USCIS Q & A on Petition Filing and Processing for Form I-140
January 22, 2010
USCIS issued a questions and answers list on petition filing and processing procedures for Form I-140, Immigrant Petition for Alien Worker. Topics include requests to change employers under INA 204(j) and successor-in-interest (SII) relationship determination. We have posted this FAQ under USCIS Memos and Recent Immigration News section on our website in PDF files.
USCIS Service Centers Processing Time Reports
January 20, 2010
The U.S. Citizenship and Immigration Services (USCIS) issued Processing Time Reports for California, Vermont, Nebraska, Texas and National Benefits Centers. The USCIS generally provides monthly updates to give its customers accurate information about current processing times and service level commitments. We have posted these reports under USCIS Processing Times & Recent Immigration News section on our website in PDF files.
USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements
January 13, 2010
Donald Neufeld, USCIS Associate Director of Service Center Operations, provides recent guidance (01/08/2010) in the context of H-1B-petitions, on the requirement that a petitioner establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. While some third-party placement arrangements meet the employer-employee relationship criteria, there are instances where the employer and beneficiary do not maintain such a relationship. Petitioner control over the beneficiary must be established when the beneficiary is placed into another employer's business, and expected to become a part of that businesses regular operations.
USCIS Announces Realignment of Organizational Structure
January 12, 2010
On 1/11/10, USCIS announced the realignment of its organizational structure. Key changes are creation of a Fraud Detection and National Security Directorate, creation of a Customer Service Directorate, and division of the Domestic Operations Directorate into two directorates. The new USCIS Organizational Chart follows this statement. The creation of a Fraud Detection, and National Security Directorate. This change reflects the prioritization of anti-fraud and national security responsibilities and will bring greater focus to them. The creation of a new Customer Service Directorate. This change reflects the prioritization of customer service and recognizes the significant efforts that will be needed to ensure that we are at the cutting edge of service modeling. The division of the existing Domestic Operations Directorate into two separate directorates, Service Center Operations and Field Operations. This change will foster greater innovation and achieve greater efficiency in our delivery of immigration services.
Department of State Releases February 2010 Visa Bulletin
January 10, 2010
The U.S. State Department released the February 2010 Visa Bulletin on January 10, 2010. Visa Dates are announced by the U.S. Department of State every month. This bulletin summarizes the availability of immigrant numbers during February 2010. India and China’s priority dates for EB-2 category continue to move very slowly. EB-3 Categories see slight movement as well progressing in each of the countries of chargeability. For more information on this and other news be sure to subscribe to our newsletter at GLC Newsletter. Pursuant to INA § 245(a)(3), aliens with priority dates prior to the cut-off dates shown on the Visa Bulletin will be eligible to file adjustment of status applications during the month of February 2010. We at GLC post these dates for your convenience on our website under Visa Bulletin as soon as they become available from U.S. Department of State.
USCIS Issues Q & A on Vaccination Requirements
January 6, 2010
USCIS issued a list of questions and answers to provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements. CDC publishes information about vaccinations in general at http://www.cdc.gov/vaccines. CDC also publishes information about the vaccine requirements for immigration purposes at http://www.cdc.gov/ncidod/dq/civil.htm. Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status as a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases: Mumps Measles Rubella Polio Tetanus and Diphtheria Toxoids Pertussis Influenza Type B Hepatitis B. Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.
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