The NSC Accepts Concurrent I-485 Filings for Premium Processing Eligible I-140s
Via AILA
10/03/2006
The Nebraska Service Center has confirmed that it is accepting
concurrent filings of I-140 and I-485s for I-140s eligible for premium
processing. The I-140 will be processed pursuant to the premium
processing program and the I-485 and any concurrently filed I-765 and
I-131 applications will be processed pursuant to regular processing
time lines. Remember that the beneficiary of the I-485 application must
have an immigrant number immediately available to qualify for the
concurrent filing.
U.S. Department of State – Priority Dates for Diversity Immigrant (DV) Category
Diversity Immigrant (DV)
Category
U.S. Department of State – Priority Dates
NOTE: This information has been obtained
from the Department of State visa bulletin.
OCTOBER 2006
Section 203(c) of the Immigration
and Nationality Act provides a maximum of up to 55,000 immigrant visas each
fiscal year to permit immigration opportunities for persons from countries
other than the principal sources of current immigration to the United States.
The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in
November 1997 stipulates that beginning with DV-99, and for as long as
necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be
made available for use under the NACARA program. This reduction has resulted
in the DV-2007 annual limit being reduced to 50,000. DV visas are divided
among six geographic regions. No one country can receive more than seven
percent of the available diversity visas in any one year.
For October, immigrant numbers in
the DV category are available to qualified DV-2007 applicants chargeable to all
regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
|
Region |
All DV Chargeability Areas Except Those Listed Separately |
|
AFRICA |
5,700 |
|
ASIA |
1,550 |
|
EUROPE |
3,450 |
|
NORTH AMERICA (BAHAMAS) |
4 |
|
OCEANIA |
150 |
|
SOUTH AMERICA, and |
225 |
Entitlement to immigrant status
in the DV category lasts only through the end of the fiscal (visa) year for
which the applicant is selected in the lottery. The year of entitlement for all
applicants registered for the DV-2007 program ends as of September 30, 2007. DV
visas may not be issued to DV-2007 applicants after that date. Similarly,
spouses and children accompanying or following to join DV-2007 principals are
only entitled to derivative DV status until September 30, 2007. DV visa availability
through the very end of FY-2007 cannot be taken for granted. Numbers could be
exhausted prior to September 30.
ADVANCE NOTIFICATION OF THE
DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN NOVEMBER
For November, immigrant numbers
in the DV category are available to qualified DV-2007 applicants chargeable to
all regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:
|
Region |
All DV Chargeability Areas Except Those listed Separately |
|
AFRICA |
8,500 |
|
ASIA |
2,600 |
|
EUROPE |
5,700 |
|
NORTH AMERICA (BAHAMAS) |
6 |
|
OCEANIA |
280 |
|
SOUTH AMERICA, and |
350 |
U.S. Department of State – Priority Dates for Employment-Based Preferences, October 2006
Employment-Based Preferences
U.S. Department of State – Priority Dates for October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.
|
Employment-Based |
All Chargeability Areas Except Those |
CHINA- mainland born |
INDIA |
MEXICO |
PHILLIPINES |
|
1st |
C |
C |
C |
C |
C |
|
2nd |
C |
01APR05 |
15JUN02 |
C |
C |
|
3rd |
01MAY02 |
01MAY02 |
22APR01 |
01MAY01 |
01MAY02 |
|
Schedule A Workers |
C |
C |
C |
C |
C |
|
Other Workers |
01JAN01 |
01JAN01 |
01JAN01 |
01JAN01 |
01JAN01 |
|
4th |
C |
C |
C |
C |
C |
|
Certain Religious Workers |
C |
C |
C |
C |
C |
|
5th |
C |
C |
C |
C |
C |
|
Targeted Employ-ment Areas/ <st1 |
C |
C |
C |
C |
C |
“C” means current, i.e., numbers
are available for all qualified applicants; and “U” means
unavailable, i.e., no numbers are available. (NOTE: Numbers are available only
for applicants whose priority date is earlier than the cut-off date listed
below.)
|
1st: |
Priority Workers: 28.6% of |
|
2nd: |
Members of the Professions |
|
3rd: |
Skilled Workers, |
|
4th: |
Certain Special Immigrants: |
|
5th: |
Employment Creation: 7.1% |
U.S. Department of State – Priority Dates for Family Based Preferences, October 2006
U.S. Department of State – Priority Dates for Family Based Preferences, October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.
