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Recent Immigration News



Current Year | 2007


July, 2008



07/02/2008USCIS Ombudsman Report for 2008 Released A lengthy report from the US Citizenship and Immigration Service (USCIS) released Report for 2008. The Report specifically discusses the backlog of FBI name checks and the large number of immigration applications filed in 2007. more

07/02/2008USCIS Launches FOIA Request Status Check U.S. Citizenship and Immigration Services (USCIS) launched the online FOIA Request Status Check service, which provides a quick and secure way to check the status of Freedom of Information Act (FOIA) requests. An immediate response may be obtained online by entering the assigned control number into the FOIA Request Status Check. more


June, 2008



06/23/2008DOL Selected Statistics on PERM Processing (06/08) This DOL Fact Sheet offers selected statistics on PERM processing between October 2007 and May 2008. more

06/20/2008Q & As from CIS Ombudsman's Teleconference (2/20/08) The CIS Ombudsman’s office added the Q & A from the 2/20/08 teleconference to its website. They cover InfoPass appointments in NY, naturalization applications, name checks, processing times, notifying the G-28 attorney, F-1 to H-1B and more. more

06/18/2008USCIS to Permanently Close Office in Tijuana On 6/18/08 USCIS announced that it will permanently close its office in Tijuana. It will cease accepting applications in a few days. more

06/18/2008USCIS to Permanently Close Office in Tijuana On 6/18/08 USCIS announced that it will permanently close its office in Tijuana. It will cease accepting applications in a few days. more

06/18/2008Vermont Service Center Processing Time Report (6/15/08) VSC Processing Time Report (6/15/08). more

06/18/2008Texas Service Center Processing Time Report (6/15/08) TSC Processing Time Report (6/15/08). more

06/18/2008Nebraska Service Center Processing Time Report (6/15/08) NSC Processing Time Report (6/15/08). more

06/18/2008National Benefits Center Processing Time Report (6/15/08) NSC Processing Time Report (6/15/08). more

06/18/2008California Service Center Processing Time Report (6/15/08) CSC Processing Time Report (6/15/08). more

06/18/2008DHS Signs Interim Declaration with Goal of Adding Bulgaria to VWP DHS announced that Secretary Chertoff signed an interim declaration with Bulgarian Foreign Minister Ivailo Kalfin. The declaration outlines security enhancement requirements for Bulgaria to become a Visa Waiver Program (VWP) member. Remarks follow the announcement. more

06/17/2008Q & As on E-Verify Program Administration and the Memorandum of Understanding (6/16/08) DHS answers questions, drafted by AILA Member Josie Gonzalez, on E-Verify program administration and the Memorandum of Understanding. For in-depth coverage of E-Verify issues, come to the Interagency Panel on No-Match Regulation at the Annual Conference on Thursday at 3:30. more

06/17/2008USCIS Announces Approval of Settlement Agreement in NWIRP Legalization Class Action Suit On 6/16/08 USCIS announced that the Western District Court of Washington granted preliminary approval of the settlement agreement in the Northwest Immigrant Rights Project (NWIRP) legalization class action suit against USCIS. more

06/13/2008USCIS Announcement on 2-Year EADs: Limited in Scope A USCIS Update and fact sheet, regarding a recent announcement by Secy Chertoff that USCIS would start issuing 2-year work authorizations, make clear that the expanded EADs apply only to adjustment applicants with visa numbers not current. Fact sheet follows the update. more

06/13/2008DOL Issues Program Guidance Bulletin on Role of Counsel in Labor Certification Program Guidance Bulletin on the "Clarification of Scope of Consideration" with respect to the role of counsel in the labor certification process. more

06/12/2008USCIS Announcement on 2-Year EADs: Limited in Scope A USCIS Update and fact sheet, regarding a recent announcement by Secy Chertoff that USCIS would start issuing 2-year work authorizations, make clear that the expanded EADs apply only to adjustment applicants with visa numbers not current. Fact sheet follows the update. more

06/12/2008Stakeholder/USCIS Q & As (5/27/08) The Q & A address the FBI name check backlog & N-400s, N-648s, CSPA, F-2As, multi-year EADs, correcting a “green card” error while abroad, biometrics fees for refugee I-485 applicants, the need for biometrics if a child turns 14 while a case is pending, needed documentation for refugee I-485s, Iraqi/Afghan SIVs, E-Verify and more. more

