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Release Date 

03/30/2021

H-1B Initial Electronic Registration Selection Process Completed

[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Proposed Rules]
[Page 48177-48190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se09-16]

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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 6767]

RIN 1400-AC36

Exchange Visitor Program--General Provisions

AGENCY: United States Department of State.

ACTION: Proposed rule with request for comment.

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Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.

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 .

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. 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.

NOTE: The questions/answers below refer to the attachment. Please open the attachment and then read this article.

Q: Why is the wait so long for my employment-based green card?

Office of the Spokesman Washington, DC
September 29, 2009

Release Date 

04/01/2021

USCIS confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses.

In 2019, USCIS changed the form rejection criteria for:

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

This temporary guidance was set to expire March 31. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy an additional 60 days until May 31, 2021.

On September 29, 2009, the U.S. Department of State, Bureau of Consular Affairs, Office of Children's Issues issued an alert informing that: The  China Center of Adoption Affairs (CCAA) has announced that all prospective adoptive families will be required to work with a U.S. Hague accredited adoption service provider for both transition cases and Convention cases beginning December 1, 2009.  This will require all families to work with an agency that is both U.S.

Notice for Guatemala “hogar” adoption cases

On September 17, 2009, the State Department Issued an Alert informing of the suspension of adoptions in Sierra Leone. The Government of Sierra Leone’s Ministry of Social Welfare, Gender and Children's Affairs suspended adoptions on May 29, 2009 due to concerns on the legality of adoptions and the welfare of adoptees.&

The U.S. Department of State is cautioning American citizens against filing an application to adopt a child from Liberia while the moratorium on adoption remains in effect. The U.S. Embassy remains in frequent contact with adoption officials, but there is no indication when the moratorium might be lifted.

On September 30, 2009 the U.S. State Department issued an Adoption notice informing the following: Kenya is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).  As such, all adoptions between Kenya and the United States initiated after April 1, 2008, must meet the requirements of both the Convention and U.S.

Reference Document: STATE 057336, 06/09

TO ALL DIPLOMATIC AND CONSULAR POSTS

1.  The revised 2009 J-1 visa Exchange Visitor Skills List was published in the Federal Register (Volume 74, Number 82) on April 30, 2009.

2.  The new Skills List is effective on June 28, 2009.

Travelers wanting to participate in U.S. Customs and Border Protection’s trusted traveler program in the San Luis area will soon have the opportunity to participate in the Secure Electronic Network for Travelers Rapid Inspection program.

CBP will open a local enrollment center in the fall of 2009, followed by dedicated commuter lanes at the San Luis port of entry in late 2009. Travelers interested in participating in the program are encouraged to apply early for the new program by visiting the SENTRI Web site.

U.S. Citizenship and Immigration Services (USCIS)  reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions. Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted.

U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced that ICE is undertaking a major overhaul of the agency's immigration detention system.

"This change marks an important step in our ongoing efforts to enforce immigration laws smartly and effectively," said Department of Homeland Security Secretary Janet Napolitano. "We are improving detention center management to prioritize health, safety and uniformity among our facilities while ensuring security, efficiency and fiscal responsibility."

U. S. Citizenship and Immigration Services (USCIS) has issued instructions on making inquiries with the agency's four Service Centers. Customers, community-based organizations and liaison groups should follow this guidance when inquiring about case related issues. This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers. To get step-by-step instructions please check attachment:

U.S. Citizenship and Immigration Services (USCIS) announced today the manner in which petitioners for religious workers must notify USCIS regarding their employment of nonimmigrant religious workers in R-1 status.  The procedures are necessary to enable petitioners to comply with the notification requirements established by USCIS regulations governing the R-1 nonimmigrant classification. 

This bulletin summarizes the availability of immigrant numbers during May for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Time taken for a check to be valid after the time of arrival at the USCIS - The USCIS usually processes the fee-ing in of most of the applications within 24 hours of receipt. The bank has the option to accept or reject a fee instrument that expired at the time of its deposit. If the bank for expiry rejects the fee instrument, then the bounced check procedure is implemented and pursuant to 8 CFR 103.2(a)(7) (ii), the finance center will issue a bounced check notification.

 This bulletin summarizes the availability of immigrant numbers.

Visa Bulletin - September 2009

As of August 7, 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 has received 8,974 H-2B petitions for the first half of FY 2010. It has approved 8,183 and 791 are pending.

Procedures at NBC for I-485 applications that require an interview - NBC works as a pre-interview processing center for I-485 applications that require an interview. The center (NBC) also performs an “Initial Evidence Review’ for basic required documents like the birth certificate, I-693, I-864, proof of legal entry and for other documents. A case is “interview ready” once the application is placed under the scheduling queue as soon as NBC completes its pre interview processing steps and verifies the case.