News

Here is an archive of the important immigration announcements we have provided:
Please click on the pdf links below.

DHS Secretary announces changes
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. Click to read more

USCIS Proposes Significant Enhancements to EB-5 Visa Processing to Help America Win the Future
U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century. .

Expanded FAQ's on Establishing the "Employee-Employer Relationship in H-1B Petitions
These FAQ's address how foreign entrepreneurs who are sole owners of their company may created the required employer/employee relationship.

Entrepreneurs may now quailfy for EB-2 preference category
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas say that now foreign entrepreneurs may qualify for EB-2 Preference Category. Here is their FAQ sheet addressing how this is possible.

Import / Export Control Laws
There is an important USCIS update to be aware of as it relates to the adjudication of certain employment based petitions. The new I-129 Form requires you to attest to whether or not your company is subject to export control laws and, if so, whether or not your foreign workers need a license to have access to any controlled data or technology. For more information on this new requirement, click here to read more.

VIBE - Validation Instrument for Business Enterprises
The USCIS has begun to use a new tool to aid its adjudicators in verifying information about companies or organizations petitioning to employ foreign workers. Through a system called VIBE (Validation Instrument for Business Enterprises), the USCIS will verify that the information contained on a petition is consistent with that maintained in Dun & Bradstreet (D&B). To learn more about this program or learn how to verify whether your corporate information contained in D&B remains accurate, read this article.

USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

Construction causes delay for Visa stamps in Mumbai, India
Partial Reduction in Visa Operations at U.S. Consulate, Mumbai March 3, 2011. Click this article for instructions to speed the process.

USCIS to issue single EAD and AP card
U.S. Citizenship and Immigration Services (USCIS) announced that under certain conditions they will issue a single card for Employment Authorization and Avance Parole travel.

FAQs for Single EAD and AP card
U.S. Citizenship and Immigration Services (USCIS) provides FAQs for single EAD and AP card.

2011 H-1B CAP reached 26 January 2011
U.S. Citizenship and Immigration Services (USCIS) announced 26 January that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.

USCIS Announces Final Rule Adjusting Fees for Immigration Benefits
On 23 September, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule adjusting fees for immigration applications and petitions. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The final rule will be published in the Federal Register on September 24 and the adjusted fees will go into effect on November 23, 2010.

New Consular Fees in effect as of 13 July 2010
On June 28, 2010, the Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 15 days after publication in the Federal Register.

USCIS issues directives on types of employer / employee relationships that are required for H-1B approval specifically as it relates to IT contractors.
U.S. Citizenship and Immigration Services (USCIS) issues a memo clarifiying the specific relationship that must exist between an employer and its H-1B employees. These issues are relevant to all employers but may constitute significant changes for firms that hire consultants and then place these consultants at third party sites.

FAQ's for the above referenced memo
U.S. Citizenship and Immigration Services (USCIS) issues a short list of FAQ's relating to their updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.

FY 2010 H-1B Cap reached 21 DEcember 2009
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.

Worldwide deployment of the DS-160
In an ongoing modernization of the visa application process, The Department of State (DOS) will deploy the DS-160 fully web-based nonimmigrant visa (NIV) application form worldwide. The new form is to be used for all NIVS except K’s by April 30, 2010. The DS-160 replaces the Electronic Visa Application Form (EVAF). The DS-160 application form combines all information previously collected on the DS-156, 157, and 158 for appropriate applicants, and the DS-3052.

Fall 2009 Newsletter
Our Fall 2009 Newsletter contains articles concerning relevant subjects like: Is you attorney unresponsive? How to prepare for unannounced H-1B site audits. Innovative solutions in difficult immigration times. A review of Family-based Green Cards and informative topics from the Lawyer's desk.

ISS' Practice Advisory concerning H-1B Fraud Investigations and Site Visits
The USCIS' office of Fraud Detection and National Security is conducting unannounced site visits to assess compliance with filed or approved H-1B petitions. This advisory provides general guidance regarding appropriate strategies and procedures for dealing with these visits.

