Tampa Office: 3001 North Rocky Point Dr., Tampa, FL 33607 Tel: 813-597-8088

Orlando Office: 7380 Sand Lake Rd., Suite # 500, Orlando, FL 32819 Tel: 407-352-3223

Virginia Office: 8303 Arlington Blvd, Suite # 210 Fairfax, VA 22031 Tel: 703-839-5706

813.597.8088

News & Updates

USCIS Announces Expansion of E-Verify Self Check

Online Tool Now Available Throughout the United States

Released Feb. 9, 2012

ORLANDO, Fla.—U.S. Citizenship and Immigration Services (USCIS) today announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands. Launched in March 2011 by Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas, today’s announcement delivers on the goal of expanding Self Check nationally within one year.

“We are pleased to complete, ahead of schedule, our expansion of this important tool for employees,” said USCIS Director Alejandro Mayorkas during a press conference at the agency’s field office in Orlando, Fla. “Since our initial launch in March, approximately 67,000 people have used Self Check and we anticipate that participation will dramatically increase with service now available to individuals across the country.”

Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.

Since the program’s inception, thousands of individuals have used Self Check, available in English and Spanish, to access their federal employment eligibility records and for guidance on how to correct potential record discrepancies prior to the hiring process.

In August 2011, Self Check became a bi-lingual service available to users in both English and Spanish, broadening the scope of the program to members of our U.S. workforce who are more comfortable reading Spanish-language materials.

For more information on Self Check, please visit www.uscis.gov/selfcheck.

U.S. Citizenship and Immigration Services Opens New Office in Queens

Grand Opening Marks New York City's Newest Full-Service Immigration Office

Jan. 20, 2012

NEW YORK—U.S. Citizenship and Immigration Services (USCIS) today celebrated the official opening of its newest immigration field office in Queens, N.Y. USCIS Director Alejandro Mayorkas and USCIS’s New York District Director Andrea Quarantillo were joined by U.S. Rep. Carolyn Maloney (14th District, N.Y.), U.S. Rep. Joseph Crowley (7thDistrict, N.Y.) and Queens Borough President Helen Marshall for the ribbon-cutting ceremony.

“Opening the Queens office furthers our effort to become a part of the community and provide services where our customers live,” Director Mayorkas said. “We are confident that this new office will improve customer service and accessibility, and create new opportunities for the Queens community to engage with our agency.”

The new office, located at 27-35 Jackson Ave., consists of waiting rooms, an Application Support Center (which offers fingerprinting and photographic services as part of the application process), a naturalization ceremony room, and interview and file rooms. The building was formerly a warehouse and has been renovated to create a modern and efficient office space. The Queens office is expected to serve about 500 people each business day. The office’s hours are 7 a.m. to 3:30 p.m.

A portion of the new office in Queens was dedicated by USCIS employees to one of their own: former Field Office Director Gwynne K. MacPherson-Williams, who passed away in March 2011 after 38 years of distinguished public service in New York City. A plaque will be placed in the new naturalization ceremony room in her memory.

The Aviation High School Honor Guard participated in today’s ceremony by presenting the national colors and leading guests in the Pledge of Allegiance.

Approximately 100 employees transferred to the Queens office from the now-closed Garden City, Long Island, office. USCIS recently opened an additional office in Holtsville, Long Island.

Temporary Protected Status Extended for Salvadorans

Re-registration Open Until March 12, 2012

Jan. 10, 2012

WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending Sept. 9, 2013.

Current Salvadoran TPS beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs through March 12, 2012. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible within the 60-day re-registration period. Although the Federal Register notice erroneously states that re-registration applications must be filed January 9, 2012 through March 9, 2012, USCIS will accept applications filed January 9, 2012 through March 12, 2012. USCIS is working to correct the public information on the re-registration filing dates.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Salvadoran TPS beneficiaries who re-register on time will receive a new EAD with an expiration date of Sept. 9, 2013. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS El Salvador EAD bearing a March 9, 2012, expiration date for an additional six months, through Sept. 9, 2012.

To re-register, current TPS beneficiaries must submit an Application for Temporary Protected Status, Form I-821. TPS re-registrants must also submit an Application for Employment Authorization, Form I-765, regardless of whether they are applying for an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are age 14 or older. TPS re-registrants applying for an EAD must submit the Form I-765 application fee, or a fee waiver request.

TPS applicants may request that USCIS waive any or all the fees by filing a Request for Fee Waiver, Form I-912, or by submitting a personal letter. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the TPS application.

USCIS Announces Changes to Stand-Alone I-130 Filing Locations

Jan. 1, 2012

WASHINGTON – On January 1, 2012, U.S. Citizenship and Immigration Services (USCIS) changed the filing locations for Form I-130, Petition for Alien Relative. Domestic petitioners will now mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the United States. Updated filing addresses are available at this link: Form I-130 Direct Filing Locations. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

There will be no change in filing locations when submitting Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Individuals filing these forms together will continue to mail them to the Chicago Lockbox facility. Petitioners filing from overseas addresses in countries without USCIS offices will also continue to file at the Chicago Lockbox facility. Petitioners residing in a country with a USCIS office may send their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.

Customers should ensure they are filing at the proper location. Individuals who submit their Form I-130 packages to the incorrect Lockbox location may experience a delay in processing. Questions or concerns regarding where to file your application should be directed to the USCIS National Customer Service Center at 1-800-375-5283

USCIS Unable to Resume Processing Adoptions from Vietnam

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration.

USCIS can only approve a Form I-800 in a Hague Convention adoptee case after DOS has issued a certification of compliance under the Hague Adoption Convention and the Intercountry Adoption Act of 2000. At this time, DOS cannot issue certificates in Vietnamese adoption cases. Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam. Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS strongly urges parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam. USCIS also strongly urges them not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Vietnam as the country from which they seek to adopt.

The Hague Adoption Convention, which entered into force for the U.S. on April 1, 2008, protects the welfare of children, birth parent(s) and adoptive parent(s) engaged in intercountry adoptions. Effective April 1, 2008, new intercountry adoptions between the United States and other Hague Convention countries must comply with Hague Adoption Convention standards. Vietnam also ratified the Hague Adoption Convention and the Convention entered into force for Vietnam on Feb. 1, 2012. In the U.S., Hague Convention adoptions are processed on USCIS Forms I-800A and I-800.

Before the U.S. and Vietnam ratified the Hague Adoption Convention, Vietnamese intercountry adoption cases were processed on USCIS Forms I-600A, Application for Advance Processing of Orphan Petition, and I-600, Petition to Classify Orphan as an Immediate Relative. These intercountry adoptions took place under a bilateral agreement between the U.S. and Vietnam that expired Sept. 1, 2008. On Oct. 16, 2008, USCIS announced the U.S. and Vietnam would not resume new adoption cases until both countries signed either a new bilateral agreement or Vietnam acceded to and complied with the Hague Adoption Convention. See the Oct. 16, 2008, USCIS Update and Frequently Asked Questions for more information.