06/12/2008ICE Releases SEVIS II Brochure ICE released a brochure describing the SEVIS II system and explaining how it is different from the original SEVIS program. more

06/11/2008USCIS to Resume Premium Processing for I-140s A 6/11/08 USCIS Update announces that USCIS will resume premium processing for I-140s starting in mid-June. A Fact Sheet follows the Update. more

06/10/2008DOS Releases July 2008 Visa Bulletin DOS released the Visa Bulletin for July 2008. more

06/10/2008Chertoff Announces 2-Year EADs in State of Immigration Address On 6/9/08 Homeland Security Secretary Chertoff and Commerce Secretary Gutierrez gave an address on the “State of Immigration.” Embedded in the statement is the announcement that USCIS will begin issuing 2-year EADs to individuals with a pending adjustment of status application. more

06/10/2008DHS Announces All Federal Contractors Must Use E-Verify On 6/9/08 DHS announced that all federal contractors must use E-Verify as required by Executive Order 12989. more

06/09/2008AAO Finds Exceptional Hardship for U.S. Citizen Children In a non-precedent decision, AAO sustain appeal of denied 212(e) waiver application, finding that the applicant’s 3 U.S. citizen children would suffer exceptional hardship if their mother were to return to the Philippines alone, or if they were to relocate with her. Decision courtesy of Amy Novick. more

06/09/2008DOJ OIG Report on FBI Name Check Delays DOJ’s Office of Inspector General (OIG) released a June 2008 report regarding the FBI name check delays for immigration applications and petitions. The audit report concludes that the process is “inefficient and untimely.” more

06/09/2008DHS Announces Improvements in Customer Service for Travelers On 6/6/08 DHS announced new customer service initiatives for travelers, including the Global Entry Program and the Passenger Service Program, where CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. In addition the Model Ports Initiative is expanding to include 18 more airports. more

06/09/2008Executive Order Restricts Federal Government Contracts to E-Verify Employers On 6/9/08 the White House released an Executive Order, amending Executive Order 12989, to state that contracting agencies may not enter into contracts with employers that do not use an electronic employment eligibility verification system designated by the Secretary of Homeland Security. more

06/09/2008CBP Releases Travel Tips for Busy Summer Season On 6/9/08 CBP released a reminder of travel document requirements at U.S. port-of-entry. more

06/06/2008USCIS Centralizes Naturalization Application Processing On 6/5/08 USCIS released an Update announcing the centralization of naturalization application processing. The administrative change will not change where applicants file their N-400 applications. more

06/05/2008USCIS to Revise Language on I-751 Transfer Notices On 6/5/08 USCIS announced that it will revise language on transfer notices received by petitioners who filed an I-751, as the current notice includes language that may cause petitioners to believe their cases have been approved. more

06/05/2008Neufeld AC21 Memo A 5/30/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides supplemental guidance on the processing of I-140s and H-1Bs under AC21. more

06/04/2008Stakeholder/USCIS Q & As 4/29/08 (Updated 5/30/08) USCIS revised the answer to question #7 of the Q & As from the 4/29/08 Stakeholder meeting. The revised answer pertains to fee waivers and Form I-131. more

06/04/2008USCIS Q & As on Kaplan Settlement Agreement On 6/3/08 USCIS released Q & As regarding the Kaplan settlement agreement, which provides for expedited processing of stalled naturalization and adjustment of status applications for individuals who lost, or are at risk of loosing, SSI benefits. more

06/04/2008Port-of-Entry to Reopen in Washington State CBP announced that the Boundary port-of-entry in Washington state will reopen on June 9, 2008 at 9 am. more

06/03/2008AAO Finds 3 + 1 Degree Equivalency for EB-3 Indian Science Teacher ) In a non-precedent decision, AAO holds that an Indian one-year Bachelor of Education following a three-year Indian BS or BA degree is the foreign academic equivalent of a US bachelor's degree. Decision courtesy of Bruce Allen. more

06/02/2008USCIS Naturalizes First Military Spouse Overseas On 5/29/08 USCIS held the first overseas naturalization ceremony for a military spouse. The National Defense Authorization Act of 2008 amended portions of INA to allow certain spouses of members of the military to naturalize overseas where they are stationed. more