|
Family |
All |
CHINA-mainland |
INDIA |
MEXICO |
PHILIP-PINES |
|
1st |
01MAY00 |
01MAY00 |
01MAY00 |
01JAN93 |
01NOV91 |
|
2A |
22APR01 |
22APR01 |
22APR01 |
15OCT99 |
22APR01 |
|
2B |
01JAN97 |
01JAN97 |
01JAN97 |
15FEB92 |
22JUL96 |
|
3rd |
22OCT98 |
22OCT98 |
22OCT98 |
01JAN94 |
01AUG90 |
|
4th |
15SEP95 |
01FEB95 |
01AUG95 |
15SEP93 |
01APR84 |
|
1st: |
Unmarried Sons and Daughters of |
|
2A: |
Spouses and Children: 77% of the |
|
2B: |
Unmarried Sons and Daughters (21 |
|
3rd: |
Married Sons and Daughters of |
|
4th: |
Brothers and Sisters of Adult |
Support Habeas Corpus Amendment to Military Tribunal Legislation
Via AILA
09/27/2006
The
existing Senate bills on military tribunals would strip the rights of
certain non-citizens to challenge their detention in a court of law.
The Specter-Levin Amendment, which could come to the Floor later today,
would reinstate habeas corpus and preserve core democratic rights.
Temporary Skilled Workers Enrich America’ s Competitive Edge
Via AILA
09/27/2006
The
recent debate over immigration policy commonly depicts immigrants as
undocumented, uneducated people who flood our borders without
inspection. Although many immigrants who enter this country are
unskilled laborers who provide essential services in many sectors of
our economy, of equal importance to the immigration debate are the
highly educated foreign professionals whose skills play a vital role in
the enrichment of our economy. These foreign born workers bring unique
perspectives and expertise that are essential to maintaining America’s
competitive edge as the leader of the global marketplace.
The United States economy has shifted significantly over the past
fifty years. We are no longer the blue collar nation that we once were.
The transformation of our economy from a manufacturing economy to a
knowledge-based economy has created a growing demand for highly skilled
technical workers. This demand has been accompanied by a decline in the
number of native-born students seeking degrees in the fields of
science, engineering and technology. Our prestigious graduate
institutions currently train more foreign nationals than U.S. citizens
in these important fields. These U.S trained specialists, both native
and foreign-born, cannot fill the demand for highly-skilled workers in
key occupations. U.S. businesses must be able to recruit and hire
additional foreign-born professionals to alleviate temporary labor
shortages in specific occupations.
To keep America competitive, we must increase the number of
specialized worker visas awarded. H-1B visas, or temporary skilled
worker visas, are currently capped at only 65,000 annually. Yet in
recent years, this “cap” is reached in a couple of months and U.S.
businesses are barred from hiring foreign-born professionals for the
remainder of the fiscal year. In order to increase the number of highly
skilled professionals in this country, we must reform the employment
based immigration system and provide a sufficient amount of avenues
through which U.S. businesses can legally employ specialized workers.
At the same time, we must increase recruitment and training of U.S.
students as well – in order to accelerate this process, a hefty portion
of the processing fees for the H visas are directed to the education
and training of U.S. students in science and technology.
It is important that skilled workers are not overlooked in the
current debate regarding comprehensive immigration reform. Raising the
H-1B visa cap is vital to maintaining our leadership in the world
market. We must retain the educated professionals whom we have trained
internally in order to benefit from the unique skills that they
possess. By sending the best and the brightest workers back to their
respective countries, we only create competition for ourselves, thereby
diminishing America’s economic clout. By retaining foreign nationals,
we may ensure that U.S. businesses have the most highly qualified
workers in their fields, helping America maintain its edge in an
increasingly competitive global economy. the most highly qualified
workers in their fields, guaranteeing maximum success and economic
prosperity.
Comprehensive Immigration Reform is the Only Way to Fix a Broken System
Via AILA
09/27/2006
The
recent debate over immigration policy commonly depicts immigrants as
undocumented, uneducated people who flood our borders without
inspection. Although many immigrants who enter this country are
unskilled laborers who provide essential services in many sectors of
our economy, of equal importance to the immigration debate are the
highly educated foreign professionals whose skills play a vital role in
the enrichment of our economy. These foreign born workers bring unique
perspectives and expertise that are essential to maintaining America’s
competitive edge as the leader of the global marketplace.
