Philadelphia Immigration Lawyer Blog

On November 23, 2011, the USCIS announced that it received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year 2012. November 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

The USCIS had previously announced that as of October 19, 2011, it had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.

Of course, not all H-1B petitions are subject to these caps and the USCIS will continue to accept and process petitions that are exempt from the cap: applications seeking to extend the amount of time a current H-1B worker may remain in the U.S.; applications to change the terms of employment for current H-1B workers; applications to allow current H-1B workers to change employers; and applications to allow current H-1B workers to work concurrently in a second H-1B position.

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Posted In: H-1B , News

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On March 19, 2010, the USCIS announced revised filing instructions and addresses for applicants filing an I-131, the Application for Travel Document.

Beginning March 19, 2010 applicants will have to file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities.

If you file the I-131 at the wrong location, the USCIS Service Centers will forward it to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

Here is a link to the new filing locations.

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The USCIS announced on December 17, 2009 that all applications for Naturalization (Form N-400) are to be filed at new USCIS Lockbox facilities in Phoenix and Dallas and that the change in filing address takes effect immediately.

N-400 naturalization applicants who live in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennesee, Texas, Vermont, Virginia, West Virginia, Puerto Rico, or the U.S. Virgin Islands file their N-400 applications by regular mail with the USCIS Dallas Lockbox at

USCIS
P.O. Box 660060
Dallas, TX 75266

Express Mail and Courier deliveries (which I highly recommend) must send their N-400 application to:

USCIS
ATTN: N-400
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

N-400 naturalization applicants who live in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of Northern Mariana Islands file their N-400 applications by regular mail with the USCIS Phoenix Lockbox at:

USCIS
PO Box 21251
Phoenix, AZ 85036

For Express Mail and Courier deliveries the N-400 must be sent to:

USCIS
ATTN: N-400
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Posted by James M. Tyler | Permalink | Email This Post

Posted In: Citizenship and Naturalization

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I received approval on a client's L1B specialized knowledge application in 8 days. It was premium processed with the Vermont Service Center. I have never had a problem with the VSC following through on the USCIS premium process promise to act on an application within 15 days. In fact, the VSC, in my experience , usually act in less than 10 days.

Also, I just received approval on a regularly processed I-131 advance parole application in 24 days.

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H-1B employers need to be aware that June 30, 2009 will be the last day that the Department of Labor’s LCA Online system will be operational. As of July 1, 2009, all LCAs for H-1B and E-3 cases will need to be submitted through the iCERT portal and that means the end of instant LCA certifications.

This has very important implications for the timing of H-1B and E-3 applications as they relate to new hires and extensions. Employers will need to allow for delays in LCA certifications of at least 7 days rather than the instant certifications that were previously issued.

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As I reported in an earlier blog posting, I represent Superman is Dead and I was successful in obtaining their P visas for Warped Tour ’09.

The Whittier Daily News reports here on their opening show on June 26.

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As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

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The USCIS announced on June 22, 2009 that effective June 29, 2009, it is going to resume Premium Processing Service for most Form I-140, Immigrant Petition for Alien Worker.

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.

It will still NOT accept premium processing requests for Form I-140, Immigrant Petition for Alien Worker, that involve EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

This is very welcome news.

With premium processing service, the USCIS guarantees that for the $1,000 processing fee (in addition to the usual application fees), it will decide an application within 15 calendar days. If it doesn’t meet that deadline, the USCIS refunds the $1,000 fee but still continues to process the request as part of the Premium Processing Service.

I have never had a premium processed application not decided within the 15 days so the program definitely works.

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Posted In: Employment Based Immigration , News

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I am happy to report that the USCIS has approved the P-1B visa application that I filed on behalf of Superman is Dead, an Indonesian band, that will be appearing on Warped Tour ’09.

I will post again with more details about the approval in the next day or two.

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I am happy to report another successful Writ of Mandamus action that I filed on behalf of a client whose N-400 Naturalization application was delayed by the USCIS for almost 3 years.

My client filed his N-400 Naturalization application on March 1, 2006 and he had his naturalization interview on June 20, 2006. Then nothing for almost three years.

After my client tried on his own to contact the USCIS to get action on his N-400 and was told only that his N-400 was still pending, he contacted me.

I promptly filed a Writ of Mandamus on his behalf in the United States District Court for New Jersey on April 7, 2009, naming among others, Eric Holder, the Attorney General of the United States and Robert Mueller, the Director of the FBI (responsible for background checks).

Almost immediately after I served the government with the Writ of Mandamus, I was contacted by a U.S. Attorney who told me that the USCIS was going to approve the N-400.

My client’s naturalization ceremony was held on June 10th!

Writs of Mandamus work.
.

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Posted In: Citizenship and Naturalization , News

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On April 3, 2009, the Catholic Legal Immigration Network, Inc. issued a very helpful legal analysis of civil laws regarding the issuing of marriage licenses to undocumented aliens.

The report mainly concludes that anyone in the U.S. without proper immigration documentation can’t be denied a marriage license just because of their immigration
status or only because they don’t have a Social Security number.

County clerks in many states have been refusing to issue marriage licenses to undocumented immigrants because they think that an applicant for a marriage license has to have a Social Security number. But, according to the report, this is a misunderstanding of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which was enacted in 1996. But that law dealt mainly with child support issues, not marriage and immigration issues.

As of January 2009, eight state attorneys general have issued legal opinions regarding
whether a state can deny a marriage license to an applicant who does not have a Social
Security number and in every case the attorney general found that a state cannot deny a license to applicants who do not have a Social Security number.

Here is a link to the entire report.

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Acting Associate Director Donald Neufeld has issued revised guidance regarding the
I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.

Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an “Egregious Public Safety” concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.

The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.

Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:

1. The applicant has established his or her identity; and

2. It has been established that the applicant is a lawful permanent resident.

Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumably with a referral to ICE.

In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
.

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Posted In: Green Card

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