06/02/2008CBP to Issue New SENTRI Cards CBP announced that it will issue new cards for current Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program members. Members must activate their cards within 30 days. more

06/02/2008USCIS Update on Lockbox Change of Address On 5/30/08 USCIS issued an update regarding a change of address for the Chicago Lockbox. more


May, 2008



05/29/2008US-VISIT Update Announces Public Hearing on Biometric Exit Procedures A 5/29/08 US-VISIT Update announces an upcoming public hearing regarding a proposed rule to establish biometric procedures for international travelers at U.S. airports and sea ports. The meeting is scheduled for 6/13/08. more

05/29/2008No Bonafide Job Opportunity Exists if Some Drivers to Remain Unsalaried BALCA upholds denial in RIR case. Employer failed to establish that the 196 applications for limo drivers represented bona fide job opportunities open to U.S. workers, as the rest of its 254 drivers work on a contract basis. more

05/28/2008USCIS Update on Filing Revised Edition of Form I-821 On 5/28/08 USCIS released an update on filing the revised edition of Form I-821, Application for Temporary Protected Status. more

05/27/2008USCIS Releases Supplemental Q & As on OPT Extension for STEM Students USCIS posted supplemental Q & As to its website regarding the 4/4/08 interim final rule extending optional practical training (OPT) for qualified F-1 nonimmigrant students. more

05/23/2008DOL ETA News Release on Proposed Changes to the H-2B Application Process In a 5/22/08 News Release, the DOL’s Employment and Training Administration summarized the proposed changes to the H-2B visa application process. more

05/23/2008USCIS to Revise Filing Instructions for Form I-751 TSC Processing Time Report (5/15/08). more

05/22/2008Vermont Service Center Processing Time Report (5/15/08) On 5/23/08 USCIS announced that it will be revising filing instructions for Form I-751, Petition to Remove Conditions on Residence, to require filing at the CSC or VSC. more

05/22/2008Texas Service Center Processing Time Report (5/15/08) TSC Processing Time Report (5/15/08). more

05/22/2008Nebraska Service Center Processing Time Report (5/15/08) NSC Processing Time Report (5/15/08). more

05/22/2008National Benefits Center Processing Time Report (5/15/08) NBC Processing Time Report (5/15/08). more

05/22/2008California Service Center Processing Time Report (5/15/08) CSC Processing Time Report (5/15/08). more

05/22/2008CBP Releases Global Entry Program Information Guide CBP released an information guide on the Global Entry program that details the application and enrollment process. more

05/22/2008CBP to Provide Wait Times for Major Pedestrian Border Crossings On 5/21/08 CBP announced that the CBP website now includes pedestrian wait times at 12 land border crossings. more

05/22/2008NLRB Judge Dismisses Complaints on Employer Changes in No-Match Policy An NLRB judge, stating that the company had a duty to follow up on no-match letters even before the recent DHS rulemaking, dismisses complaints that employer violated the National Labor Relations Act by refusing to bargain about a more restrictive no-match letter policy. Unite Here Local 26 v. ARAMARK, 1-CA-43486, 657, 658 (NLRB 5/13/08). more

05/21/2008USCIS Releases Updated Fact Sheet on Naturalization through Military Service (5/08) On 5/19/08 USCIS released an updated Fact Sheet on naturalization through military service. It provides guidance on necessary qualifications, as well as, updated statistics on service member naturalizations. more

05/21/2008USCIS Fact Sheet on Iraqi Refugee Processing A 5/16/08 USCIS Fact Sheet on the processing of Iraqi refugees describes the resettlement process and eligibility determination, and also provides information for Iraqis who wish to apply for asylum. more

05/19/2008AAO Notes that Documents Need a Certified Translation to be Probative AAO upholds denial of an immigrant visa petition for classification as a scientist and business development manager of extraordinary ability. It noted that a 17-year-old award fails to show sustained acclaim, that documents need a certified translation, and that a patent must be accompanied by evidence of its contribution to the field. more

05/19/2008BALCA Finds Employer’s Request of Additional Documents Has “Chilling Effect” on U.S. Applicants BALCA affirms the denial of a traditional labor certification application because the employer did not exercise good faith recruitment, and failed to document lawful job-related reasons for rejecting U.S. applicants. Matter of Gaynor Gardens Homes, Inc., 2007-INA-00269 (3/24/2008). more