The United States economy has shifted significantly over the past
fifty years. We are no longer the blue collar nation that we once were.
The transformation of our economy from a manufacturing economy to a
knowledge-based economy has created a growing demand for highly skilled
technical workers. This demand has been accompanied by a decline in the
number of native-born students seeking degrees in the fields of
science, engineering and technology. Our prestigious graduate
institutions currently train more foreign nationals than U.S. citizens
in these important fields. These U.S trained specialists, both native
and foreign-born, cannot fill the demand for highly-skilled workers in
key occupations. U.S. businesses must be able to recruit and hire
additional foreign-born professionals to alleviate temporary labor
shortages in specific occupations.
To keep America competitive, we must increase the number of
specialized worker visas awarded. H-1B visas, or temporary skilled
worker visas, are currently capped at only 65,000 annually. Yet in
recent years, this “cap” is reached in a couple of months and U.S.
businesses are barred from hiring foreign-born professionals for the
remainder of the fiscal year. In order to increase the number of highly
skilled professionals in this country, we must reform the employment
based immigration system and provide a sufficient amount of avenues
through which U.S. businesses can legally employ specialized workers.
At the same time, we must increase recruitment and training of U.S.
students as well – in order to accelerate this process, a hefty portion
of the processing fees for the H visas are directed to the education
and training of U.S. students in science and technology.
It is important that skilled workers are not overlooked in the
current debate regarding comprehensive immigration reform. Raising the
H-1B visa cap is vital to maintaining our leadership in the world
market. We must retain the educated professionals whom we have trained
internally in order to benefit from the unique skills that they
possess. By sending the best and the brightest workers back to their
respective countries, we only create competition for ourselves, thereby
diminishing America’s economic clout. By retaining foreign nationals,
we may ensure that U.S. businesses have the most highly qualified
workers in their fields, helping America maintain its edge in an
increasingly competitive global economy. the most highly qualified
workers in their fields, guaranteeing maximum success and economic
prosperity.
Border security plan delayed
Via CNN.com
09/27/2006
WASHINGTON (AP) — A plan to tighten U.S. borders by
requiring passports or tamper-resistant identification cards from
everyone entering the country by land from Mexico and Canada has been
delayed.
House and Senate lawmakers agreed to push back the
program by 17 months, saying they want to make sure new ID cards being
developed by the Bush administration will better secure borders against
terrorists without slowing legitimate travelers from Canada and Mexico.
The new ID’s will be required for Americans and all others entering the
U.S.
The delay would only apply to travelers entering the U.S.
over land borders from Canada and Mexico. It would not affect travel
rules for people coming into the country by airplane or cruise ship,
who will have to show their passports to Customs officials as of
January 8, 2007, to gain entry.
The border crackdown was wrapped
up in an overall $34.8 billion spending plan for the Homeland Security
Department. The House and Senate each aim to approve it later this
week, before lawmakers recess for the elections.
The spending
bill reflects “a dramatic step forward toward making sure that our
borders are secure,” Sen. Judd Gregg, R-New Hampshire, who helped
negotiate the measure, said Tuesday.
Gregg added: “We still have a long way to go. Nobody is going to argue about that.”
The massive spending bill also includes plans to:
$1.2 billion on border fencing, vehicle barriers and technology to
prevent illegal immigrants and criminals from sneaking into the country.
the Federal Emergency Management Agency to give its director a direct
line to the president during catastrophes and remerge disaster
preparedness planning with response missions.
Americans to legally import a 90-day supply of prescription medications
from Canada by carrying them back across the border, while retaining
bans on importing drugs by mail or the Internet.
USCIS to Expand Premium Processing Service / Premium Processing Information
Via USCIS
09/22/2006
WASHINGTON, D.C. – U.S. Citizenship and Immigration Services (USCIS) announced today the addition of three new categories to the Premium Processing Service, which allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.
Starting on September 25, 2006, USCIS will begin accepting Premium Processing requests for
Form I-140, Immigrant Petition for Alien Worker, involving the following immigrant visa categories:
• EB-1, outstanding professors and researchers,
• EB-2, members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, and
• EB-3, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training or experience.