USCIS launches improved website to help customers navigate the immigration system and remain up-to-date regarding their case status
USCIS launches its E-Notification initiative for immigration applications and petitions filed at one of three USCIS Lockbox facilities in Chicago, Phoenix, and Lewisville, Texas. If you file your USCIS applications and/or petitions at one of these facilities, you will have the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition.

Pending Employment-Based Form I-485 Inventory
U.S. Citizenship and Immigration Services (USCIS) posts a series of Questions and Answers regarding the excessive delays in the issuance of Permanent Resident Petition approvals (Green Cards).

E-Verify Federal Contractor Rule Effective 9 Sept 2009
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.

USCIS Announces H-1B visa still available for FY2010
U.S. Citizenship and Immigration Services (USCIS) today announced that the H-1B CAP for FY2010 is still open and they will continue to accept petitions. If you are interested in filing additional H-1B petitions call us immediately! (800-427-7313)

USCIS Announces New Requirements for Hiring H-1B Foreign Workers
U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program (TARP) or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

Premium Processing Service Expanded for Certain Form I-140 Petitions
USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status.

Fact Sheet: Premium Processing Service for Certain Form I-140 Petitions
USCIS provides a Fact Sheet for Premium Processing of certain I-140 petitions.

USCIS delays I-9 rule Change
U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification” published in the Federal Register on Dec. 17, 2008. The rule streamlines the Employment Eligibility Verification (Form I-9) process.

FBI eliminates backlog
USCIS announces that the FBI has eliminated background check backlog.

Electronic filing of DS-160
USCIS announces progress on electronic filing of some visa petitions at some Consulates.

FAQ's for new H-2B procedures
USCIS provides helpful Questions and Answers for the new procedures for H-2B Temporary Non-Agricultural Worker Program.

New streamlined Procedures for H-2B visas
USCIS Finalizes Streamlining Procedures for H-2B Temporary Non-Agricultural Worker Program.

H-2B Cap reached for second half of FY09
USCIS announces that hte Cap was reached for H-2B visas for the second half of fiscal year 2009. Here is their press release.

I-140 Premium Processing Update Bulletin
USCIS to Offer Premium Processing for Certain Form I-140 Petitions service begins June 16, 2008. Here is their press release.

I-140 Premium Processing Fact Sheet
USCIS provides a Fact Sheet for I-140 Premium Processing

H-2B Cap Hit for Spring 2008
The USCIS announces that the H-2B Cap was hit for the second half of Fiscal Year 2008.

DOL backlog eliminated
The US Department of Labor announced that permanent foreign labor certification backlog has been eliminated.

H-2B Fall Cap Hit!
The USCIS announces the final receipt date for Fall H-2B petitions is 27 September 2007.

Fall 2007 Newsletter
Latest copy of Business Immigration Review Newsletter.

FAQs on AOS filings
Important information for those individuals filing Adjustment of Status petitions before 17 August 2007 based on Visa Bulletin #107.

Information on AILF lawsuit
Important information for those individuals who desired to file AOS petitions in July 2007 but were unable to do so due to CIS and DOS confusion.

CIS suspends Premium Processing on I-140
The CIS announces a temporary suspension of Premium Processing for Form I-140 (Immigrant Petition for Alien Worker).

CIS announces Direct Filing Instructions
The CIS announces specific Direct Filing instructions as part of the Bi-Specialization initiative.

DOL announces important changes to Labor Certification process
The Department of Labor (DOL) announces an end to a company's ability to substitute workers on approved Labor Certifications. Additionally the DOL now forbids employees from paying for Labor Certification costs. See this memo for the whole story.

Advanced Degree H-1B Cap reached for FY 2008
The USCIS announces that the Advanced Degree H-1B Cap for FY 2008 was hit by 30 April 2007.

H-1B Cap reached for FY 2008
The USCIS announces that the H-1B Cap for FY 2008 was hit by 3 April 2007. The CIS will use a lottery system to select accepted cases as outlined in the enclosed procedures.

A copy of our Spring 2007 Newsletter
Here is a copy of our most recent Newsletter.