05/14/2008Corporate Banker Fails to Meet Extraordinary Ability Criteria, Comparable Evidence is Precluded AAO upholds denial of EB-11 petition in corporate banking marketing and cross-selling. The beneficiary did not meet any of the ten criteria at 8 C.F.R. §204.5(h)(3). Finds comparable evidence, allowed under 8 C.F.R. §204.5(h)(4), is precluded because there is no indication that the ten criteria do not readily apply to the beneficiary’s occupation. more

05/13/2008CBP Begins Accepting Applications for the Global Entry Pilot Program On 5/12/08 CBP announced that it began processing applications for the Global Entry pilot program designed to expedite the processing of low-risk, frequent international travelers entering the United States. The program will be instituted at JFK in New York, George Bush Intercontinental in Houston, and Dulles in Washington D.C. more

05/12/2008Visa Bulletin for June 2008more

05/07/2008CBP Memo: Enforcement Activities at Schools and Places of Worship These two legacy border patrol memorandums relate to enforcement activities in schools, places of worship, funerals, and other religious ceremonies. more

05/06/2008USCIS Announces Proposed Rule to Extend Maximum Stay for TN Visa Holders On May 6, 2008, USCIS announced a notice for proposed rulemaking that would allow TN visa holders to remain in the United States for a maximum of three years before requiring an extension of stay. Additionally the proposal would allow individuals to request extensions for up to three years, as opposed the current one year. more

05/06/2008USCIS Fact Sheet on Updated CSPA Guidance A 5/6/08 USCIS Fact Sheet on the applicability of the Child Status Protection Act (CSPA) summarizes eligibility requirements for coverage under the CSPA. more

05/06/2008USCIS Update Announces Revised Guidance on CSPA A 5/6/08 USCIS Update announced the issuance of revised guidance, modifying its earlier interpretation of the Child Status Protection Act (CSPA), by extending coverage to foreign nationals with an approved visa petition, but without a pending adjustment application on the date of the CSPA's enactment. more

05/06/2008Neufeld Memo Revises Guidance on CSPA A 4/30/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, revises Chapter 21.2(e) of the Adjudicator’s Field Manual (AFM) regarding the Child Status Protection Act. more

05/06/2008Stakeholder/USCIS Q & As (4/29/08) The Q & As address Cuban parolee EAD and biometrics; N-400 processing times; expedited N-400 processing; expiring green cards while N-400 pending; I-751 filing procedures; I-290B filing fees; I-485 fee waivers for individuals in removal proceedings; I-673 medical exams for derivative asylees; reviving an approved I-730; and more. more

05/05/2008E-Verify System to Integrate Naturalization and Border Inspection Data On 5/5/08 USCIS announced that the E-Verify system will integrate naturalization data, to confirm the citizenship status of naturalized U.S. citizens, as well as, real time arrival data from the Integrated Border Inspection System. more

05/05/2008USCIS Update on Kaplan Settlement A 5/6/08 USCIS Update announced that a settlement was reached in Kaplan v. Chertoff, providing for the expedited processing of stalled naturalization applications for individuals at risk of losing SSI benefits. more

05/02/2008USCIS Approves Los Angeles Film Regional Center for EB5 Pilot Program USCIS recently approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program. more

05/02/2008USCIS Approves Southeast Los Angeles Regional Center for EB5 Pilot Program USCIS Approves Southeast Los Angeles Regional Center for EB5 Pilot Program. more


April, 2008



04/30/2008USCIS' Role in the Visa Process

04/29/2008USCIS Update on Revised Form I-693 USCIS announced that it has revised Form I-693, Report of Medical Examination and Vaccination Record, because of changes to the TB component of the CDC’s Technical Instructions for Civil Surgeons. This revised form (edition date 04/02/08) must be used for any medical examination completed on or after May 1, 2008. more

04/29/2008DHS Announces Aviation Security & Travel Screening Changes A 4/28/08 DHS press release announced that airlines will be able to systematically verify and store a passenger’s date of birth to clear up watch list misidentifications, enabling more passengers to check in remotely. DHS Secretary Chertoff’s remarks follow the press release. more

