News Updates
Recent Updates
H-1Bs for FY2009, Extensions of OPT, 3-Year TNs, EB-3 category, 2-year EADs, I-140 Premium Processing, I-140/I-485 Concurrent Filing. More...
LMAC News
Congratulations to Partner Sharon Mehlman who was awarded the American Immigration Lawyers Association’s 2008 Presidential Award for Outstanding Service as Chair of the United States Citizenship and Immigration Services (USCIS) Service Center Operations Committee (SCOPS); and Her Tireless Efforts in Resolving Service Center Issues.
USCIS Runs Random Selection Process for H-1B Petitions
On April 14, 2008, U.S. Citizenship & Immigration Services (USCIS) conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. More...
USCIS reaches FY 2009 H-1B Cap
On April 8, 2008, U.S. Citizenship & Immigration Services (USCIS) announced that it has received more than enough H-1B petitions to meet both the Bachelor’s cap and the "Advanced Degree" (Master's or PhD from a U.S. university) cap for fiscal year 2009. More...
USCIS Revises Background Check Process: Will Adjudicate Adjustment of Status Applications Where FBI Name Check Pending Beyond 180 Days
On February 4, 2008, USCIS issued a memorandum indicating they would be revising their policy with respect to security checks on pending I-485 Adjustment of Status Applications. Of the various checks involved, the "FBI Name Check" has caused significant delays in I-485 (and other) adjudications. The FBI has now committed to completing the check within 180 days of submission of the request. As a result, effective immediately, if an I-485 has a current priority date, and has been pending for more than 180 days, and is otherwise approvable, USCIS will go ahead and approve the case.
Note that in the event that the FBI Name Check is still pending after 180 days, USCIS is still to proceed with adjudication. However, if the security check results in a "hit," the I-485 approval will be revoked.
USCIS stated that they are conducting sweeps of pending I-485's which qualify under this new policy. For time management purposes, they will not be entertaining inquiries on these cases until they are able to complete their own internal sweeps. We are anticipating further information from USCIS and will post it to our website as soon as it becomes available.
Newly-Amended I-9 “Employment Eligibility Verification” Form Required Effective 12/26/07
On 11/26/07 U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register regarding the new I-9 Employment Eligibility Verification Form (revision date 6/5/07). Use of the new I-9 Form will be required effective 12/26/07. That is, the new form will be required for any employee hired on or after 12/26/07, or for any employee whose I-9 employment authorization will expire and therefore requires re-verification on or after 12/26/07.The new I-9 contains an updated list of acceptable identity and employment authorization documents that reflect the current regulations. More...
Delays Expected in H, L, O, P, and Q Visa Issuance at U.S. Consular Posts
Non-immigrant visa (NIV) eligibility in the H, L, O, P, and Q categories is based on an approved Form I-129, Petition for Alien Worker and a Form I-797, Notice of Action/ Approval issued by United States Citizenship and Immigration Services (USCIS). In order to issue a visa stamp in the corresponding category, U.S. consular posts must verify the approval of the petition. A new system of verifying approved nonimmigrant visa petitions in the H, L, O, P, and Q categories has been implemented as the primary source of approval verification by consular posts when issuing visa stamps. Having a copy of Forms I-129 and I-797 Approval Notice will be sufficient for making a visa appointment. However, the consulate will not be able to issue a visa stamp until verification is available through the new system.
Consular posts are now able to access the details of approved nonimmigrant visa petitions in a new report called "PIMS" (Petition Information Management Service). Under the new system, the Service Centers mail and fax information to the Kentucky Consular Center (KCC), which then data enters and scans the material into PIMS, creating an electronic record with information on a petitioner, petition, and/or beneficiary. The PIMS Petition Report contains information on all petitioners recorded by the KCC as having approved petitions since 2004. In addition, many of the records contain information from KCC’s Fraud Prevention Unit. Each new, approved petition is linked to a base petitioner record, allowing centralized tracking of NIV petitioner and petition information.
If the post can locate information on a particular NIV petition on PIMS, then the visa could be issued within 24 hours (1 working day). However, if the post cannot immediately locate the information, it will send a request to KCC to research the approval of the petition. KCC will attempt to complete processing of inquiries from posts within 1 working day. However, many cases will require more time. Thus, applicants must plan accordingly and be prepared for a possible delay of several days in obtaining a visa stamp. Third country nationals requiring a visa to enter the country in which the consular post is located should obtain a visa allowing them to remain in that country for several days in the event of delays in visa issuance. Emergency situations will be handled on a case-by-case basis.