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.
Since 2001, Premium Processing Service has been available for several classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing non-agricultural services, H-3 Trainees, L Intracompany Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, and Q international Cultural Exchange Visitors, R Religious Workers and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa has been reached.)
Also, since August 28, USCIS began accepting Premium Processing Service requests for petitions involving two other immigrant visa categories, the EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both of these immigrant visa categories using the Immigrant Petition for Alien Worker (Form I-140) as well.
——————————-
The processing period that is used to determine whether or not USCIS
meets the 15 calendar day period will begin when the current version of
Form I-907
is received by USCIS at the correct filing address noted on the form.
Within the 15 day calendar period USCIS will issue an approval notice,
or where appropriate, a notice of intent to deny, a request for
evidence or open an investigation for fraud or misrepresentation. If
the notice requires the submission of additional evidence or of a
response to intent to deny, a new 15 calendar day period will begin
upon the delivery to USCIS of a complete response to the request for
evidence or notice of intent to deny.
Who is eligible?
The chart below sets forth the forms, designated classifications
within each form type, and current availability and termination dates
for premium processing service.
|
Form I-129, Petition for Nonimmigrant Worker |
|||
|
Designated Classification Within Form I-129 |
Corresponding Nonimmigrant Visa Classification |
* Availability Date |
** Termination Date |
|
Treaty Trader |
E-1 |
June 1, 2001 |
|
|
Treaty Investor |
E-2 |
June 1, 2001 |
|
|
Alien in Specialty Occupation |
H-1B CAP |
July 30, 2001 |
May 26, 2006 (FY 07) August 10, 2005 (FY 06) |
|
Alien in Specialty Occupation, Advanced Degree Exception (Masters or Higher) |
H-1B CAP |
July 30, 2001 |
July 26, 2006 (FY 07) January 17, 2006 (FY 06) |
|
Alien in Specialty Occupation |
H-1B NON-CAP |
July 30, 2001 |
|
|
Temporary Worker performing nonagricultural services |
H-2B CAP |
June 1, 2001 |
December 15 2005 (1 st half) April 4, 2006 (2 nd half) April 4, 2006 (annual FY 06) |
|
Temporary Worker performing nonagricultural services |
H-2B NON CAP |
June 1, 2001 |
|
|
Trainee |
H-3 |
June 1, 2001 |
|
|
Intracompany Transferee, Executive or Manager Capacity |
L-1A |
June 1, 2001 |
|
|
Intracompany Transferee, Specialized Knowledge Professional |
L-1B |
June 1, 2001 |
|
|
Petitioners
that meet requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations |
L-BLANKET
|
June 1, 2001
|
|
|
Aliens of extraordinary ability or achievements in the sciences, arts, education, business, or athletics
|
O-1
|
June 1, 2001
|
|
|
Aliens providing essential support services for a principal O-1 alien
|
O-2
|
June 1, 2001
|
|
|
Internationally recognized athlete or member of an internationally recognized entertainment group
|
P-1
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-1 alien |
P-1S
|
June 1, 2001
|
|
|
Artist or Entertainer under a Reciprocal Exchange Program
|
P-2
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-2 alien |
P-2S
|
June 1, 2001
|
|
|
Artist or Entertainer in a Culturally Unique Program
|
P-3
|
June 1, 2001
|
|
|
Essential
Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-3 alien |
P-3S
|
June 1, 2001
|
|
|
International cultural exchange aliens
|
Q-1
|
June 1, 2001
|
|
|
Alien in a Religious occupation
|
R-1
|
July 30, 2001
|
|
|
NAFTA professional, Canada
|
TN1-CANADA
|
July 30, 2001
|
|
|
NAFTA professional, Mexico
|
TN2-MEXICO
|
July 30, 2001
|
|
* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.
** The termination date reflects
the last day that USCIS accepted filings requesting that specific
classification. If a date is entered in this column, that
classification is currently ineligible for filing because of cap
restrictions or other processing restrictions.