USCIS will promptly advise the public when DOS determines Vietnam can meet its obligations to the Hague Adoption Convention, which will allow USCIS to process Forms I-800 for adoptions from Vietnam.

»     2010
»     2009

USCIS Continues to Accept FY 2011 H-1B Petitions

April 08, 2010

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master's degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2011 H-1B petitions. These updates and helpful filing information can be found at USCIS' Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the "final receipt date"). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

Therefore, USCIS will continue to process all petitions filed. For more information on USCIS and its programs, visit www.uscis.gov.

H-1B in General: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

VSC Advises of Change of Address for 2011 Cap Filings

**As per "AILA InfoNet Doc. No. 10032230 (posted Mar. 22, 2010)"
March 22, 2010

The new VSC addresses are as follows:

H 1B Cap Cases:

USCIS, VSC
Attn: H 1B Cap
4 Lemnah Drive
St. Albans, VT 05479 0001

H 1B U.S. Master's Exemption Cases:

USCIS, VSC
ATTN: H 1B U.S. Masters Cap
4 Lemnah Drive
St. Albans, VT 05479 0001

The VSC filing addresses for all other H 1B petitions (including those requesting premium processing service) remain the same as FY 2010. There will be a USCIS press release in the near future clarifying this issue.

Deferred Enforced Departure Extended for Liberians, Questions and Answers

March 19, 2010

WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) today automatically extended employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through Sept. 30, 2010-following President Obama's announcement today of his decision to extend DED through Sept. 30, 2011, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. The sixth month automatic extension of existing Employment Authorization Documents (EADs) will permit eligible Liberians to continue working while they file their applications for new EADs that will cover the full twelve months of the DED extension and for USCIS to complete processing and issuance of those new EADs.

Although DED was scheduled to end for Liberian nationals on March 31, 2010, President Obama determined that there are compelling foreign policy reasons to continue deferring enforced departure from the United States for eligible Liberian nationals presently living in the United States under the existing grant of DED for 18 additional months.

Certain individuals are ineligible for DED, including Liberians who did not have Temporary Protected Status on September 30, 2007 and are therefore not covered under current DED, certain criminals, persons subject to the mandatory bars to Temporary Protected Status, and persons whose removal is in the interest of the United States.

In addition to automatically extending the validity of employment authorization documents for Liberian nationals covered under DED, USCIS will publish a notice in the Federal Register with instructions for these individuals on how to obtain employment authorization for the remainder of the DED extension.

Deferred Enforced Departure Extended for Liberians, Questions and Answers

March 19, 2010

Introduction:

On March 19, 2010 U.S. Citizenship and Immigration Services (USCIS) automatically extended employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through Sept. 30, 2010-following President Obama's announcement today of his decision to extend DED through September 30, 2011, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. . The sixth month automatic extension of existing Employment Authorization Documents (EADs) will permit eligible Liberians to continue working while they file their applications for new EADs that will cover the full twelve months of the DED extension and for USCIS to complete processing and issuance of those new EADs.

Background:

Although DED was scheduled to end for Liberian nationals on March 31, 2010, President Obama determined that there are compelling foreign policy reasons to continue deferring enforced departure from the United States for eligible Liberian nationals presently living in the United States under the existing grant of DED for 18 additional months. USCIS will publish a notice in the Federal Register with instructions for these individuals on how to obtain employment authorization for the remainder of the DED extension.

This automatic extension of employment authorization will allow sufficient time for eligible DED beneficiaries to receive new Employment Authorization Documents (EAD) without any lapse in employment authorization.

Questions and Answers:

Q. How do I know if I am covered by the extension of DED?
A. With certain exceptions, you are eligible for an extension of DED if you are present in the United States and are covered under DED as the date of Federal Register publication. Generally, if you held Temporary Protected Status (TPS) as of Sept. 30, 2007, then you are covered by Liberian DED and the 18 month extension applies to you. There are exceptions for such Liberians who would not be covered for TPS now due to being criminals or mandatorily barred by other TPS provisions and Liberians who are excluded under President Obama's decision to extend TPS.

Q. How do I determine if I am not covered by DED?
A. You are not eligible for DED under the President's determination if: (1) you are ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act; (2) your removal is determined to be in the interest of the United States; (3) the Secretary of State has reasonable grounds to believe your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States; (4) you have voluntarily returned to Liberia or your last habitual residence outside the United States; (5) you were deported, excluded, or removed prior to the date of this memorandum; or (6) you are subject to extradition.

Q. If I am covered by DED, how long will this extension allow me to remain in the United States?
A. Under this extension, you will continue to be covered by DED for 18 months through Sept. 30, 2011.

Q. Do I need to apply or register to receive an extension of DED?
A. No, DED is automatic. However, if you would like to receive work authorization, you must file an Application for Employment Authorization, Form I 765 (see below).

Q. Where do I submit Form I 765?
A. Please submit Form I 765 and supporting documentation to:

USCIS
Attn: DED
P.O. Box 8677
Chicago, IL 60680 8677

Q. What do I need to submit with Form I 765?
A. On Form I 765, you must indicate that you are eligible for DED. As the previous presidential order of DED only covered Liberians who were TPS beneficiaries as of Sept. 30, 2007, you must include a copy of your last Form I 797, Notice of Action, showing you were approved for TPS as of Sept. 30, 2007.

Q. What editions of Form I 765 should I submit?
A. USCIS will only accept versions of Form I 765 dated May 27, 2008 (Rev. 5/27/08), or later. The revision date is in the bottom right corner of the form. The forms are available on the Web at http://www.uscis.gov/forms or by calling the USCIS forms hotline at 1 800 870 3676.

Q. Can I file my application (Form I 765) electronically?
A. No, electronic filing is not available for Form I 765 based on DED.

Q. How will I know if I have to report to a USIS Application Support Center (ASC) to submit biometrics?
A. USCIS will mail you a notice with instructions detailing whether you are required to appear at a USCIS ASC for biometrics collection.

Q. What documents should I bring to my ASC appointment?
A. When you report to an ASC, you must bring the following documents

» An identity document with photograph
» Your receipt notice for your application
» Your ASC appointment notice; and
» Your current EAD if you have been issued one.

Q. What will happen if I do not appear at the ASC?
A. Failure to appear at an ASC for a required appointment will result in denial of your case due to abandonment unless you submit, and USCIS has received, an address change notification (see instruction below) or a rescheduling request before your appointment-and USCIS excuses your failure to appear.

