The USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140. The 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. Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.Under premium processing, for an additional $1000 filing the USCIS will process the case (i.e. approve, deny, issue an RFE) within 10-15 days after filing. For more information, please contact your HLG attorney.
Archive for the ‘Green Card News’ Category
USCIS Reinstates Premium Processing for I-140s
Monday, June 22nd, 2009USCIS Announces Green Card Production Delays
Monday, June 1st, 2009USCIS has announced that applicants may experience up to an eight week delay in the delivery of their permanent resident card (Green Cards) while the Service is in the process of upgrading their card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. It is highly recommended that applicants take their passports to their appointments. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.
If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp. Any questions, please contact your HLG attorney.
Federal Appeals Court on Ability to Pay
Friday, May 8th, 2009In a decision released April 23, 2009, the US Court of Appeals for the Seventh Circuit questioned the USCIS standards on the issue of the ability to pay. The Court stated, ” We were thrown by the government’s brief”. The Court stated that the position of the USCIS “makes no sense” and was even renounced by the government’s own lawyer during oral arguments. The Court pointed out that the USCIS reliance on net income and net current assets misses the distinction between principles of accounting and cash flow. The Court stated that, ” the Department of Homeland Security must not take too static a view of a business firm’s decision to purchase an additional input, whether of capital or labor.” Although the outcome in this case, was ultimately a denial of the petition, the discussion by the Court of the proper ability to pay standards was enlightening.
Of interest to start-up staffing companies with client contracts in place was the Courts favorable references to Matter of Sonegawa and its progeny. This type of reasonable and rational decision from a Federal Court, should give businesses that have been aggrieved by aribtrary USCIS decisions, some encouragement in pursuing litigation against bad decisions. Although the time to achieve relief may be lengthy, relief can be achieved and more companies must be willing to litigate against bad USCIS decisions or else the flood of bad decisions based upon bad policy will continue. When enough Federal Court decisions smack around the USCIS, it is just possible that USCIS HQ in Washington will take note and reign in the out of control Service Centers.
Please click here for a PDF copy of the decision: Construction & Design v. USCIS, Decision No. 08-2461 (7th Cir Ct. App)
I-140 Premium Processing Expands
Tuesday, February 24th, 2009Today, USCIS published notice that it will expand premium processing of I-140 Petitions to H-1B holders that have already “H-ed” out. In the past, I-140 Premium Processing was only available for those who were within 60 days of the expiration of their 6th year and who did not qualify for the 1-year AC21 extension at section 106(a). It specifically excluded people who were forced to leave the US at the end of their 6th year in order to wait for I-140 approval in order to get an AC21 extension and return to the US in H-1B status. Now those people waiting outside of the US can premium process an I-140 (or upgrade a pending case) to obtain an approval and get a three-year extension of H-1B status under AC21 section 104(c). For more information, check out the government’s Press Release. http://www.uscis.gov/files/article/I-140_premium_24feb09.pdf
Did USCIS Immediately Deny Your Adjustment of Status Application Following a Change of Employment?
Saturday, January 31st, 2009USCIS has received inquiries noting that it is not issuing Notices of Intent to Deny following a change of jobs, but instead is immediately denying pending Form I-485 (Application to Register Permanent Residence or Adjust Status) applications. Does this apply to you?
DHS has issued guidance for affected individuals.
Contact an attorney at HLG for further assistance.
HLG to host NYC seminar
Wednesday, October 15th, 2008Kellogg Language- USCIS taking flexible approach
Thursday, October 9th, 2008HLG has received inside information that the USCIS may start to relax its interpretation of the Kellogg Language (i.e. “Any suitable combination of education, training or experience is acceptable”) and when it must be added to an application. A source of constant ambiguity, the addition or subtraction of this “magic language” from labor certification applications has consistently led to confusion and headache. According to the case, the Kellogg Language is only required where there are primary as well as alternative requirements and then only if the alien is already employed by the employer and the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s “alternative” as opposed to its “primary” requirements. Although this statement seems straightforward, its interpretation by the Dept. of Labor and USCIS have been varied to the point of inconsistency. Petitioners and Attorneys alike have the hope that one day this language and when it must be added will once and for all be decided, announced and followed by both the USCIS and Department of Labor when processing labor certification applications and I-140 petitions. We will keep you posted on this issue.
PERM cases to be delayed by 1 year ????
Monday, August 11th, 2008Based upon information obtained from the recently filed lawsuit, Fragomen vs. Chao (DOL) it is expected by many experts, that PERM cases facing an audit by the DOL will be delayed by over 1 year as the DOL attempts to follow through on its promise to audit all PERM applications filed by Fragomen. For all of the other filers using the DOL system, it is certainly hoped that someone at the DOL will soon come to their senses, recognize the foolishness of their ways, stick their tail between their legs and stop this nonesense. We will update our readers as more news becomes available.
Premium processing returns for I-140’s
Wednesday, June 11th, 2008Today, the USCIS announced that on June 16, 2008, it will begin accepting Premium Processing Service requests for I-140’s filed on behalf of certain H-1b workers who are nearing the end of their sixth year limit. Although this particular program is rather limiting, it is welcome news and may signal the more widespread return of premium processing. Check out the USCIS fact sheet to see if your case may qualify for this new program.