For additional information relating to the current cap count for Non-Immigrant Worker Visas, refer to: http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
|
Form I-140, Immigrant Petition for Alien Worker |
|||
|
Designated Classification Within Form I-140 |
Corresponding Employment-Based Visa Classification
|
Availability Date |
Termination Date |
|
Aliens of extraordinary ability
|
EB-1 |
Not Yet Available |
|
|
Outstanding professors and researchers
|
EB-1 |
September 25, 2006 |
|
|
Multinational executives and managers
|
EB-1 |
Not Yet Available |
|
|
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver
|
EB-2 |
September 25, 2006 |
|
|
Skilled workers***
|
EB-3 |
August 28, 2006 |
|
|
Professionals***
|
EB-3 |
August 28, 2006 |
|
|
Workers other than skilled workers and professionals
|
EB-3 |
September 25, 2006 |
|
|
*** (if designated as available, please also see section on additional conditions placed on Premium Processing Availability) |
|||
May the beneficiary of a visa petition seek Premium Processing Service?
No, except
in cases where the petition is eligible to be filed as a self-petition
(i.e., the petitioner and the beneficiary are the same). Otherwise,
only the visa petitioner, or the attorney or representative who has
filed a notice of appearance (Form G-28)
on behalf of the visa petitioner, may request Premium Processing
Service for designated visa petition adjudications. The petitioner,
attorney or representative, or beneficiary may pay the $1,000 Premium
Processing fee, but the beneficiary cannot sign or file the Form I-907.
How do I verify that I am using the current version of the form?
Check the
USCIS website at the Forms and Fees webpage for the most up-to-date
information as well as the most current version of Form I-907 which is
available for download at http://www.uscis.gov/graphics/formsfee/forms/i-907.htm.
If you are already in possession of a Form I-907, please use this
webpage, Forms and Fees, to verify that your version of Form I-907 is
still current. This can be done by comparing the Forms and Fees webpage
which includes the “edition” date that USCIS is currently accepting and
the edition date on your Form I-907. The edition date, which is
referenced as (Rev. xx/xx/xx) is located in the lower right corner on
every page of the form and instructions. If the edition date on your
Form I-907 matches the date or dates, if applicable, on the Forms and
Fees webpage, your version of Form I-907 is current and will be
accepted by USCIS. If there is a designation “N” shown after the
edition date on the Forms and Fees webpage, please note that USCIS will
not accept any other editions of the form.
How do I file a request for Premium Processing Service?
You must
complete and sign Form I-907, Request for Premium Processing Service,
in accordance with the instructions on the current version of the form.
You must file the concurrently filed Form I-907 with Form I-129 or Form
I-140 at the Service Center designated as the appropriate filing
location on the instructions to the Form I-907. If you filed Form I-129
or the Form I-140 and you now wish to request Premium Processing
Service, file Form I-907 with the Service Center where the Form I-129
or Form I-140 is currently pending. Submit a copy of the Form I-129 or
Form I-140 filing receipt. If you received a transfer notice, it is very important
that you include a copy of it and that you submit your filing to the
transfer location. If a petitioner or applicant erroneously filed a
concurrent or standalone Form I-907 at the wrong service center, USCIS
will not reject the filing, but instead will forward the filing to the
correct service center having jurisdiction over the petition or
application. For an incorrectly filed Form I-907, the 15 calendar day
period will start on the date the file is received at the correct
service center as indicated in the Form I-907 filing instructions.
Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
Yes. This
will accord USCIS the flexibility to adapt to contingencies affecting
its ability to provide Premium Processing Service. Premium Processing
Service is available for the Form I-140 classifications indicated on
the chart above provided that the case does not involve:
- A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
- Labor Certification substitution requests, unless the original
labor certification is submitted with the Form I-140 requesting the
substitution; and - Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
USCIS is
prescribing these additional conditions of availability on Premium
Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.
What is the fee for this service?
The fee for this service is $1,000. The Premium Processing Service fee
may not be waived. In addition to the Premium Processing Service fee,
all other filing fees relating to the specific form(s) for which you
are requesting Premium Processing Service must also be submitted. The
Premium Processing Service fee must be submitted in a separate
check or money order. The petitioner, attorney or representative, or
beneficiary may pay the $1,000 Premium Processing Service fee, but the
beneficiary cannot sign or file the Form I-907. If e-filed, USCIS
accepts credit card, debit card, or electronic transfer of funds from a
checking or savings account from a U.S. bank.
Are there any additional benefits to the program?
