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July 4th, 2009
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Tuesday, June 30, 2009
Update as of June 26, 2009 on the H-1B Cap Count - 06/30/09
As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. [ more ]
Monday, June 22, 2009
USCIS provides guidance on the adjudication of Form I-140 for physicians, regarding whether a foreign medical degree is equivalent to a U.S. medical degree, and is thus an advanced degree for EB-2 purposes - 06/22/09
Neufeld Memo Provides Guidance on Equivalency of Foreign and U.S. Medical Degrees (.pdf 107 KB) A 6/12/09 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides guidance on the adjudication of Form I-140 for physicians, regarding whether a foreign medical degree is equivalent to a U.S. medical degree, and is thus an advanced degree for EB-2 purposes. [ more ]
USCIS Announces Elimination of FBI Namecheck Backlog - 06/22/09
On 6/22/09 USCIS and the FBI announced that all milestones set forth in a business plan announced on 4/2/08 have been met, resulting in the elimination of the FBI National Namecheck Program backlog. [ more ]
USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker - 06/22/09
WASHINGTON—USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit. USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. [ more ]
Friday, June 12, 2009
Court rules in favor of Religious worker concurrent filing - 06/12/09
A court in Washington State has issued an order allowing relgious workers to file concurrently for green card. In its order the court said "The bar against concurrent filings on behalf of religious workers, as set forth in 8 C.F.R. § 245.2(a)(2)(i)(B), is an impermissible construction of 8 U.S.C. § 1255(a) and is, therefore, invalid and unenforceable..." Ruiz-Diaz v. US, W.D. Wa. at Seattle.
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Wednesday, June 10, 2009
ACLU Seeks Records About Laptop Searches At The Border - 06/10/09
The "United States Customs and Border Protection (CBP) policy permits officials to search the laptops and other electronic devices of travelers without suspicion of wrongdoing, according to a Freedom of Information Act (FOIA) request filed today by the American Civil Liberties Union."
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Tuesday, June 9, 2009
DHS Establishes Interim Relief for Widows of U.S. Citizens - 06/09/09
DHS Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death." [ more ]
Thursday, June 4, 2009
Attorney General Vacates and withdrawas of Matter of Compean, a decision regarding claims of ineffective assistance of counsel - 06/04/09
On June 3, 2009, Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations. [ more ]
Monday, June 1, 2009
USCIS continues to Accept H-1B Petitions for FY 2010 that starts on October 1, 2009 - 06/01/09
As of today, June 1, 2009, USCIS is continuing to accept H-1B petitions subject to the Fiscal Year 2010 cap which starts on October 1, 2009. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. [ more ]
Customs and Border Protection Designation of Certain Enhanced Driver’s Licenses as Acceptable IDs under WHTI - 06/01/09
CBP is designating enhanced driver's licenses and identification documents issued by the States of Vermont and Michigan and the Canadian Provinces of Quebec, Manitoba, British Columbia, and Ontario as acceptable documents for purposes of the Western Hemisphere Travel Initiative which starts today June 1, 2009. [ more ]
USCIS Announces Permanent Resident Card Production Delays - 06/01/09
On 5/29/09 USCIS announced possible delays in the delivery of permanent resident cards while the agency is in the process of upgrading its card production equipment. [ more ]
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