Converting Traditional Labor Certification cases to RIR
The DOL announces rules to convert Traditional Labor Certifications to Reduction in Recruitment cases.

Important H-1B issues
The CIS clarifies several very important issues relating to H-1B admission to the US.

New Passport requirements
The Departments of State and Homeland Security announce passport requirements for individuals entering the US after 22 January 2007.

H-2B Relief Enacted
Congress enacts H-2B relief for returning workers.

Fall 2006 Newsletter
A copy of Business Immigration Review - Fall 2006 edition.

FY07 H-1B Cap Reached!
The CIS announces that the FY2007 Cap was reached on 26-May-2006. Click this link for copy of the Press Release.

Spring 2006 Newsletter
A copy of Business Immigration Review - Spring 2006 edition.

H-1B 2006 CAP Reached!
The CIS announces that the FY2006 H-1B Cap was reached on 10 August 2005. Click this link for a copy of the Press Release.

50,000 more visas for Registered Nurses
Congress authorizes an additional 50,000 Green Card number for Schedule A (RN's, physical therapists and other selected medical personnel) occupations.

Congress passes significant immigration changes
Congress passes legislation that significantly affects H-2B visas, Green Cards for Registered Nurses, Visas for professionals from Australia and Driver's licenses for all alien workers.

CIS announces long awaited special rules for the additional 20,000 H-1B visas for FY2005
CIS announces the special rules that will apply to the additional 20,000 H-1B visas allotted for FY2005. Among other changes the CIS revereses its own Press Release (see below) and states the additional visas will be available only to individuals holding at least a US Master's degree.

CIS Press Release announcing implementation plans for the additional 20,000 H-1B visas
CIS makes a surprise announcement that the additional 20,000 H-1B visas will not be limited to aliens with US Master's degrees. These petitions should not be filed until the CIS publishes special regulations.

Business Immigration Review - Spring 2005
This is the Spring 2005 issue of Business Immigration Review.

H-2B Cap was reached on 3 Jan 05
USCIS announces that the FY 2005 Cap (66,000 visas) for H-2B visas was reached on 3 Jan 2005.

USCIS press release regarding H-2B cap for FY 2005
A copy of the USCIS Press Release announcing the achievement of the H-2B cap for FY 2005 on January 3rd, 2005.

New PERM regulations published
Department of Labor publishes the final PERM regulations (new procedures for Green Card Labor Certification) effective 28 March 2005.

Complete copy of new PERM regulations
Final DOL PERM regulations as published in the Federal Register on 28 Dec 2004.

EB3 Retrogressions effective 1 Jan 05
The Department of State has announced that effective 1 Jan 05 the visa numbers in the EB-3 employment category for persons born in India, mainland China and the Philippines will retrogress three years to 1 Jan 02.

University Newsletter Insert 2005
A copy of Business Immigration Review, University and College Insert - Fall 2005 edition.

Fall 2005 Newsletter
A copy of Business Immigration Review - Fall 2005 edition.

President Bush signs changes to H-1b and L-1 laws
President Bush signs changes to H-1b and L-1 laws effective 8 December 2004.

Copy of the pertinent portions of the Omnibus Appropriations Bill (H.R. 4818)
A full copy of the sections of the approved legislation relating to changes in H-1B and L-1 laws.

US Dept of Labor Issues Guidance on Labor Certification
US Department of Labor announces changes to the processing of Labor Certifications effective January 1, 2005.

H-1B Cap Reached as of Close of Business October 1, 2004
USCIS announced that it will no longer be accepting new H-1B petitions that are subject to the FY 2005 annual cap of 65,000 visas

ISS Newsletter published Fall 2004

Department of Homeland Security Publishes H-1B "Cap Gap" Notice Relating to F-1/J-1 Students
The Department of Homeland Security published a temporary rule extending the status of certain F-1 and J-1 students who have H-1B Change of Status petitions pending prior to July 30, 2004.