Yes. USCIS has provided not only a unique mailing address for its
Premium Processing Service customers, but it has also established a
special phone number and e-mail address for each of the Service
Centers. These special communication channels will be available only to
Premium Processing Service customers.
USCIS is also collecting, on the Form I-907, your phone number, fax
number and e-mail address so that we can send you (the petitioner or
attorney) an automatic e-mail notifying you of the receipt of your Form
I-907, Request For Premium Processing Service. If the underlying form
for which you requested Premium Processing Service is approved, we will
send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.
In addition and at no additional cost, USCIS will strive to provide
faster processing of Form I-539 applications filed by or on behalf of
dependents of the principal beneficiary of a petition for which Premium
Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
Does this program have any effect on the USCIS’ previous expedite practices?
Yes. The discretionary expedite requests will no longer be available
for those classifications designated as eligible for Premium Processing
Service; however, petitioners designated as not-for-profit entities by
the Internal Revenue Service may continue requesting discretionary
expedited service as they have in the past or they may choose to pay
the Premium Processing fee and utilize that service. If the criteria
for a discretionary expedite are not met, the not-for-profit petitioner
still has the option of requesting of Premium Processing upgrade by
filing Form I-907 with fee.
How will the USCIS manage those categories that have an annual limit in relation to this faster processing?
USCIS
does not believe that individuals who pay for Premium Processing
Service on petitions filed for nonimmigrant classifications that are
subject to annual limitations will have an unfair access to these
limited immigration programs.
For cap-subject H-1B and H-2B petitions, USCIS will apply a random
selection process to all petitions (whether or not Premium Processing
Service is requested) received on the date when a sufficient number of
petitions have been received to reach the applicable numerical limit
(“final receipt date”). Petitions that are accepted through this random
selection process are adjudicated to completion. For H-1B cases, USCIS
will return the fees to the petitioner and hold the cases that were filed ON the cut-off day
but were not selected in the random process. This way, if USCIS does
not use all of the projected H-1B1 Singapore/Chile cap cases (which
count towards the H-1B cap), additional H-1B cap cases will be taken in
order from the list of cases that were held. Those petitioners will
then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.
Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day
are rejected along with the fees. Unlike the H-1B cap cases, there is
no need to hold the H-2B cap cases that were not selected because there
are no special provisions that apply to the H-2B cap cases like there
are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.
In order to ensure equitable access to other cap-subject nonimmigrant
classifications to which USCIS does not currently apply a random
selection process, USCIS will temporarily terminate the availability of
Premium Processing when it becomes clear that the demand will exceed
the annual numerical limitation (e.g., when the USCIS has a pending
volume of petitions sufficient to reach the limitation). This
termination of procedure will ensure that all petitioners have
equitable access to these limited immigration programs.
Can
I contact a USCIS Service Center if I have not filed a request for
Premium Processing Service yet but have questions about the program?
No, you
cannot contact the Service Centers directly unless you have already
filed Form I-907, Request for Premium Processing Service, for the
underlying Form I-129 or Form I-140. The Premium Processing toll-free
phone number and e-mail addresses listed on Form I-907 are dedicated
only to customers who have already submitted a request for Premium
Processing Service. If you have not requested Premium Processing
Service, you can call the Customer Service toll free phone number at
(800) 375-5283 for general information about the program.
How do I contact the Service Center concerning the Premium Processing request that I filed?
The
unique mailing address for each of the Service Centers is listed on the
instructions to the Form I-907. Additional contact information for each
Service Center will be provided to you on your receipt notice and will
also be provided on this Website.
If you have already filed a Request for Premium Processing Service
and you need to contact the Service Center, call the Premium Processing
Toll Free phone number at 1-866-315-5718. You will need to have your
receipt number when you call, because this phone number is only for
inquiries relating to Premium Processing Service.
