New I-9 Form Released

USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Employers should start using the revised form (it has Rev. 06/16/08 in the bottom right corner) effective immediately because USCIS will no longer accept older versions. Please read the full article on more information on the new Form I-9.

Travel Abroad on Advance Parole and Switching Employers

A very frequent two-part question we receive from current and prospective clients who are expecting visa number and have used AC21 to switch employers and are no longer with the original employer who sponsored their green card is 1) whether they can travel abroad using advance parole (AP) document issued by the former employer and 2) what should they respond, upon return, when questioned by a border agent about their employment situation. Please read the full article for more details.

PERM Fiscal Year 2008 Statistics

The Department of Labor’s Office of Foreign Labor Certification has released its October 2007 - May 2008 statistics on PERM processing. It is interesting to note that 44% of the active (pending) PERM cases were in “Audit” stage, most likely in connection with the recent decision to audit all PERM applications filed by a major immigration law firm. Please read the full post for more details on DOL’s PERM processing statistics.

New Medical Exam Form I-693 Goes Into Effect

The USCIS has released a modified version of Form I-693, Report of Medical Examination and Vaccination Record. The most recent form is dated June 5, 2008 and previous editions will be accepted only until July 14, 2008. Please read the full article for details on the new Form I-693.

GAO: Visa Waiver Pre-Registration Program Will Cause Backlogs

The Government Accountability Office (GAO) has commented on the program announced recently by USCIS which aims to pre-register all travelers to the U.S. coming from Visa Waiver Program (VWP) countries. We wrote extensively about the program earlier in June.

Under the new program, which is optional until January, when it becomes mandatory for all of VWP travelers from 27 countries, all travelers to the U.S. must pre-register before traveling to the U.S. through an online system by entering personal information such as passport number, intended dates of travel, etc. If the system rejects the pre-registration, the traveler must apply for a visa at the U.S. consulate. Please read the rest of the article on details about the anticipated visa processing backlogs.

The “A Number” Explained

We have all heard or seen references to the “A Number.” Many USCIS forms ask for it, and many of our clients have asked us, “What exactly is the ‘A Number’?” The “A Number” stands for Alien Registration Number. It is a number that starts with an “A” followed by eight-digits. Not all foreign nationals have an A Number. Most people get A Number when they apply for adjustment of status, seek employment authorization document (EAD), apply for a V visa or are subject to deportation proceedings. Please read the full article for more details on the A Number.

USCIS Expedited Processing Criteria

USCIS has released a guidance on the criteria it uses to grant or reject a request for expedited processing (such as for Re-entry permit, etc.). All expedited processing requests are reviewed on a case-by-case basis. Please read the full post for details on USCIS’s expedited processing criteria.

2-Year EAD Update

USCIS has released more information about the scope of the new rule which allows USCIS to issue 2-year EADs. The rule becomes effective on June 30, 2008 and after this date, USCIS will issue 2-year EADs only to individuals who have filed petitions to become a lawful permanent resident (LPR) using Form I-485 and have requested an EAD but are unable to become LPR because a visa number is not currently available. Upon renewal of EAD, USCIS will look at the visa bulletin and issue a 2-year replacement EAD only if a visa number is not currently available for the petitioner. Please read the full article for more details regarding this new rule.

Limited I-140 Premium Processing Resumes on June 16

We wrote earlier today about the pending announcement that USCIS is restoring the possibility of filing I-140 via premium processing.  As we discussed earlier, the premium processing is limited to workers who are nearing the end of their sixth year in H-1B nonimmigrant status.
The premium processing procedure will guarantee 15 calendar-day response by USCIS for […]

I-140 Premium Processing to Resume in Limited Circumstances

BREAKING NEWS
The USCIS has confirmed that on July 16, 2008, it will resume premium processing for I-140s in certain limited circumstances. It is expected that these limited circumstances will cover cases where beneficiaries whose H status will expire within 60 days of filing the request and who need I-140 approval to become eligible for […]