Skirball Cultural Center filed a P-3 nonimmigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review.
USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by-case factual determination. The decision clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region.
Precedent decisions support USCIS’s commitment to consistency in the administration of immigration benefits. This is the third precedent decision issued since late 2010. Selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), with the Attorney General’s concurrence, precedent decisions are administrative decisions that are legally binding on DHS components responsible for enforcing immigration laws in all proceedings involving the same issue.
USCIS issues (late) notice on Temporary Delays in Issuance of I-129 Receipt Notices
Via USCIS
“Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.
Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on our Contact Us Web page. This is a temporary situation and we apologize for any inconvenience this may cause. “
H-1B Fiscal Year (FY) 2013 Cap Count – As of May 18, 2012
FY 2013 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
42,000 |
05/18/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
16,000 |
05/18/2012 |
USCIS Launches Online Immigration System, USCIS ELIS
Via USCIS
FY 2013 H-1B Cap Count as of 04/20/2012
FY 2013 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
25,000 |
04/20/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
10,900 |
04/20/2012 |
H-1B Cap count for April 13, 2012
H-1B Cap count for April 13, 2012, about 20,600 cap-subject petitions have been taken in. As well, USCIS has accepted about 9,700 H-1B petitions for the advanced degree cap.
USCIS Changes Look and Feel of Form I-797C
WASHINGTON – On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. We will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.
This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” The following is a sample of how this disclaimer will appear on the Form I-797C:
Please note, the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:
- Receipt (notifies the customer that their payment and application/petition has been received by USCIS)
- Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)
- Transfer (notifies the customer that their case was relocated to another USCIS office for processing)
- Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)
- Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)
Form I-797C appointment notices will also contain disability accommodation information on the back of the form. Previously this information was included as a separate flyer that was sent along with the notice. Printing this information on the back of the form will save additional resources by consolidating the notice and disability information into one form.
Form I-797C Notice of Actions issued before April 2, 2012, will remain valid. This change to Form I-797C is part of our ongoing efforts to improve customer service while enhancing agency operations.
For more information on USCIS a
nd its programs, please visit www.uscis.gov or follow us on Twitter (@uscis
), YouTube (/uscis) and the USCIS blog The Beacon.
Last updated:03/30/2012
FY 2013 H-1B Cap Count as of 04/09/2012
FY 2013 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
17,400 |
04/09/2012 |
|
H-1B Master’s Degree Exemption |
20,000 |
8,200 |
04/09/2012 |
The U.S. Immigration Law Blog by Ashwin Sharma 
INFORMATION ON PRESIDENT OBAMA’S RECENTLY ANNOUNCED DEFERRED ACTION PROGRAM ENABLING LEGAL STATUS FOR CERTAIN YOUNG IMMIGRANTS
Jacksonville, FL – Immigration lawyer Ashwin Sharma welcomed the Administration’s recent announcement that younger immigrants may be eligible for “Deferred Action” and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This is an exciting new development which brings hope to immigrants and their families. It is not, however, a permanent fix and does not grant permanent legal status to anyone.
To qualify, an individual must:
Read More…