Dec 21, 2006 -USCIS Issues Memo Clarifying H & L Periods of Admission

On December 5, 2006, the United States Citizenship and Immigration Services issued a memo providing for guidance in how to calculate the periods of admission of H and L nonimmigrants.  This memo clarifies that

  1.                   Dependants in H-4 or L-2 status do accrue time towards the total period of maximum   allowable stay in H-1B or L-1 principle status;

 2.                   H-1B nonimmigrants who request additional time beyond their 6-year maximum period of allowable stay in accordance with sections 106(a) and (c) of the American Competitiveness in the Twenty-First Century Act (“AC21”) need not be in H-1B status at the time of their request; and

 3.                   H-1B nonimmigrants who do not exhaust their total period of allowable stay of 6 years in the United States in H-1B status and then leave the United States for a year or longer now have the option of:

a.       Choosing to be “re-admitted” for the period of time left on their total H-1B stay of 6 years; OR

b.       Choosing to be admitted on the basis of a newly filed H-1B petition and having a total initial maximum period of allowable stay in H-1B status of 3 years.

We at NANKIN & VERMA PLLC commend the USCIS on issuing this memo, as the various issues addressed have been a source of uncertainty for many of our clients.  We hope that with this information in hand, people are better able to make long-term decisions for themselves and their families.

The memo can be seen here.

If you have any questions regarding this memo, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Dec 14, 2006 -Department of State’s Bureau of Consular Affairs Releases January 2007 Visa Bulletin

A new Visa Bulletin released by the Department of State’s Bureau of Consular Affairs lists the availability of immigrant numbers and current priority dates for the month of January 2007.  Monthly updates of the Visa Bulletin can be found on the website at the following link: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.  Additionally, you can request to be placed on the Department of State’s email subscription list by sending an email to listserv@calist.state.gov and typing in the body “Subscribe Visa-Bulletin First Name/Last Name.”

If you have any questions regarding the Visa Bulletin announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Dec 8, 2006 -USCIS Announces Expected Changes to the Naturalization Test for U.S. Citizenship

The USCIS is currently in the process of changing the history and civics exam as well as the English language skills test required of applicants for United States citizenship.  The new tests will be more consistent in difficulty of questions, protocol, and scoring.   USCIS consulted with the National Academy of Sciences, history and government scholars, and English as a Second Language (ESL) experts in forming the new questions.  USCIS will offer the new exams as a pilot program to volunteer Naturalization candidates to evaluate the proposed changes. 

The pilot test will consist of 144 questions and will run for several months before a final decision on the changes is made.  The test questions will often have several acceptable answers in order to encourage understanding of subjects not simply rote memorization.  A sample of questions, with answers, being considered for the new test can be found on the CIS website at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dcf5e1df53b2f010VgnVCM1000000ecd190aRCRD. 

After the pilot test is administered and evaluated, these questions will be narrowed to a 100 question final Naturalization test to be implemented in 2008.  USCIS intends to release a study guide including a civics-based vocabulary list and a collection of sentences focused on civics and history.  This study guide will be available shortly before the pilot exams begin.

 If you have any questions regarding the new USCIS Naturalization Test announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Dec 8, 2006 -USCIS Reaches H-2B Cap for First Half of Fiscal Year 2007

USCIS announced on December 5, 2006 that it has reached its H-2B cap for the first half of fiscal year 2007.  All H-2B petitions received after November 28, 2006 requesting work start dates before April 1, 2007 will be denied.  All petitions received on November 28, 2006 will go through a computer-generated random selection process to select the remaining petitions needed to meet the first half cap.  All petitions not selected through the computer-generated process will be denied.  USCIS will continue to accept H-2B petitions with employment start dates after April 1, 2007 as long as such petitions are supported by valid temporary labor certification.

USCIS will continue to process H-2B petitions for start dates prior to April 1, 2007 in the following situations:

1)       Extension of stay of current H-2B workers in the United States;

2)       Change the terms of current H-2B workers in the United States and extend their stay;

3)       Allow current H-2B workers to change employers and extend their stay; and

4)       Request eligible H-2B ‘returning workers.’

As with any legal matter, it is best to consult with an attorney to determine if a particular change in immigration procedures affects you.  If you have any questions regarding the H-2B Cap announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Nov 7, 2006 -Changes to Immigrant Visa Application Procedures in India Beginning November 15, 2006

New immigrant visa application procedures for applicants in INDIA will be implemented beginning November 15, 2006.  The new system requires that immigrant visa applicants residing in India visit their nearest VFS office between 10 and 15 working days prior to the date of their scheduled interview to submit all supporting documents requested in their Package 4 along with a courier fee of INR 365 in cash for each applicant.  The preferred location for submitting the required documents is the nearest VFS office in their Consular jurisdiction, however the Consulate will still accept them.  The courier fee still must only be paid to the nearest VFS office and the announcement indicates that failure to do this may result in loss of the interview date.