04/25/2008USCIS Modifies EAD Form Following OPT Interim Final RuleA 4/24/08 USCIS Update announced a revision of Form I-765, Application for Employment Authorization, to include additional eligibility codes. more

04/23/2008Administrative Appeals Office Processing Time Report (4/23/08)AAO processing times as of 4/23/08. more

04/23/2008DHS 2007 Immigration Statistics on LPRsA DHS report on legal permanent resident recipients in 2007 includes a table comparing 2005-2007 data, broken down by preference category, as well as, one reflecting country of birth data. more

04/22/2008DHS Proposes Rule to Have Airlines, Commercial Vessels Collect Biometrics from Foreign Nationals Upon ExitDHS announced a proposed rule that would have commercial airline and vessel carriers collect biometrics from foreign nationals subject to US-VISIT requirements upon their exit. more

04/22/2008USCIS Update on N-400 Processing Times at Local OfficesOn 4/22/08 USCIS released an Update listing projected processing times at local offices for naturalization applications. more

04/21/2008Vermont Service Center Processing Time Report (4/15/08)VSC Processing Time Report (4/15/08). more

04/21/2008Texas Service Center Processing Time Report (4/15/08)TSC Processing Time Report (4/15/08). more

04/21/2008Nebraska Service Center Processing Time Report (4/15/08)NSC Processing Time Report (4/15/08). more

04/21/2008National Benefits Center Processing Time Report (4/15/08)NBC Processing Time Report (4/15/08). more

04/21/2008California Service Center Processing Time Report (4/15/08)CSC Processing Time Report (4/15/08). more

04/18/2008DHS Signs Visa Waiver Agreement with KoreaOn 4/18/08 DHS announced that Secretary Chertoff signed a Visa Waiver Program Memoranda of Understanding (MOU) with the Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. more

04/18/2008USCIS Update on Change of Status Cap-Gap FixOn 4/18/08 USCIS released an Update regarding the opportunity for F-1 students to request a change of status. more

04/18/2008ICE FAQs on Student and Exchange Visitor Visa ProgramICE FAQs on the proposed fee increase to the Student and Exchange Visitor Program (SEVP). more

04/14/2008USCIS Runs Random Selection Lottery on Monday, April 14, 2008 more

04/14/2008AAO Sustains Appeal of H-1B Petition for Self-Employed Beneficiary of Start-Upmore

04/14/2008ICE Proposes to Raise SEVIS FeesOn 4/11/08 ICE announced that it has enhanced the Student and Exchange Visitor Program and is proposing to raise fees.more

04/11/2008Visa Bulletin for May 2008 DOS released the Visa Bulletin for May 2008. Section D addresses possible retrogression in the F-2A category. Section E notes that employment-based visa cut-off dates may be adjusted in the final quarter of FY 2008.more

04/10/2008USCIS Releases Preliminary Number of FY2009 H-1B Cap Filingsmore

04/10/2008USCIS Q & A for Extension of OPT for Qualified Studentsmore

04/09/2008Social Insecurity: SSA Not Ready to Take on Immigration Enforcement The SAVE Act relies on DHS' electronic employment verification system called "E-Verify." The system is fraught with errors and mandatory participation in the program will overload the SSA and adversely affect millions of U.S. citizens.  more

04/08/2008USCIS Announces FY2009 H-1B Caps Reached USCIS Update April 8, 2008, reports on FY2009 H-1B cap filings.  more

04/07/2008Secretary Chertoff Holds Q & A Session with Bloggers At a 4/2/08 roundtable, DHS Secretary Chertoff answered questions on the border fence, REAL ID, comprehensive immigration reform, DHS’s role in international affairs, no-match letters and more.  more

04/07/2008USCIS Guidance on the E-Verify Manual Registration Process for State Workforce Agencies USCIS guidance on the E-Verify registration process for State Workforce Agencies.  more

04/07/2008DHS/SSA/SWA Memorandum of Understanding Regarding E-Verify A Memorandum of Understanding between the Department of Homeland Security, the Social Security Administration and State Employment Agencies, regarding a State Employment Agency’s participation in E-Verify.  more

04/04/2008DHS Announces Interim Final Rule Extending OPT A 4/4/08 DHS Press Release announced an interim final rule extending the period of Optional Practical Training (OPT) for qualified F-1 nonimmigrant students.  more