Q. What if my address changes after I file my EAD application?
A. If your address changes after you file your application, you must complete and submit Form AR 11 by mail or electronically. The mailing address is:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742 7134
Form AR 11 can also be filed electronically by following the directions on the USCIS Web site at: http://www.uscis.gov.
You may also call the USCIS National Customer Service Center at 1 800 375 5283 (TTY 1 800 767 1833) to request an update to your address on your EAD application. Please note that even if you call the USCIS National Customer Service Center, you must still file a Form AR 11.

Q. How can I tell whether my EAD has been automatically extended for six months from April 1, 2010, through Sept. 30, 2010?
A. Your EAD has been automatically extended if it has "A 11" on the face of the card under "Category," and has an expiration date of March 31, 2010.

Q. What documents may I show to my employer as proof of employment authorization and identity when completing Form I 9?
A. Throughout the duration of the six month automatic employment authorization extension, you may present your prior TPS or DED based EAD to your employers, as described above, as proof of identity and employment authorization through Sept. 30, 2010. To minimize confusion over this extension at the time of hire or re verification, you may also present a copy of the Federal Register Notice regarding the automatic extension of employment authorization documentation through Sept. 30, 2010. In the alternative, you may present any legally acceptable document or combination of documents listed in List A, List B, or List C of the Form I 9.

Q. Can I leave the United States and legally re enter before Sept. 30, 2011?
A. Yes, if you seek and are granted advance parole before departing the United States. You must file a Form I 131, Application for Travel Document, with appropriate fee, to request advance parole. You must provide a copy of your last TPS or DED based EAD, or, if you do not have a TPS or DED based EAD, submit a copy of your last Form I 797, Notice of Action, stating that you had received a grant of TPS as of Sept. 30, 2007. If you leave the United States without first requesting and obtaining advance parole, you are no longer eligible for DED. You may not be permitted to re enter the United States. The determination whether to grant advance parole is within the discretion of DHS and is not guaranteed in any case. If you seek advance parole in order to go to Liberia, you may risk being found ineligible to reenter the United States under DED because the President' memorandum excludes persons "who have voluntarily returned to Liberia."

DHS Unveils Initiatives to Enhance E Verify Fact Sheet

March 18, 2010

Introduction:

On March 17, Department of Homeland Security (DHS) Secretary Janet Napolitano joined U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce a trio of initiatives to strengthen the efficiency and accuracy of the E Verify system. These initiatives include a new agreement with the Department of Justice that will streamline the adjudication process in cases of E Verify misuse and discrimination; an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E Verify information; and new training videos focusing on E Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.

Background

E Verify is a free, easy to use Web based system-operated in partnership by USCIS and the Social Security Administration-that allows participating employers to electronically verify the employment eligibility of newly hired employees. More than 192,000 participating employers at more than 705,000 worksites nationwide currently use E Verify to electronically verify their workers' employment eligibility. Since Oct. 1, 2009, E Verify has processed more than six million queries.

Questions & Answers; MOA with Department of Justice

Q. Why is E Verify sharing information with the Department of Justice's Office of Special Counsel (OSC)?
A. The purpose of the MOA is to establish a streamlined process for referring E Verify matters falling within the other's jurisdiction. OSC will receive referrals of potential discrimination that come to USCIS; in turn, USCIS will receive from OSC referrals of potential employer misuse of E Verify that does not fall within DOJ's enforcement arena. In addition, the MOA provides USCIS a more efficient process to assist DOJ in pending investigations as they relate to E Verify.

Q. Under what circumstances will USCIS share information with DOJ OSC?
A. USCIS will refer to OSC allegations involving potential discrimination resulting from employer misuse of E Verify. USCIS will also provide information in response to appropriate law enforcement requests by OSC.

Q. What kind of information will E Verify share with DOJ OSC?
A. Where appropriate, USCIS will share data from the queries run through E Verify, including citizenship status, to OSC to assist it in identifying violations of the anti discrimination provision of the INA. USCIS will also share employer information, as appropriate, when employers have engaged in potential misuse of E Verify.

Q. How will DOJ OSC analyze the information it receives from E Verify?
A. The information OSC receives from USCIS will assist OSC in identifying potential patterns or practices of discrimination through the misuse of E Verify or in investigating individual claims of discrimination.

Q. What will DOJ OSC do if it finds evidence of discrimination by a particular employer?
A. Under 8 U.S.C. § 1324b, OSC is authorized to conduct investigations of: (1) citizenship or immigration status discrimination; (2) national origin discrimination; (3) unfair documentary practices during the employment eligibility verification (Form I 9) process (document abuse); and (4) retaliation. OSC will follow its established procedures for investigating violations of 8 U.S.C. § 1324b.

Q. How will USCIS and DOJ OSC protect the privacy of E Verify employers and employees?
A. USCIS and OSC will comply with all applicable laws and agency protocol for maintaining personally identifiable information.

Q. When will the MOA go into effect?
A. The MOA will go into effect upon signing on March 17, 2010.

Q. Do you anticipate similar agreements with other federal or state agencies?
A. OSC has entered into similar agreements with the Equal Employment Opportunity Commission, OFCCP and several stage agencies. USCIS has also entered an agreement with DHS' U.S. Immigration and Customs Enforcement.

Civil Rights/Civil Liberties Videos

Q. What are the E Verify Civil Rights and Civil Liberties videos?
A. These videos, created by the Department of Homeland Security's Office of Civil Rights and Civil Liberties and U.S. Citizenship and Immigration Services are designed to help employers understand their responsibilities under E Verify and to inform employees of their rights when working for employers enrolled in E Verify. One video, "Understanding E Verify: Employer Responsibilities and Worker Rights," is aimed at employers and is available in English. The other video, "Know Your Rights: Employee Rights and Responsibilities," is aimed at employees and is available in English and Spanish. Each video is approximately 20 minutes long and contains re enactments of real world hiring scenarios where employers and employees work through the E Verify process together, ensuring that employees' rights are understood and respected throughout.

Q. When will the videos be available and where can I get a copy?
A. The videos are available online for viewing at www.dhs.gov/e verify or www.youtube.com/ushomelandsecurity.

Q. When will the videos be available and where can I get a copy?
A. The videos are available online for viewing immediately (March 17) at www.dhs.gov/e verify or www.youtube.com/ushomelandsecurity. You may also request the videos by sending an email to E verify@dhs.gov please include the point of contact, mailing address, and how many copies you are requesting.

Q. Do you plan on offering the videos in languages other than English and Spanish?
A. Future videos may incorporate additional languages if such a need is determined.

