WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).  The new form is dated “12/30/09,” and due to the changes, no previous versions of the form will be accepted 30 days after publication. In addition to the revised form, there are changes to filing locations.  The changes are part of an overall effort to transition the intake of benefit request forms from USCIS Service Centers to Lockbox facilities.  Centralizing form and fee intake allows USCIS to provide more efficient and effective initial processing of applications and fees. Continue reading “Revised Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Revised Filing Locations” »

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765).  The change of filing location is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities.  Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees. Continue reading “Change of Filing Location for Form I-765, Application for Employment Authorization” »

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102). The new form is dated 1/13/10. This is part of an overall effort to transition the intake of benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees. Continue reading “Change of Filing Location for Form I-102, Application for Replacement/Initial Nonimmigrant Departure Document” »

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing Form I-824, Application for Action on an Approved Application or Petition. The new form is dated 12/11/09. The changes are part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.

Beginning February 19, 2010, applicants must file Form I-824 with a USCIS Lockbox facility, based on which Service Center or local office approved their original petition or application. Detailed guidance is available in the updated Form I-824 instructions.

USCIS Service Centers will forward all Form I-824 applications to the Lockbox facility for the next 30 days. After March 21, 2010, the Service Centers will return any incorrectly filed Form I-824 applications with instructions to send the application to the correct location.

When filing Form I-824 at a USCIS Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their application. To receive notification, applicants must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.

As policymakers wrestle with President’s budget, there is a $4.1 trillion choice in Washington that some in Congress want to keep under wraps:

Comprehensive Immigration Reform = $1.5 trillion increase in GDP over 10 years

Mass Deportation = $2.6 trillion loss in GDP over 10 years Continue reading “Immigration Reform: The $4 Trillion Opportunity” »

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by February 5th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin. Continue reading “VISA BULLETIN FOR MARCH 2010” »

Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014.  The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).

Questions and Answers

Q.  Who may qualify for this CNMI and Guam H cap exemption?
A. Nonimmigrants admitted as H-1B and H-2B workers for labor or services in the CNMI and/or Guam.  To qualify for this exemption in H-1B classification, the prospective employer’s petition must include a Labor Condition Application (LCA) listing employment or services in the CNMI and/or Guam only.  To qualify for this exemption in H-2B classification, the petition must include a temporary labor certification (TLC) listing labor or services in the CNMI and/or Guam only.

Q.  What fees are required if I am filing a petition for this CNMI and Guam H cap exemption?
A. The fees required are the same as those required for a petition filed from any other U.S. location.  Please see the Instructions to the Petition for Nonimmigrant Worker, (Form I-129) for more information.

Q.  Can a worker in H classification who will work or perform services in the CNMI or Guam and an additional U.S. state or territory qualify for this H cap exemption?
A. No. This H cap exemption does not apply to any employment to be performed outside of Guam or the CNMI.  As such, a petition for H-1B or H-2B classification that is requesting employment outside of the CNMI or Guam, even for partial employment outside of the CNMI or Guam, cannot qualify for this exemption.

For example, an H-1B petition filed by a petitioner requesting employment for a worker who will work partially at the employer’s CNMI office and partially at the employer’s office in Hawaii cannot qualify for this H cap exemption.

Additionally, please note that all work locations must be listed on the LCA or TLC submitted to USCIS with the petition for H-1B or H-2B classification.  Failure to do so is a violation of the terms and conditions of employment listed on the LCA or TLC.
Q.  Can a worker granted H classification under this cap exemption travel to another U.S. location outside of Guam and the CNMI?
A. Yes.  A worker in H classification for employment in the CNMI and/or Guam may freely travel to any U.S. state or territory.  However, like any other worker in H classification, his/her employment authorization is limited to the locations authorized by the U.S. Department of Labor on the LCA or TLC.

The only exception is for H-2B workers performing services solely in Guam, who are limited to the locations of employment authorized by the Guam Department of Labor on their TLC.