USCIS Service Center Processing Times as of 09/19/2006 (Vermont, Nebraska, Texas, California, Missouri)
|
The following is the Vermont Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 20, 2006 |
|
I-102 Application |
February 27, 2006 |
|
I-129 Petition |
April 30, 2006 |
|
I-129 Petition |
April 30, 2006 |
|
I-129 Petition |
May 28, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 06, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 14, 2006 |
|
I-129 Petition |
July 02, 2006 |
|
I-129 Petition |
July 02, 2006 |
|
I-129 Petition |
April 02, 2006 |
|
I-129 Petition |
April 02, 2006 |
|
I-129 Petition |
April 07, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-130 Petition |
February 05, 2006 |
|
I-130 Petition |
February 19, 2006 |
|
I-130 Petition |
January 22, 2006 |
|
I-130 Petition |
September 30, 2000 |
|
I-130 Petition |
October 22, 2005 |
|
I-130 Petition |
February 12, 2006 |
|
I-131 |
June 19, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-212 |
June 30, 2005 |
|
I-360 Petition |
January 30, 2006 |
|
I-360 Petition |
February 26, 2006 |
|
I-485 |
June 21, 2005 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-539 |
June 04, 2006 |
|
I-612 |
March 20, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
April 11, 2005 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-821 |
March 20, 2006 |
|
I-824 Application |
March 20, 2006 |
|
N-600 |
March 20, 2006 |
|
N-643 |
March 20, 2006 |
|
The following is the Nebraska Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 20, 2006 |
|
I-90 Application |
August 07, 2005 |
|
I-90A |
March 20, 2006 |
|
I-102 Application |
June 19, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-129 Petition |
May 16, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
June 19, 2006 |
|
I-131 |
December 19, 2005 |
|
I-131 Application |
June 19, 2006 |
|
I-140 Immigrant |
November 14, 2005 |
|
I-140 Immigrant |
November 29, 2005 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
September 30, 2005 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-212 |
March 20, 2006 |
|
I-360 Petition |
March 20, 2006 |
|
I-485 |
December 02, 2005 |
|
I-485 |
August 08, 2003 |
|
I-485 Application |
March 20, 2006 |
|
I-485 |
February 02, 2006 |
|
I-485 |
March 20, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-539 |
June 11, 2006 |
|
I-612 |
March 20, 2006 |
|
I-730 |
December 26, 2005 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
The following is the Texas Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
July 14, 2005 |
|
I-102 |
June 10, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-129 Petition |
April 24, 2006 |
|
I-131 |
June 19, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-140 Immigrant |
March 20, 2006 |
|
I-360 Petition |
March 20, 2006 |
|
I-485 |
March 20, 2006 |
|
I-485 |
August 01, 2001 |
|
I-526 Immigrant |
March 20, 2006 |
|
I-539 Application |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-539 Application |
May 14, 2006 |
|
I-539 |
May 14, 2006 |
|
I-612 |
March 20, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
I-829 Petition |
February 07, 2005 |
|
I-829 Petition |
February 07, 2005 |
|
The following is the California Service |
|
|
Now |
|
|
Form |
Now Processing |
|
I-90 |
March 04, 2006 |
|
I-102 |
June 19, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
September 04, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
August 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129 Petition |
July 20, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-130 Petition |
March 20, 2006 |
|
I-130 Petition |
January 17, 2003 |
|
I-130 Petition |
April 30, 2001 |
|
I-130 Petition |
April 30, 2001 |
|
I-130 Petition |
January 01, 2005 |
|
I-130 Petition |
February 07, 2005 |
|
I-131 |
June 19, 2006 |
|
I-212 |
March 20, 2006 |
|
I-360 Petition |
March 07, 2006 |
|
I-485 |
March 20, 2006 |
|
I-526 Immigrant |
March 20, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 Application |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-539 Application |
June 19, 2006 |
|
I-539 |
June 19, 2006 |
|
I-612 Application |
January 15, 2006 |
|
I-751 Petition |
March 20, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
August 21, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 Application |
July 03, 2006 |
|
I-817 |
March 20, 2006 |
|
I-824 |
March 20, 2006 |
|
I-829 Petition |
March 20, 2006 |
|
I-829 Petition |
September 10, 1997 |
|
The following is the National Benefits |
|
|
Now |
|
|
Form |
Now Processing |
|
I-102 |
June 19, 2006 |
|
I-129F Petition |
March 20, 2006 |
|
I-131 |
June 10, 2006 |
|
I-539 |
June 04, 2006 |
|
I-765 |
July 03, 2006 |
|
I-765 |
July 03, 2006 |
|
I-817 |
March 13, 2006 |
|
I-824 Application |
March 20, 2006 |
The US Department of State Announces 2008 Diversity Visa Lottery Program Registration
09/22/2006
The US Department of State (DOS) announced that applications for the 2008 Diversity Visa (DV) Lottery will be accepted between Wednesday, October 4, 2006, 12 pm EST and Sunday, December 3, 2006, 12 pm EST. Applicants may access the electronic Diversity Visa entry form online. Paper entries will not be accepted. Applicants are encouraged not to wait until the last week of the registration period to enter since heavy demand may result in website delays.