04/03/2008DOL Round 1 FAQs on National Processing Center Specialization On 4/3/08 DOL released Round 1 FAQs on National Processing Center (NPC) specialization. Effective 6/1/08 application filings will be centralized, with PERM applications and temporary applications to be handled by different NPCs. The FAQs address PERM Notices of Filing, Requests for Reconsideration/Appeals, and Responses to Audit Letters.  more

04/03/2008DHS Announces that All 50 States Have Been Granted REAL ID Deadline Extensions On 4/2/08 DHS announced that the department has granted REAL ID extensions to all 56 jurisdictions, ensuring that driver’s licenses and ID cards across the country will continue to be acceptable for official federal purposes following the 5/11/08 deadline.  more

04/02/2008USCIS Now Projects Shorter Naturalization Application Processing Times A 4/2/08 USCIS News Release announced that the agency is now projecting a shorter average processing time for naturalization applications than it was six months ago.  more

04/02/2008DOL Round 2 FAQs on the “Substitutions Plus” Final Rule On 3/31/08 DOL released Round 2 FAQs on the 5/17/07 final rule on labor certifications, attorney’s fees and other matters.  more

04/02/2008USCIS News Release Announces Plan to Eliminate FBI Name Check Backlog A 4/2/08 USCIS News Release announced a USCIS/FBI joint plan to eliminate the backlog of name checks pending with the FBI.  more

04/02/2008DOS Releases March 2008 Cable on Students and Exchange Visitors In March 2008 DOS sent an annual update on student and exchange visitor visa issues to consular posts.  more

04/02/2008Aytes Memo Revises AFM Regarding U Visas A 3/26/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 39 of the Adjudicator’s Field Manual, establishing the requirements and procedures for foreign nationals seeking U nonimmigrant status.  more

04/02/2008Stakeholder/USCIS Q & As (3/25/2008) The Q & As address I-589 nunc pro tunc application filing procedures, adjustment applications and material support, repeat requests for fingerprints, filing fees for adjustment applications in proceedings that are later administratively closed, Child Status Protection Act, Fee waivers, Diversity Visa 90 Day filing procedures, and more.  more


March, 2008



03/31/2008National Benefits Center Processing Time Report (3/15/08) NBC Processing Time Report (3/15/08).  more

03/31/2008Vermont Service Center Processing Time Report (3/15/08) VSC Processing Time Report (3/15/08).  more

03/31/2008Texas Service Center Processing Time Report (3/15/08) TSC Processing Time Report (3/15/08).  more

03/31/2008Nebraska Service Center Processing Time Report (3/15/08) NSC Processing Time Report (3/15/08).  more

03/31/2008California Service Center Processing Time Report (3/15/08) CSC Processing Time Report (3/15/08).  more

03/28/2008USCIS Q & A on H-1B Petition Mailing and Delivery On 3/28/08 USCIS posted “Q& A #1: H-1B Petition Mailing During Cap Season” to its website. The Q & As address couriers, hours during which deliveries will be accepted, P.O. boxes, and acceptable methods of delivery.  more

03/27/2008USCIS to Withhold Adjudication of Cases that Could Benefit from Consolidated Appropriations Act A 3/27/08 USCIS Update announces that the agency will withhold adjudication of certain cases while individuals and groups are considered for exemptions under the Consolidated Appropriations Act of 2008.  more

03/24/2008 Aytes Memo Revises Adjudicator’s Field Manual Regarding DNA Tests A 3/19/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 21 of the Adjudicator’s Field Manual regarding genetic relationship testing.  more

03/24/2008 Aytes Memo Revises Adjudicator’s Field Manual Regarding License Requirements for Some H-1Bs A 3/21/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 31 of the Adjudicator’s Field Manual regarding professional licensure required for particular H-1B specialty occupations.  more

03/21/2008 DHS Announces Release of No-Match Supplemental Proposed Rule A 3/21/08 DHS press release announced the release of a no-match supplemental proposed rule, following the August 2007 final rule, which was temporarily enjoined by a California District Court.  more

03/21/2008 USCIS Confirms that Naturalization Interviews Are Being Scheduled for Weekends and After Hours On 3/20/08 USCIS posted a notice to its website advising that naturalization interviews are being scheduled for weekends and after hours to address the increase in naturalization applications received in FY 07.  more