Employee Hotline

Q. When will the employee hotline be available to the public?
A. The employee hotline (888 897 7781) will be active on April 5, 2010. Hours of operation are:

8 a.m. - 5 p.m. local (continental United States, Puerto Rico and U.S. Virgin Islands)
8 a.m. - 4 p.m. (Alaska)
8 a.m. - 2 p.m. (Hawaii)

Q. How does the hotline work?
A. The employee hotline is a dedicated telephone number created to respond to employee inquiries, issues and complaints. It will be operated with an Interactive Voice Response (IVR) that will allow the employee to choose from four options. Once the employee makes his or her selection, the IVR will route the call to the appropriate customer service representative.

The four options are:

» General E Verify information
» Completing the Form I 9
» Contesting an E Verify case
» Filing a complaint regarding possible discrimination or employer misuse of the E Verify program. The employee hotline IVR will contain options in both English and Spanish; USCIS will provide customer service representatives who speak both languages.

Q. What kind of questions or issues will be addressed by the employee hotline?
A. The employee hotline will allow employees to:

» Gain general information about the E Verify program and procedures
» Understand how to complete the Form I 9 with acceptable documentation
» Understand the E Verify process and how it affects them
» Learn about employee rights
» Report employer misuse of the E Verify system
» File complaints regarding possible violations of verification policy and privacy laws
» Contest an E Verify case.

Q. Will this hotline afford the caller the opportunity to discover whether or not his or her identity has been stolen?
A. The hotline will direct potential identity theft victims to the Federal Trade Commission and other resources for reporting purposes. The hotline and customer service representatives do not have the capability to determine whether an identity was stolen.

Humanitarian Parol Fact Sheet.

March 16, 2010
Introduction:

Humanitarian parole enables an otherwise inadmissible individual to enter the United States temporarily due to urgent humanitarian reasons. Parole is not intended to be used to avoid regular visa issuing procedures or to bypass immigration procedures. Parole does not confer any permanent immigration status, but does enable a recipient to apply for and receive employment authorization.

Humanitarian parole is typically granted for the duration of the emergency or compelling situation at issue. Anyone granted humanitarian parole must depart the United States prior to its expiration date or risk being placed in removal proceedings. An individual paroled into the United States, however, may request that a period of humanitarian parole be extended.

Anyone may file an application for humanitarian parole, including the prospective parolee, a sponsoring relative, an attorney, or any other interested individual or organization.

Questions & Answers

Q. Where can I find the law about humanitarian parole?
A. The legal foundation for humanitarian parole comes from the Immigration and Nationality Act (INA). Section 212(d)(5)(A) of the INA states USCIS has discretion to parole an individual into the U.S. temporarily under certain conditions for urgent humanitarian reasons or significant public benefit on a case by case basis.

Q. If I have a pending or approved relative petition, but I need to get my family member to the United States more quickly than waiting for the normal immigration and visa processing, should I apply for humanitarian parole?
A. Humanitarian parole normally cannot be used to avoid normal visa issuing procedures or to bypass immigration procedures. The course of action in such situations is usually to request expedited processing of your relative petition and/or visa.

Q. How do I request humanitarian parole?
A. You file a request for humanitarian parole using Form I 131, Application for Travel Document, with the Form I 134, Affidavit of Support, following the instructions on the Form or the USCIS website.
Q. Where can I receive forms to request humanitarian parole?
A. The Form I 131, Application for Travel Document, and Form I 134, Affidavit of Support and instructions are available to download from http://www.uscis.gov/forms. You may make a request online to have the forms mailed to you, or call USCIS' Forms Request line, 1 800 870 3676.

Q. Is there a fee and, if so, can it be waived?
A. Yes, all Form I 131s must be accompanied by a fee. Regulations do not permit USCIS to waive the fee. For more information on the fee, see the Form I 131 page on http://www.uscis.gov/forms.

Q. How long does will it take to get an answer on my application?
A. USCIS generally will make a decision on a request for humanitarian parole within 90 120 business days from the time USCIS receives the application. Urgent cases may be processed within days when necessary.

Q. How can I find out the status of my application?
A. To check the status of your application, contact the Chief of the Humanitarian Affairs Branch at the following address:

Department of Homeland Security, USCIS
Attn: Chief, Humanitarian Affairs Branch
20 Massachusetts Avenue, NW Suite 3300
Washington, DC 20529 2100

Please provide specific information about your application, such as the case number of the humanitarian parole application, the name, and date of birth of the petitioner, the date of application, and a brief explanation of the reasons for seeking parole.

Q. How will I be notified if my request is approved?
A. If you are the applicant, you will receive a written notice when your application has been adjudicated.

Q. For what period of time will I be granted humanitarian parole?
A. Humanitarian parole is typically granted for a set period of time that corresponds with the duration of the urgent situation at issue. It is seldom granted for longer than one year.

  Guidelines:

A Humanitarian Parole application package should contain ALL of the following:

» Original Form I 131, Application for Travel Document
» Original Form I 134, Affidavit of Support
» Filing fee
» Detailed explanation of the reasons why you are applying for Humanitarian Parole and the length of time for which you need Humanitarian Parole (the maximum time is usually limited to one year)
» Detailed explanation of why you cannot obtain a U.S. nonimmigrant visa from the Department of State including: a) when and where you attempted to obtain visas, b) if you were denied, send a copy of the denial letter given to you
» Detailed explanation of the reasons why you cannot obtain any required waiver of inadmissibility (if applicable) and a copy of the denial letter if you received one » Copies of any previously approved immigrant petitions (Forms I 130, I 140, I 360)
» Copies of supporting documents (tax returns, doctor's letters, etc) can also be referred to as evidence.

PLEASE NOTE:

» All supporting documents should be included with the application when it is submitted to USCIS or the application may be rejected. Applications will not be processed until all documents are received.
» Medical Parole: If you need humanitarian parole for medical reasons, you must submit the following, with documentation to support any assertions, where available:
a) An explanation from a medical doctor stating the diagnosis and prognosis, and how long the treatment is expected to last;
b) Information on the reasons why you cannot obtain treatment in your home country or in a neighboring country;
c) The estimated cost of the treatment and an explanation on how the treatment will be paid for;
d) How you will pay to return to your country.

» Parole for children with medical needs: Parole of children, including for medical needs, requires the consent of a parent or legal guardian. Parole of orphans from Haiti, including for medical reasons, may require approval from the government of Haiti. For information on a special parole program for certain orphans in Haiti, please see Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti on the USCIS website at www.uscis.gov/haitianearthquake

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications.

March 10, 2010

WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H 1B petitions filed with uncertified Labor Condition Applications (LCAs).

Due to processing delays associated with Department of Labor's (DOL) "iCERT" system, USCIS responded to requests from the public and temporarily allowed H 1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.

