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U.S. Citizenship and Immigration Services (USCIS) announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.

I-485 pending cases and procedure to expedite the name check

In cases where I-485 cases are still pending for FBI background checks and if the checks have been pending more than 180 days then there is a procedure to expedite the name check. Contacting the NSC’s congressional liaison and advising them when the name check is cleared will help unless there are no other reasons why the case is being held as sometimes the cases are held back for other security processing.

USCIS announced that individuals with a pending Form I-360 religious worker petition with USCIS, may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009). To see the USCIS notice and the court issued notice in Ruiz-Diaz v. US, No. C07-1881RSL, see attachment.

As ofJune 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. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS announced that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) currently on the USCIS website will continue to be valid for use beyond June 30, 2009.

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.

 The Department has released FAQs for H-2Bs in the entertainment industry.

ICE updated its list of Student and Exchange Visitor Program approved schools on 29th June 2009.

USCIS offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad.

As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS announced that the Department of Homeland Security will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.

U.S. Citizenship and Immigration Services (USCIS) announced that, effective today, it will resume Premium Processing Service for nonimmigrant religious worker petitions filed by certain R-1 petitioners.  Only those petitioners who have successfully passed an on-site inspection are eligible to file under Premium Processing Service.

Administrative Appeals Office is an office within USCIS that decides appeals from denials of various petitions by USCIS such as H-1, L-1, I-140 etc.

AAO Processing Times

As ofJuly 24, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

As I had said in our last community conference call, our office inquired. A USCIS officer advised not to submit medicals without an RFE. He said wait for the RFE or bring them to the interview. 

AAO Processing Times  as of October 01, 2009.

USCIS memo provides guidance to USCIS Immigration Services Officers (ISOs) on the adjudication of 1-751 petitions filed by a conditional permanent resident (CPR) who is the subject of a final order of removal, is in removal proceedings, has filed untimely, or has filed multiple petitions.

ICE released the 2009 ICE Secure Communities Standard Operating Procedures document for Secure Communities, an initiative making the removal of aliens convicted of serious criminal offenses from the US a priority.  This document describes processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.

U.S. Citizenship and Immigration Services (USCIS)  posted an informational video on its Web site that provides an overview of the agency’s Systematic Alien Verification for Entitlements (SAVE) program.

H1B count Update

 Effective December 21, 2009, the Nursing Relief for Disadvantaged Areas Reauthorization Act will sunset. The Nursing Relief for Disadvantage Areas Act (NRDAA) established the H-1C Program in 1999 to reduce the shortage of qualified nurses in health professional shortage areas. The Program was reauthorized until December 20, 2009 under the Nursing Relief for Disadvantage Areas Reauthorization Act of 2005 which became effective in December 20, 2006.