Department of Homeland Security Announces Limited Waiver of VisaScreen Requirment for TN Healthcare Workers
The Department of Homeland Security announced that, for certain Canadian and Mexican healthcare workers on TN nonimmigrant visas,VisaScreen will continue to be waived for an additional one-year period that will end July 26, 2005.

Department of State Announces Closing of Visa Renewal/Revalidation Facility
The Department of State announced that, effective July 17, 2004, it will no longer accept visa renewal/revalidation applications at it's St. Louis, MO receipt facility for most nonimmigrant classifications, including H-1B and L-1 nonimmigrant visas.

USCIS Announces Expanded e-Filing
The USCIS issued a Press Release announcing that it has expanded its e-filing service offerings for many common petition types.

US-VISIT to apply to Nationals of Visa Waiver Countries
The Department of Homeland Security issued a Press Release announcing its request for legislation extending the deadline for biometric passports. In conjunction with this request, DHS announced that it intends to apply the US-VISIT system of fingerprinting and photgraphing visitors to nationals of Visa Waiver countries.

H-1B Cap Reached as of Close of Business February 17, 2004
USCIS announced that it will no longer be accepting new H-1B petitions that are subject to the FY 2004 annual cap of 65,000 visas

Direct Service Center Conact to be Restored
USCIS has confirmed that it intends to restore limited direct access to Regional Service Centers

Machine Readable Passport Rule Postponed
DOS has accepted requests for postponement of the Machine Readable Passport Rule made by most affect countries until October 26, 2004.

CIS Employer Hotline A Better Solution
CIS recently initiated an 800 number specifically dedicated to customer service for employment-based petitions.

CIS Terminates Direct Telephone Access to Service Centers
Effective Monday, June 9, 2003, CIS has centralized all customer service telephone calls to an 800 number.

e-Filing available for Employment Authorization Documents and Green Card Renewals
CIS has begun to accept e-filed applications for those individuals who are applying for an Employment Authorization Document or a Green Card renewal.

PERM Regulations Delayed for New Labor Certification Process
DOL has indicated that the long awaited PERM regulations that would implement a new, streamlined Labor Certification process will be delayed until 2004.

CIS to Terminate Individual Service Center Telephone Contact
CIS announced that it will terminate the existing telephone numbers that allow individuals to contact the particular CIS Service Center that is processing their case. In it's place, CIS will maintain a national "800" number to handle inquiries.

CIS to Convert Missouri Service Center to "National Benefits Center"
CIS has announced that it intends to change the current Missouri Service Center to the National Benefits Center (NBC) in the near future and centralize all family-based immigrant visa petition filings at the NBC.

Ciudad Juarez Resumes Limited Third Country NIV Processing
The US State Department recently announced that the US Consulate located in Ciudad Juarez, Mexico will resume nonimmigrant visa process of some third-country nationals.

CIS Increases Filing Fees
Effective February 28, 2003, CIS increased petition filing fees. This increase returns the filing fees to pre-January 24, 2003 levels.

CIS Director Named
Mr. Eduardo Aguirre has been named Director of the newly formed Citizenship and Immigration Services.

CIS Reduces Filing Fees
Effective January 24, 2003, CIS reduced the filing fees of most types of petitions. On average, filing fees are now 27% lower than before. For more information on the filing fee reduction.

Five New Countries Added to Special Registration
CIS Expands the list of nations requiring special registration at local CIS offices. The most recent expansion of this list adds citizens and nationals of Bangladesh, Egypt, Indonesia, Jordan, and Kuwait who must personally appear and register between February 24, 2003 and March 28, 2003. To see the full list and learn more about this, click here.

CIS Halt on I-485 Adjudication Lifted
CIS Headquarters has advised that problems with FBI checks have been resolved, and that approvals of adjustment of status and naturalization applications are proceeding as of January 10, 2003.

Passport Reciprocity
Department of State list of countries with which the U.S. maintains Passport Reciprocity.

President Bush signs H-1B 7th year extension Law - November 2002

CIS Notification of a Change of Address

Summary 2000 H-1B Law

Work authorization for dependants of L and E visas