Visit the DOS website for more information
Probe: Canada gave U.S. misleading data
Via SeattlePI.com
TORONTO — An inquiry into the U.S. transfer of a Canadian citizen
to prison in Syria found Canadian authorities gave misleading
information to the Americans that likely led to the deportation, a
report released Monday said.
After his release in 2003,
Syrian-born Maher Arar made detailed allegations about extensive
interrogation, beatings and whippings with electrical cable in Syrian
prison cells.
Arar was traveling on a Canadian passport when
he was detained at a New York airport in September 2002 during a
stopover on his way home to Canada from vacation in Tunisia. He claims
he was a victim of extraordinary rendition – or the transfer of foreign
terror suspects to third countries without court approval.
Arar
said U.S. authorities sent him to Syria for interrogation on suspicion
of being a member of al-Qaida, an allegation he denied.
Canada’s
federal government established an inquiry in 2004 to determine the role
Canadian officials played in the case of Arar, who has been cleared of
any terrorist connections.
Justice Dennis O’Connor released
the report on Arar that concluded the Royal Canadian Mounted Police
passed misleading, inaccurate and unfair information to U.S.
authorities that “very likely” led to their decision to send Arar to
Syria, but found no evidence Canadian officials participated in or
agreed to the decision.

Rethinking the Effects of Immigration on Wages
Via AILA
10/03/2006
A crucial question in the current debate over immigration is what
impact immigrants have on the wages of native-born workers. At first
glance, it might seem that the simple economics of supply and demand
provides the answer: immigrants increase the supply of labor; hence
they should decrease the wages of native workers. However, the reality
is more complicated than this.
The latest study published by the Immigration Policy Center
addresses this issue. The study, authored by Giovanni Peri, Associate
Professor of Economics at the University of California, Davis, and a
Faculty Research Fellow at the National Bureau of Economic Research in
Cambridge, Massachusetts, is entitled <!–
D(["mb",""Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004." In the study, Professor Peri argues that the widespread notion that immigrants decrease native wages is a misconception, complicated by two reasons that too often are overlooked. First, immigrants and natives, with different skills and education levels, do not compete with each other for the same jobs, but actually complement each other performing interdependent jobs, thereby increasing the wages and productivity of natives. Second, evidence shows that new workers added to the labor force stimulate investment by entrepreneurs. When these two factors are included in the analysis of immigration and wages, it becomes clear that immigration has a positive effect on the wages of most native-born workers.
\n \n\n
For a detailed analysis of Professor Peri\’s findings, read the full report here. \n\n
Return to top
\n\n
Take Action
\n\n
Hold Members of Congress Accountable at Town Hall Meetings
\n\nIncumbent Candidates are back in their home districts making the most of the pre-election season. Many are hosting Town Hall meetings. This is a good way for them to get out and talk to their constituents and "take the pulse" of the communities they represent in Congress. It is also a great opportunity for AILA members to educate and inform Senators, Representatives, and other meeting attendees about the need for comprehensive immigration reform, H-1B relief, and other key AILA concerns. Consider attending a Town Hall meeting with your AILA colleagues to show collective support for your shared ideals. Generating a large and well-informed crowd at a public meeting is an extremely effective way to elicit the views of your Member of Congress and to share your perspective. Use AILA\’s “,1]
);
//–>“Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990 2004.”
In the study, Professor Peri argues that the widespread notion that
immigrants decrease native wages is a misconception, complicated by two
reasons that too often are overlooked. First, immigrants and natives,
with different skills and education levels, do not compete with each
other for the same jobs, but actually complement each other performing
interdependent jobs, thereby increasing the wages and productivity of
natives. Second, evidence shows that new workers added to the labor
force stimulate investment by entrepreneurs. When these two factors are
included in the analysis of immigration and wages, it becomes clear
that immigration has a positive effect on the wages of most native-born
workers.
For a detailed analysis of Professor Peri’s findings, read the full report here.