As of March 10, 2010, USCIS will reject any H 1B petition filed without an LCA certified by DOL

USCIS to Accept H 1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

March 08, 2010

WASHINGTON U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H 1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H 1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H 1B petitions filed on behalf of individuals who have earned a U.S. master's degree or higher are exempt from the H 1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H 1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H 1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap exempt H 1B categories seeking work dates starting in FY 2010 or 2011.

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. Accordingly, USCIS will continue to process petitions filed to:

• extend the amount of time a current H 1B worker may remain in the United States;
• change the terms of employment for current H 1B workers;
• allow current H 1B workers to change employers;

or

• allow current H 1B workers to work concurrently in a second H 1B position.

H 1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2011 H 1B petition, which can be found on our website.

U.S. businesses use the H 1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

USCIS Revises Filing Instructions for Form I 824, Application for Action on an Approved Application or Petition

March 02, 2010

WASHINGTON U.S. Citizenship and Immigration Services (USCIS) today announced an addition to the recently posted filing instructions for the Application for Action on an Approved Application or Petition, Form I 824. The revised instructions include a note in the "Where to File" section, to clarify that applicants who are filing Form I 824 concurrently with another form, should mail their applications according to the filing instructions on the other form.

As a result, USCIS Service Centers have extended the period of time during which they will forward all Form I 824 applications to the Lockbox facility, until March 31, 2010. After March 31, 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.

Revised Form I 360, Petition for Amerasian, Widow(er), or Special Immigrant, and Revised Filing Locations

February 25, 2010

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.

Beginning February 25, 2010, applicants must file a Form I 360 with either the Vermont Service Center, the Nebraska Service Center, or at a USCIS Lockbox facility. Where applicable, USCIS Service Centers will forward Form I 360 petitions to the appropriate Lockbox facility until March 29, 2010. After the transitional period, the Service Centers may return incorrectly filed Form I 360 with instructions to send the petition to the correct location. USCIS will accept previous versions of Form I 360 until March 29, 2010. After March 29, 2010, USCIS will reject previous versions of the form submitted.

When filing Form I 360 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your petition. 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 petition.

Revised Form I 485, Application to Register Permanent Residence or Adjust Status, and Revised Filing Locations

February 25, 2010
Office of the Spokesman
Washington, DC

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.

Change of Filing Location for Form I 765, Application for Employment Authorization

February 25, 2010

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.

Beginning February 24, 2010 applicants must now submit Form I 765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I 765 instructions as well as at www.uscis.gov.

The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

When filing Form I 765 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E Notification of Application/Petition Acceptance (Form G 1145), and attach it to the first page of your application.

Form I 765 may be electronically filed (e filed) with USCIS when submitted under certain categories. View our Web site for a list of who is eligible to e file Form I 765.

Change of Filing Location for Form I 102, Application for Replacement/Initial Nonimmigrant Departure Document

February 22, 2010
Office of the Spokesman
Washington, DC

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.

Beginning February 22, 2010, applicants submitting Form I‑102 by itself must mail their application to the USCIS Phoenix or Dallas Lockbox facility, based on where they are located.  Detailed guidance can be found in the updated Form I‑102 instructions, which can be accessed through the Form I‑102 link to the right.  Applicants submitting their Form I‑102 with another form should submit both forms according to the filing instructions for the other form.

NATO and Partnership for Peace under SOFA Military Members seeking an initial Form I‑94 should submit their application through their foreign commander or designee, to NATO/Headquarters, Supreme Allied Commander Transformation at NATO/HQ SACT, 7857 Blandy Road, Suite 100, ATTN: Legal Affairs, Norfolk, VA 23551‑2490.

The Service Centers will forward mail to the USCIS Phoenix and Dallas Lockbox facilities for 30 days until March 24, 2010.  After March 24, 2010, applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.

Applicants filing a Form I‑102 at a USCIS Lockbox facility, may elect to receive an email and/or text message notifying them that their application has been accepted.  They must complete an E‑Notification of Application/Petition Acceptance (Form G‑1145), and attach it to the first page of their application.

Change of Filing Location for Form I 824, Application for Action on an Approved Application or Petition

February 19, 2010
Office of the Spokesman
Washington, DC

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.

MAN INDICTED BY A FEDERAL GRAND JURY FOR DEFRAUDING FOREIGN NATIONAL EMPLOYEES, HARBORING ILLEGAL ALIENS, AND OTHER IMMIGRATION AND TAX RELATED CHARGES

February 12, 2010
Office of the Spokesman
Washington, DC

DENVER – Opas Sinprasong, age 51, of Boulder, Colorado, was indicted by a federal grand jury in Denver on February 10, 2010 on charges of defrauding his foreign national employees, harboring illegal aliens, and other immigration and tax related charges.  Sinprasong voluntarily surrendered yesterday.  He then made his initial appearance in U.S. District Court in Denver, where he was advised of the charges pending against him.  His next scheduled appearance in U.S. District Court in Denver is on February 17, 2010 for arraignment and a detention hearing.

According to the indictment, Opas Sinprasong was a citizen of Thailand who was in the United States on a E2 Non‑Immigrant Principal Investor status.  While in the United States he ran Thai and Japanese restaurants in Boulder, Louisville, and Broomfield, doing business as Siamese Plate and Sumidas, and Siamese Plate on the go.

From 2001 through 2008, Sinprasong sponsored Thai nationals’ admission to the United States as specialty workers for his restaurants.  He claimed in immigration applications that these workers possessed specialized skills that were essential to the efficient operation of his businesses.  The Thai employees were admitted to the U.S. for a term of two years, which could be extended for an indefinite number of two‑year terms.

Sinprasong required all Thai employees to enter into a two‑year employment contract.  The terms of employment per the contract included:

• Employees are to pay the defendant a “bond” of 50,000 Thai baht (approximately $1,500 U.S. dollars).  The “bond” was a  substantial amount of money to the Thai employees.
• Employees were liable to the defendant for a penalty of 600,000 Thai baht (approximately $18,000 U.S. dollars) if the employee violated a term of the contract or caused damage to Sinprasong.  The employee was required to obtain a personal guarantor in Thailand, who entered into a contract with the defendant making the guarantor liable for the penalty if the employee violated a term of the contract or caused damages.
• Required employees to pay the defendant a $3,000 dollar “visa preparation fee” which employees were to pay after arriving in the United States, in addition to other fees.

Sinprasong typically directed them to start work at his restaurants upon arrival to the U.S. and he paid them “under‑the‑table” while deducting portions of the $3,000 “visa preparation fee” and other fees from the payment check.  Once these fees had been fully paid through such deductions, which typically took between three and four months, the defendant helped the Thai employees obtain Social Security numbers and then started to report a portion of their wages and placed them on the official payroll of the restaurants.