If the local VFS office is difficult for the visa applicant to reach, he/she may send a representative to deliver the required documents and the courier fee to the VFS office.  The required medicals may then be hand-carried to the scheduled interview by the applicant.  For more information about VFS services, please go to their website at: https://www.vfs-usa.co.in.

As with any legal matter, it is best to consult with an attorney to determine if a particular change in immigration procedures affects you.  If you have any questions regarding the new Immigrant Visa Application Procedures announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Nov 7, 2006 -The United States Citizenship and Immigration Services Launches a New Website

The USCIS launched a new website to improve the experience of its 135,000 daily visitors.  This new web portal makes it easier to download petitions and applications, file forms electronically, and sign up online for appointments at local district offices using InfoPass. This new portal allows visitors to use the built-in search engine to easily locate needed information.  It also lets visitors find answers to their immigration questions through the interactive “How Do I…?” page.  The main CIS website can be found at http://www.uscis.gov.

The following is a list of most frequently requested pages with their new website links:

1. Listing of Applications & Petitions:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

2. Services & Benefits Main Page:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=54519c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD

3. Information about Permanent Residency and “Green Cards”:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

4. Welcome to the United States: A Guide for New Immigrants:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2b1e89390b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=f2b1e89390b5d010VgnVCM10000048f3d6a1RCRD

5. Information about Applying for U.S. Citizenship (Naturalization):

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=96719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

 If you have any questions regarding the new USCIS Website announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Nov 7, 2006 -Promising Trend in Backlog Processing Centers

The Department of Labor appears to be making progress towards its current goal of eliminating the backlog problem by September of 2007.  While it is too early to predict completion by that date, immigration attorneys have begun receiving an increasing number of decisions regarding Labor Certification cases since the end of September.  These approvals come from petitions filed from several different states and over many different priority dates. 

Please keep in mind that it is difficult to predict which cases will be adjudicated next based on their priority dates and that applicants must remain patient as the process continues.  However, for applicants who have petitions pending, the larger number of case decisions suggests increased case review by the DOL and hopefully indicates progress on eliminating the backlog of pending petitions.  If you have a current petition pending with the DOL, you can check its status using your Case Number at the following web address: http://pds.pbls.doleta.gov/.  The website provides explanations of the key terms used to describe your case below the generated result.

Should you notice anything unusual in the status of your case online, please contact the legal professional assigned to your case or your employer.  If you have any questions regarding the Promising Trend in Backlog Processing Centers announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

Nov 7, 2006 -USCIS Announces Realignment of Regional, District and Field Offices

On November 3, 2006, the United States Citizenship and Immigration Services announced the formation of a new Regional office, the creation of two additional District offices, and outlined comprehensive realignment for its Regional, District, and Field offices.  This realignment is intended to streamline interview appointment requests and direct customers to the correct Region or District for their questions.

As part of this realignment, USCIS will establish a new Southeast Regional office in Orlando, Florida. This office will be responsible for managing all District and field offices in the southeastern region of the United States.  Additionally, USCIS is also adding two new District field offices in Sacramento, California and Tampa, Florida.  The Sacramento District will join the other Districts serving California, while in Florida the northern District will be based in Tampa and the southern District will be based in Miami.  These additional offices will improve customer service in these states and regions.

 The realignment changes the command structure for managing the USCIS field offices.  Each field office will be managed by a field office director reporting to a district director.  Previously, the district director performed both roles.  This realignment should help to improve efficiency of management for all offices within a District.  To further improve the ability of the district director to oversee their Districts, the overall number of District offices will be reduced from 33 to 26.  This new figure includes the two new District offices created as part of the realignment.  USCIS hopes to use its realignment plan to improve its mission performance and increase customer service delivery.

For a complete list of current USCIS District and Field Offices, please visit:  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=52a46c854523d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1RCRD. 

 You can search for offices by an alphabetical menu for state names.  The new USCIS Regional Office structure will include the four offices below:

1. Northeast Region: Burlington, Vermont, which will manage Districts 1 through 7;

2. Southeast Region: The new office in Orlando, Florida, which will manage Districts 8 through 11. While this regional office is being established, the Northeast Region will provide support;

3. Central Region: Dallas, Texas, which will manage Districts 12 through 19; and

4. Western Region: Laguna Niguel, California, which will manage Districts 20 through 26.

As with any legal matter, it is best to consult with an attorney to determine if the changes in immigration offices affect you.  If you have any questions regarding the USCIS Realignment of Regional, District, and Field Offices announcement, or any other immigration concern, please feel free to call NANKIN & VERMA PLLC at (240) 456-0000.

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