03/19/2008 USCIS FAQs: Interim Rule on H-1B Visas USCIS issued FAQs on March 19, 2008 regarding the interim final rule that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year. The interim final rule will become effective upon publication in the Federal Register.  more

03/19/2008USCIS Fact Sheet: Changes to the FY2009 H-1B Program USCIS issued a Fact Sheet on March 19, 2008 regarding the interim final rule that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year. The interim final rule will become effective upon publication in the Federal Register.  more

03/19/2008DOS Posts June 2007 Cable on Family-Based Immigrant Visa Petition Processing DOS recently posted a June 2007 cable to its website, which amends guidance regarding proof of U.S. Citizenship for the processing of family-based immigrant visa petitions.  more

03/18/2008DHS Signs Visa Waiver Program Agreements with Slovakia, Hungary and Lithuania On 3/17/08 DHS announced that Secretary Chertoff signed Visa Waiver Program Memoranda of Understanding (MOU) with ministers from Slovakia, Hungary and Lithuania.  more

03/17/2008Bill Gates’ Statement before the House Committee on Science and Technology On 03/12/08, Bill Gates, Chairman of the Microsoft Corporation, testified before the House Committee on Science and Technology on the future of innovation and U.S. competitiveness. Gates statement focused, in part, on the need for immigration reform to allow highly skilled workers to remain in the U.S.  more

03/16/2008Visa Bulletin for April 2008 DOS released the April 2008 Visa Bulletin. Section D notes that numbers have once again become available for some foreign nationals in the employment-based second preference category.  more

03/07/2008 Stakeholder/USCIS Q & As (2/26/2008) The Q & As address fee waiver rejections, Iraqi and Afghan Special Immigrant applicants for adjustment of status, I-730s, Asylee EADS and security checks, refugee travel documents and re-entry permit, I-129 extension cases, and more.  more

03/07/2008 Round Two FAQs on H-2A Labor Certification Applications On 3/6/08 the DOL’s Office of Foreign Labor Certification posted Round Two of FAQs on TEGL 11-07, Change 1, which clarified the processing of H-2A labor certification applications.  more

03/05/2008Biometric Changes for Re-entry Permits and Refugee Travel Documents

03/03/2008 DHS Fact Sheet on Border Security and Interior Enforcement A 2/29/08 DHS Fact Sheet addresses border and interior enforcement efforts, including E-Verify and No-Match letters.  more


February, 2008



02/28/2008 USCIS Releases Updated Background Check Q & As (Updated 2/28/08) On 2/28/08 USCIS released updated background check Q & As. The policy update is followed by the first draft of the Q & As released on 2/20/08.  more

02/27/2008 Updated CDC Vaccination Requirements for Immigrant Visa Applicants In late 2007 CDC released updated technical instructions on vaccination requirements for immigrant visa applicants.  more

02/27/2008 DOL Releases FY 2007 PERM Data DOL’s ETA recently posted FY 2007 public disclosure PERM data on the DOL website.  more

02/25/2008Texas Service Center Expedite Requests

02/25/2008 Vermont Service Center Processing Time Report (2/15/08) VSC Processing Time Report (2/15/08).  more

02/25/2008 Texas Service Center Processing Time Report (2/15/08) TSC Processing Time Report (2/15/08).  more

02/25/2008 Nebraska Service Center Processing Time Report (2/15/08) NSC Processing Time Report (2/15/08).  more

02/25/2008 California Service Center Processing Time Report (2/15/08) CSC Processing Time Report (2/15/08).  more

02/25/2008 National Benefits Processing Time Report (2/15/08) NBC Processing Time Report (2/15/08).  more

02/20/2008 USCIS Q & A on FBI Name Check Policy On 2/20/08, USCIS released Q & A on its FBI name check policy.  more

02/19/2008 AAO Upholds Denial of P-3 Extension for Chinese Opera Performers Non-precedent AAO decision concludes that the petitioner failed to establish that the beneficiaries had no intention of abandoning a foreign residence, and that they would be in the U.S. solely to perform, teach or coach under a culturally unique program.  more

02/19/2008 USCIS Update on Service Center and Lockbox Receipting (2/19/08) USCIS reports that as of 2/15/08 all receipting operations at the USCIS service centers and lockboxes are current.  more