The indictment continues that the defendant devised a scheme to defraud the Internal Revenue Service (IRS) and the Thai employees.  As part of the scheme, Sinprasong used a duel payroll system whereby he concealed from his payroll records the substantial overtime hours he directed the Thai employees to work, which was typically between 26 and 32 hours of overtime each week.  As a result, Sinprasong failed to report all of the wages paid to the Thai employees and failed to pay the Thai employees the overtime wages required by federal law.  The defendant filed employer’s quarterly federal tax returns with the IRS as required, but the returns were materially false in that they failed to report the total wages paid to the Thai employees.  By failing to report all of the wages paid to the Thai employees, the defendant evaded paying the employer’s portion of the Social Security and Medicare taxes due and owing on the unreported wages.

The indictment also alleges that Sinprasong filed false immigration applications and harbored illegal aliens.

“Mr. Sinprasong took advantage of vulnerable people, while at the same time lying to and defrauding our government,” said U.S. Attorney David Gaouette.  “Such criminal conduct cannot be tolerated.”

“Greed is the primary reason anyone unlawfully harbors illegal aliens,” said Kumar Kibble, special agent in charge of the ICE Office of Investigations in Denver.  “These criminals either cheat the aliens they harbor and/or they cheat their competitors.  ICE works closely with our law enforcement partners to identify these individuals and their suspected crimes, and ultimately bring them to justice.”  Kibble oversees a four‑state area which includes Colorado, Montana, Utah and Wyoming.

“IRS Criminal Investigation (CI) understands these types of crimes have a real impact on the employees of the business and CI is committed to working with our other law enforcement partners to ensure these illegal activities are investigated and brought to justice,” said Special Agent in Charge Christopher M. Sigerson for IRS Criminal Investigation.

If convicted, the defendant faces not more than 20 years in federal prison and up to a $250,000 fine for each count of wire fraud.  He faces not more than 5 years imprisonment, and up to a $250,000 fine for each count of failure to pay employee federal payroll taxes.  Sinprasong faces not more than 10 years in federal prison, and up to a $250,000 fine for each count of false swearing in an immigration matter.  Lastly, the defendant faces not more than 10 years imprisonment and a fine of not more than $250,000 for each count of harboring illegal aliens.  Finally, the indictment seeks forfeiture of property.

This case was investigated by the U.S. Immigration and Customs Enforcement and the IRS Criminal Investigation Denver Field Office.

Sinprasong is being prosecuted by Assistant U.S. Attorney James Hearty, who is the section chief of the Major Crimes Section and Special Assistant U.S. Attorney Ivan Gardzelewski.

The charges in the indictment are allegations, and a defendant has the right to be presumed innocent unless and until proven guilty.

Tenth Circuit holds K 2 visa holders do not "age out" for purposes of adjustment of status.

February 3, 2010
Office of the Spokesman
Washington, DC

The Tenth Circuit recently held that K‑2 visa holders do not "age‑out" for purposes of adjustment of status. The case is Colmenares Carpio v. Holder, No. 08‑9536 (10th Cir. Jan 12, 2010). This case was decided on a Petition for Review of the BIA decision finding Mr. Colmenares Carpio ineligible for adjustment of status.

The petitioner entered the United States in K‑2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner's age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

The Government argued that the BIA should be given deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) since the statutory scheme is ambiguous. The Court rejected that argument on a so‑called Chevron "step zero" analysis. This "step zero" was created by United States v. Mead Corp., 533 U.S. 218 (2001), which held that the agency interpretation to be given deference to must be an agency rule or decision that carries the force of law, such as notice and comments rules or binding precedential decisions. The Tenth Circuit held that the BIA decision is not to be given deference under Chevron since it was not a binding precedential decision but merely a routine adjudication issued by a single Board member, and did not rely on previous BIA precedent. The Court went on to find that the BIA and IJ decisions were not even warranted the lesser deferential standard set forth in Skidmore v. Swift & Co., 323 U.S. 134 (1944) as they were unpersuasive.

The Court went on to do an analysis of statutory construction and found that there is no age limitation on adjustment of status of K‑2 visa holders. It also relied on Choin v. Mukasey, 537 F.3d 1116 (9th Cir. 2008) and Verovkin v. Still, No. 07‑3987, 2007 WL 4557782 (N.D. Cal. Dec. 21. 2007). It is important to note here that the Verovkin decision decided the issue narrowly on the facts in that it found that the applicant was eligible since the marriage and the application for adjustment of status were both concluded before turning 21. The only thing that was left was the USCIS adjudication. The Verovkin decision declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21 as was the case in Jiang v. Still, 307 Fed. Appx. 74; 2009 U.S. App. LEXIS 446 (9th Cir. 2009) (unpublished). The Tenth Circuit took a bigger step in finding that the age of the K‑2 visa holder matters only in regards to when the K‑2 "seeks to enter the United States". This takes the Verovkin decision a step further, and leaves open a door for applicants who may have "aged out" before the qualifying marriage and the application for adjustment of status took place. Interestingly, the Tenth Circuit did not address the Jiang holding.

This exact issue is now before the BIA on several cases. AIC recently filed an amicus brief with the Board that addresses all the K‑2 age out issues at length. Hopefully this Tenth Circuit decision will have an impact on the BIA decision on this issue that could come out any day.

USCIS Update: Registration Begins for Temporary Protected Status to Haiti

01/21/2010 

WASHINGTON U.S. Citizenship and Immigration Services announced today that eligible Haitian nationals in the United States may begin the application process for Temporary Protected Status. Details and procedures for applying for TPS are provided in the Federal Register notice published today.

On Jan. 15, 2010, Secretary of Homeland Security Janet Napolitano designated TPS for eligible Haitian nationals as a result of the catastrophic earthquake that occurred in Haiti on Jan. 12, 2010.

The TPS designation for Haiti is effective today and will remain in effect through July 22, 2011. The designation means that eligible Haitian nationals will not be removed from the United States and will also be eligible to apply to work in the United States. The 180 day registration period for eligible Haitian nationals to apply for TPS begins today and will end on July 20, 2010.

The designation applies only to those Haitians who resided in the United States on or before Jan. 12, 2010; TPS will not be granted to Haitian nationals who entered the United States after Jan. 12, 2010.

Haiti joins El Salvador, Honduras, Nicaragua, Somalia, and Sudan as countries currently designated for TPS.

