Suspension of Premium Processing for I-140, Immigrant Petition for Alien Worker.
Commencing on July 2, 2007, USCIS temporarily suspended Premium Processing Services for Form I-140, Immigrant Petition for Alien Worker. Due to the availability of preference visa categories for the month of July, USCIS states that the “volume of Form I-140 petitions filed that request Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the Premium Process guidelines.”
USCIS Raises Filing Fees.
Beginning on July 30, 2007, USCIS implemented a new fee schedule for applications and petitions filed with USCIS. The new fee schedule may be found by clicking on this link:
http://www.uscis.gov/fees
USCIS Announces Direct Filing Instructions for Forms I-129F, I-131, I-140, I-360 and I-485.
Effective July 30, 2007, USCIS implemented “direct filing” for forms I-129F, I-131, I-140, I-360, and I-485. Direct filing is the process where USCIS customers file their applications and petitions with the service center that will process the filings based on the place of temporary employment or place of residence. Petitioners must file all Forms I-140 as well as employment-based Forms I-485 and related I-765 and I-131 forms with the Nebraska Service Center or the Texas Service Center.
Petitioners must file the Form I-129F with either the Vermont Service Center or California Service Center depending on where the petitioner resides.
The new filing location charts are located by following the links below:
Form I-129F,
Form I-131 ,
Form I-140,
Form I-360,
Form I-485,
Form I-765
New I-9 Form:
USCIS has released a new I-9 form that employers should use immediately for new employees and for reverifications.
Five documents have been removed from List A of accepted documents as follows:
1) Certificate of US Citizenship (form N-560 and N-561)
2) Certificate of naturalization (Form N-550 and N-570)
3) Alien registration receipt card (I-151)
4) Unexpired reentry permit (form I-327)
5) Unexpired refugee travel document (form I-571)
One document was added to List A:
-Unexpired employment authorization document (I-766)
The new I-9 form can be found on the USCIS website or by using this link:
I-9 form
Department of Labor Issues Final Rule to Reduce the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity.
On May 17, 2007 the Employment and Training Administration issued a Final Rule to clarify its regulations on the permanent labor certification program. This final rule prohibits the substitution of an alien beneficiary on an application for permanent labor certification on or after July 16, 2007.
The rule also states that an employer may not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, except from a party with a legitimate,pre-existing relationship with the employer, and when the work to be performed by the alien beneficiary will benefit that party. The regulation therefore prohibits payment by an alien beneficiary or others of employer-incurred costs related to labor certification, including attorney’s fees.
The DOL rule also establishes a period of validity for permanent labor certifications that are approved prior to July 16, 2007 and those that are approved after this date. Those labor certification applications that were approved prior to July 16, 2007 expire 180 days after July 16, 2007 or January 12, 2008 unless prior to its expiration it is filed with the Department of Homeland Security in support of a Form I-140, Immigrant petition for an alien worker. Those labor certifications filed on or after July 16, 2007 will expire 180 days from their date of issue unless they are filed prior to their expiration with USCIS with Form I-140.
DOL Announces that the Backlog Elimination Has Been Completed.
The U.S. Department of Labor has announced that as of September 30, 2007, the backlog in the Permanent Labor Certification program has been eliminated. According to the DOL, nearly 99% of cases have been completed and the remainder is awaiting responses from employers. Both of the Backlog Elimination Centers are transitioning to a “shutdown phase” that will continue through December 2007.
The Department of State Announces Registration Instructions for the DV Lottery.
The Diversity Visa (DV) 2009 Lottery online registration began at 12:00 noon EDT on October 3, 2007. The registration period will end at noon EST on December 2, 2007. This year’s instructions to apply for the diversity visa lottery have been posted on the U.S. Department of Labor’s website located at:
travel.state.gov
DUI/DWI Practice Alert.
The U.S. Department of State has recently issued a cable, "Guidance on Processing Visa Applicants with Drunk Driving Hits" requiring consular officers to refer nonimmigrant visa applicants with prior drunk driving issues to panel physicians for medical examinations when they meet the following criteria:
(1) applicant has a single drunk driving arrest or conviction within the last three calendar years, or
(2) applicant has two or more drunk driving arrests or drunk driving convictions in any time period.
Consular officers are now required to refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem.
U.S. Department of State Issues Interim Rule Regarding J-1 Exchange Visitors.
The U.S. Department of State revised its J-1 Exchange Visitor regulations regarding trainees and interns effective July 19, 2007. The new regulations serve to eliminate the distinction between “non-specialty occupations” and “specialty occupations.” They also establish a new internship program and change the selection criteria for participation in a training program. Additionally, the new regulations also require sponsors to enter into agreements in writing with third parties who assist them in recruiting, training, or evaluating foreign nationals who participate in their training and/or internship programs.
Lastly, each sponsor must complete and sign a Form DS-7002, Training/Internship Placement Plan (T/IPP) for each trainee and intern prior to the sponsor issuing a Form DS-2019.
USCIS Announces New Naturalization Test.
Commencing in October 2008, a new naturalization test will be administered to citizenship applicants. The Redesigned Test Informational Brochure along with the Test and Vocabulary Lists are available by following this link:
New Naturalization Test
U Nonimmigrant Visas.
A new interim rule authorizing temporary immigration benefits to certain victims of crimes who help law enforcement went into effect on October 17, 2007. The individuals who are victims of qualifying criminal activity who suffered substantial mental or physical abuse due to the activity, have information about the activity and are willing to assist the government in investigating the crime may be granted “U” nonimmigrant status that will allow them to remain in the United States for a period of up to four years. These individuals may be accompanied by eligible family members. 10,000 “U” visas will be allotted per fiscal year to principal applicants. This cap on U visas does not apply to the eligible family members.
To view application procedures and other information regarding U nonimmigrant status, follow this link: Info about U nonimmigrants status
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