Q.  If a worker is granted H classification under this cap exemption and his/her employer would like him/her to work at another U.S. location outside of the CNMI and Guam, does the employer need to file another petition with USCIS?
A.  Yes. Since employment performed in a U.S. location outside of the CNMI and Guam is not included in this cap exemption, the employer must file a new petition with USCIS to be counted against either the H-1B or H-2B cap before the worker may perform labor or services at that additional location.  No employment location outside Guam or the CNMI is authorized under a cap-exempt petition approval for those jurisdictions, and such employment will always be considered a material change requiring a new cap-subject petition.

Q.  If a worker is granted H classification under this cap exemption and is assigned different duties in the CNMI or Guam, does the employer need to file another petition with USCIS?
A. Yes in certain circumstances.  Under the rules and procedures applicable to all H employment, a new petition is required if the H nonimmigrant seeks to change employers, or if there are any material changes in the terms and conditions of employment with the original petitioner, including (but not limited to) any change of work location to a location not previously authorized by the U.S. Department of Labor on the LCA or TLC.  The Guam and CNMI H cap exemption applies to the cap only.  All other provisions of the H program are unchanged.  Therefore, if an employer elsewhere in the United States would normally be required to file a new petition to obtain approval of a material change in the beneficiary’s employment, an employer in Guam or the CNMI would also be required to file a new petition.  As discussed above, any employment outside Guam or the CNMI will require a new petition; a change of location or duties within Guam or the CNMI (including a change from Guam to the CNMI or vice-versa) may or may not require a new petition, depending on whether the change is a material change to the terms and conditions of employment previously approved.  If a new petition is required for approval of a material change of employment, but the new employment is still limited to Guam and the CNMI, then the new petition will also be cap-exempt during the transition period.

Q. Can the spouse and children of an H worker under this cap exemption qualify for H-4 “dependant of an H worker” classification?
A. Yes. The spouse and qualifying children of an H worker may apply for H-4 “dependant of an H worker” classification.  There is no cap for H-4 classification.  Family members seeking H-4 classification may apply directly at the U.S. Embassy or Consulate for a visa.  Subsequent requests for an extension of stay must be filed with USCIS on an I-539, Application to Change or Extend Nonimmigrant Status.

Q. Can the spouse and children of an H worker under this cap exemption that have qualified for H-4 “dependant of an H worker” accept employment?
A. No. Nonimmigrants in H-4 classification do not have employment authorization and cannot work in the United States.  The spouse or child of an H worker may only work in the United States if he or she enters the United States in a nonimmigrant classification that provides for employment authorization.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.

The EAWA was enacted to ensure that companies that receive funding under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. Under this legislation, any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA). Please refer to the DOL’s Web site for guidance regarding the LCA filing requirements.

Subsequent to the enactment of EAWA, USCIS revised its Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the employer received covered funding (Question A.1.d).  See the first page of the H-1B Data Collection and Filing Fee Exemption Supplement. Question A.1.d. is meant to identify petitioners who received funding under TARP or section 13 of the Federal Reserve Act when the petition is filed.

USCIS understands that some businesses who received covered funding may have subsequently repaid their obligations and may not know how to respond to Question A.1.d. (For information on whether covered funding obligations have been repaid, recipients of TARP funding should seek guidance from the Department of Treasury, or the Federal Reserve, respectively.) If you have repaid your obligations, then answer “No” to Question A.1.d. If you wish to provide further information with the petition to assist USCIS in determining that your status for purposes of EAWA is correct, you may do so.

USCIS reminds you that a valid LCA must be on file with DOL when the H-1B petition (with a copy of the LCA) is filed with USCIS. Processing delays or a denial of the H-1B petition may result if the LCA does not correspond with Question A.1.d of the H-1B petition, unless any inconsistency is explained to the satisfaction of USCIS. For example, if the LCA includes the additional statements, but Question A.1.d is answered “no,” you can explain that you had received covered funding at the time of filing the LCA but repaid the obligation before filing the Form I-129. However, please note that if you indicate on the petition that you are subject to the EAWA, but the LCA does not contain the proper declarations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

USCIS additionally reminds employers that EAWA applies only to new hires and not to H-1B petitions seeking to change the status of a beneficiary working for the petitioning employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of H-1B status for a current employee to continue working for the same employer.