Departure of Haitian Orphans Covered By Humanitarian Parole

January 26, 2010
Office of the Spokesman
Washington, DC

U.S. and Haitian government officials have met to discuss and establish a transparent and orderly procedure for securing departure approval for children already in the adoption process before the January 12 earthquake. This follows a January 22 Government of Haiti announcement of new procedures to protect children leaving the country, including those orphans eligible and already approved for humanitarian parole into the United States. Under the new requirement, the Government of Haiti must approve every child's departure from the country. The United States is seeking to expedite the departure of children approved for humanitarian parole so they may be united with their U.S. adoptive parents.

The decision to permit the departure of children before the full and final completion of adoptions is a serious matter. Both the Haitian and U.S. governments must confirm that each child is appropriately authorized for travel.

In the aftermath of a crisis such as the Haiti earthquake, children are especially vulnerable; and there is increased potential for abuse of, and trafficking in, children. The United States remains committed to working with the Government of Haiti to implement safeguards to protect children and their families in Haiti. We appreciate the concerns that prospective adoptive parents have for the health and welfare of the children they are adopting, and their eagerness to receive their children in the United States as quickly as possible. We are confident that an approval procedure soon will be announced that ensures the expeditious departure of children who qualify for humanitarian parole. To date, humanitarian parole has been granted to almost 500 Haitian orphans in the process of being adopted, several hundred of whom are now in the United States.

USCIS Update: Registration Begins for Temporary Protected Status to Haiti

01/21/2010 

WASHINGTON U.S. Citizenship and Immigration Services announced today that eligible Haitian nationals in the United States may begin the application process for Temporary Protected Status. Details and procedures for applying for TPS are provided in the Federal Register notice published today.

On Jan. 15, 2010, Secretary of Homeland Security Janet Napolitano designated TPS for eligible Haitian nationals as a result of the catastrophic earthquake that occurred in Haiti on Jan. 12, 2010.

The TPS designation for Haiti is effective today and will remain in effect through July 22, 2011. The designation means that eligible Haitian nationals will not be removed from the United States and will also be eligible to apply to work in the United States. The 180 day registration period for eligible Haitian nationals to apply for TPS begins today and will end on July 20, 2010.

The designation applies only to those Haitians who resided in the United States on or before Jan. 12, 2010; TPS will not be granted to Haitian nationals who entered the United States after Jan. 12, 2010.

Haiti joins El Salvador, Honduras, Nicaragua, Somalia, and Sudan as countries currently designated for TPS.

USCIS Haitian Relief Measures: Questions and Answers

01/18/2010

Introduction:

The Department of Homeland Security is committed to the effort to assist in the recovery from the earthquake that struck on January 12, 2010 and has announced temporary relief measures that will be made available to those individuals who are unable to return to their home country due to the destruction and humanitarian crisis in Haiti or are currently traveling in the United States.
United States Citizenship and Immigration Services (USCIS) will expedite the processing of certain immigration applications. Standard requirements for security checks will remain in place under expedited procedures. DHS will continue to work with other branches of the United States Government to closely monitor developments in Haiti to determine the need for additional action. Guidance has been issued to each of the field offices and Service Centers directing them to adjust processes as a result of these temporary relief measures. This memorandum has been made public and can be found on www.uscis.gov/haitianmemo. Below are a series of questions providing specific guidance to Haitian national interested in taking advantage of this relief.
We welcome feedback on the information contained within the Q and A, including additional questions affected communities wish to have answered. If you have any questions, please email public.engagement@dhs.gov.
Questions and Answers:

1. What temporary relief measures aside from Temporary Protected Status, will USCIS make available to Haitian nationals in response to the earthquake devastating that country?

A. Temporary relief measures available to nationals of Haiti include favorable adjudication, where possible, of requests for change or extension of nonimmigrant status, acceptance of applications for change or extension of nonimmigrant status submitted after the alien's authorized period of admission has expired, re parole of aliens granted parole by USCIS, extension of certain grants of advance parole, expedited processing of advance parole requests, favorable and expedited adjudication, where possible, of requests for off campus employment authorization due to severe economic hardship for F 1 students, expedited processing of immigrant petitions for children of U.S. citizens and lawful permanent residents (LPRs), issuance of employment authorization where appropriate and assistance to LPRs stranded overseas without documents.

2. Who will be eligible for temporary relief?

A. All nationals of Haiti with current immigration benefits or benefit applications pending with USCIS will be eligible for temporary relief.


3. I am a Haitian national, currently I cannot return to Haiti due to the earthquake and my allowed time to stay in the US is expiring or about to expire. What are my options? Can I work during my stay in the US?

A. Aliens wishing to change or extend their nonimmigrant status must submit an application, per existing standards, and submit evidence establishing that the events of January 12, 2010 is the basis for their inability to return to Haiti prior to the expiration of their authorized period of admission.

Change or Extension of Nonimmigrant Status: USCIS will implement procedures to adjudicate favorably where possible applications for change or extension of nonimmigrant status following the expiration of an applicant's period of admission.

Form I 539 applications currently in process and newly filed applications for Haitian nationals will be identified for immediate processing.

B visa non immigrant visitors can apply for an additional six month extension. All other nonimmigrant aliens must continue to meet existing criteria for change or extension of status.
In cases where an alien is no longer able to extend his or her current nonimmigrant status, favorable consideration should be given to requests for change of status to B 1 or B 2.

Employment Authorization: Certain nonimmigrant classifications are not permitted to apply for or receive employment authorization. Nonimmigrant visitors, for instance, would not be granted work authorization.


4. I am a Haitian national, I was granted parole to enter the United States temporarily. I cannot return to Haiti due to the earthquake and my allowed time to stay in the US is expiring or about to expire. What are my options? Can I work during my stay in the US?

A Haitian national who has already been paroled into the U.S., may apply to extend the period of parole. If an alien presents a genuine, expired or unexpired Form I 94, which contains an expiration date of January 12, 2010 or later, and the alien demonstrates that he or she was or is prevented from returning to Haiti prior to the expiration of his or her parole as a direct result of the earthquake, he or she may file for re parole. The length of the extension is at the Director's discretion but normally should not exceed 6 months.

Re parole Affected Parolees:

Aliens may file for re parole at the USCIS District office with jurisdiction over their current place of residence in the United States: USCIS Office Locations

Employment Authorization:

Parolees in the United States may apply for employment authorization. For how to apply, please refer to the instructions on the Form I 765.



5. I am a Haitian national, I was granted advance parole to travel outside of the United States. I cannot return to the US from Haiti due to the earthquake and my allowed time is expiring or about to expire. What are my options?

A. Due to disruption of consular services following the earthquake and in recognition of the humanitarian needs of affected aliens, an automatic extension of advance parole until March 12, 2010, is granted to those aliens who are currently in Haiti and who are outside of the United States if their advance parole authorization, Form I 512, Authorization for Parole of Aliens into the United States, expires between January 12, 2010 and March 12, 2010. Ports of entry have been instructed to accept these auto extended Form I 512s.

6. I am a Haitian national student currently enrolled in school in the US; due to the earthquake in Haiti I can no longer cover the cost of my education. What are my options? Can I work during my stay in the US?

A. Nonimmigrant F 1 students from Haiti who may be unable to continue to cover the cost to engage in a full course of study may need off campus employment authorization. An F 1 student who can demonstrate that he or she is from Haiti can apply for employment authorization to work off campus.

The student needs to be recommended for employment by the Designated School Official (DSO) and should submit Form I 765, Application for Employment Authorization along with the Form I 20 with approval from the DSO to the USCIS Service Center with jurisdiction. Please refer to the Form I 765 for instructions. The filing fee for Form I 765 is $340.

7. I am a Haitian national currently in the US under an Order of Supervision pursuant to a stay of removal issued by U.S. Immigration and Customs Enforcement. Can I work during my stay in the US?

A. You may be authorized to work and should submit Form I 765, Application for Employment Authorization and USCIS will adjudicate as promptly as possible.


8. I am a Haitian national; I have a pending case with USCIS and need my case expedited due to the earthquake in Haiti. What are my options?

A. Given the need for immediate relief, USCIS will expedite certain applications. Standard requirements for security checks remain in place under expedited procedures.

Expedite Processing:

Relative Petitions for Minor Children of legal permanent residents and U.S. Citizens Residing in Haiti:

In cases where the petitioner requests expedited processing of a Form I 130, Petition for Alien Relative, for a child from Haiti, the case will be expedited where a visa number is readily available.

Requests for Advance Parole:

Haitian nationals with benefit applications pending in the United States may need to travel quickly for emergent reasons and will need to apply for advance authorization for parole to return to the United States. USCIS will expedite the Form I 131, Application for Travel Document


9. I am a Haitian national; I have lost my resident status documents due to the earthquake in Haiti. What are my options?

A. Persons Stranded Without Documents: USCIS overseas offices will continue to assist legal permanent residents who have lost their documents. Database checks and interviews will continue to be conducted during and outside of business hours to rapidly verify status and authorize issuance of boarding letters at the consulate in Haiti. (Boarding letters issued by DHS permit airlines to allow aliens to travel to the United States.


10. I am a Haitian national; I am in removal proceedings and cannot leave due to the earthquake in Haiti. What are my options?

A. Individuals from Haiti who are under a final order of removal may be granted a stay of removal. This temporary suspension is specific to Haiti due to the massive infrastructure damage.

Decisions will be made on a case by case basis and based on specific circumstances. Where appropriate and authorized by law, nonimmigrant visitors and aliens that receive a stay of removal may be eligible to apply for or receive employment authorization so that they may financially support themselves, or potentially help the rebuilding effort by sending remittances to Haiti.


11. If a person from Haiti is out of status, will this person be eligible for any relief?

A. A person whose nonimmigrant status has expired may be able to file for a change or extension of status, if he or she was in valid, nonimmigrant status.


12. Can a person from Haiti, who is out of status, travel to his or her country to assist stricken family members and return to the U.S.?

A. A person from Haiti who is out of status may travel to Haiti, but will not be eligible for Advance Parole. Advance Parole is permission to re enter the United States.


13. Is USCIS/DHS going to grant Temporary Protected Status to Haitian nationals?

A. Yes. Please refer to Temporary Protected Status Questions and Answers document provided on www.uscis.gov.


14. Can an applicant for adjustment of status (Form I 485) travel to Haiti to assist family members without forfeiting his or her application? Can such applicants travel to Haiti to attend funerals?

A. Aliens who have pending applications for permanent residence, Form I 485, are eligible for advance parole if they have an approved Form I 131 Request for Advance Parole. Aliens wishing to return to Haiti to assist family members or attend funerals can request expedited processing of their I 131's as described above. So long as the alien has been approved for Advance Parole, he or she may travel for short periods of time outside of the United States without abandoning the application for permanent residence.


15. Can a naturalized citizen, originally from Haiti, sponsor nieces and/or nephews or other extended minor family members who were orphaned as a result of the devastation?

A. A U.S. citizen, whether naturalized or born in the United States, may not file a Form I 130, Petition for Alien Relative, on behalf of a niece, nephew or other minor extended family member who was orphaned as a result of the earthquake. A U.S. citizen may only petition for his or her spouse, parents, children, adult sons and daughters, and brothers and sisters.

The international standard among adoption professionals in a crisis is to keep children as close to their family members and community as possible. It is often difficult to determine whether children whose parents are missing are truly orphans. In the current situation, many children have become separated from one or both of their parents whose fate is unknown. Even when children are indeed orphaned, they are often taken in by other relatives. Staying with relatives in extended family units is generally a better solution than uprooting the child completely. Also, in the immediate aftermath of such disasters, a country's government may be in disarray and what resources are available may be deployed on recovery projects.

USCIS believes that it will take many months before the countries affected by the disaster will be able to identify the children who are actual orphans. It is only if and when these countries decide to make these orphans available for international adoption that American citizens will be able to begin adoption proceedings for those children who also qualify as orphans as defined in the Immigration and Nationality Act.

Additional information regarding the process of inter country adoptions by U.S. citizens can be found at: http://uscis.gov/graphics/services/index2.htm.


16. I am a U.S. citizen in the process of adopting a Haitian child. What is the U.S. Government doing to help me?

A. We have already received numerous inquiries from American citizens who are in the process of adopting children from Haiti. We understand the deep concern these prospective adoptive parents feel about the welfare of these children, and we are actively working to identify available options in light of the recent tragedy. DHS' U.S. Citizenship and Immigration Services and the DOS Bureau of Consular Affairs have already begun defining possible ways to expedite these pending cases. As soon as there is a plan in place, we will provide details.

USCIS Reaches FY 2010 H-1B Cap

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H 1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H 1B specialty occupation petitions requesting an employment start date in FY 2010.

The “final receipt date” is the date on which USCIS determines that it has received enough cap subject petitions to reach the limit of 65,000. USCIS has also received more than 20,000 H 1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap subject petitions for new H 1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.

USCIS will apply a computer generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap subject petitions not randomly selected.

Petitions filed on behalf of current H 1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H 1B cap. Therefore, USCIS will continue to process petitions filed to:

Extend the amount of time a current H 1B worker may remain in the United States.
Change the terms of employment for current H 1B workers.
Allow current H 1B workers to change employers.
Allow current H 1B workers to work concurrently in a second H 1B position.
H 1B in General: U.S. businesses use the H 1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

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