02/19/2008 AAO Upholds Denial of L-1A Extension Non-precedent AAO decision upholds the denial of an extension for an L-1A VP/General Manager of a freight forwarding company, finding that although the petitioner established that the beneficiary would have supervisory authority over a professional, it had not shown that the she would be primarily engaged in managerial or executive tasks.  more

02/19/2008 USCIS Update on Revised I-130 Filing Instructions On 2/19/08 USCIS issued an Update announcing revised filing instructions for Form I-130, Petition for Alien Relative.  more

02/19/2008 DHS Begins Collecting 10 Fingerprints at International Airport in Detroit On 2/19/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Detroit Metropolitan Wayne County Airport.  more

02/15/2008 CIS Ombudsman Teleconference Q & As (1/31/08) The CIS Ombudsman’s office posted Q & As from the 1/31/08 teleconferences on USCIS refunds and K-3s. Also included are the receipting delay Q & As from October and November 2007, and answers to questions submitted via e-mail about the “First in First Out” receipting policy, EADs, posted receipting times, errors on notices and more.  more

02/15/2008 DHS Begins Collecting 10 Fingerprints at Orlando International Airport On 2/14/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Orlando International Airport.  more

02/15/2008 USCIS Update on Service Center and Lockbox Receipting (2/13/08) A USCIS update on receipting times at the service centers and lockboxes as of 2/13/08.  more

02/15/2008 USCIS Announces Changes in Biometric Procedures for Adjustment Applicants A 2/15/08 USCIS Update announces changes in biometric procedures for I-485 and I-765 applicants.  more

02/14/2008 BALCA Upholds Denial Finding Employer and Beneficiary Are One and the Same BALCA upholds denial of pre-PERM labor certification application, concluding that a bona fide job opportunity open to U.S. workers did not exist, as the beneficiary and the employer were one and the same. The CO had found it unlikely that the employer would displace himself in his own business. Matter of ATI Consultores, 2007-INA-00064 (2/11/08).  more

02/13/2008 USCIS Update on Proposed Changes to H-2A Regulations On 2/13/08 USCIS released an Update outlining the proposed revisions to H-2A regulations.  more

02/13/2008 DHS Begins Collecting 10 Fingerprints at Miami International Airport On 2/13/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Miami International Airport.  more

02/13/2008 DHS Begins Collecting 10 Fingerprints at San Francisco International Airport On 2/13/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at San Francisco International Airport.  more

02/13/2008 BALCA Finds Beneficiary Gained Experience on the Job BALCA affirms the denial of RIR case because the employer did not demonstrate that the beneficiary had the requisite experience prior to being hired, or that it could now hire a worker with less than the minimum qualifications stated on the ETA 750A. Matter of Professional Staffing Services of America, 2007-INA-00058 (1/23/08).  more

02/13/2008 BALCA Finds Groundskeeper is Not Year-Round Position BALCA upholds denial of pre-PERM labor certification application because the record established that the incumbent foreign national had been working less than 12 months of the year in full-time employment. Matter of Rankin Landscaping, Inc., 2007-INA-00057 (1/16/08).  more

02/13/2008 BALCA Finds Lack of Evidence that Job was Permanent & Full-Time Fatal to Application BALCA finds pre-PERM labor certification application was properly denied because the employer failed to show that the position was full-time and year-round. It concludes that a letter from the company accountant was an inadequate substitute for the requested payroll records. Matter of Twin Industries, 2007-INA-00270 (1/16/08).  more

02/13/2008 BALCA Finds Employer Rejected Qualified U.S. Applicants BALCA affirms CO’s denial of a pre-PERM labor certification application, finding that the employer rejected U.S. applicants who met the minimum requirements specified for the position on the ETA 750A. Matter of Houston Music Institute, 2007-INA-00271 (1/16/08).  more

02/12/2008 Visa Bulletin for March 2008 DOS releases Visa Bulletin for March 2008, which reflects notable forward movement in some employment-based categories.  more

02/12/2008BALCA Finds Application Inherently Implausible Employer submitted documentation that it was able to pay the proffered wage, but did not show whether it had any employees. BALCA concludes the employer did not establish that it was offering a bona fide, full-time position, and affirmed CO’s denial of the labor certification application. Matter of Factor’s Row, LLC, 2007-INA-00034 (1/16/08).  more

02/12/2008BALCA Finds Employer Unable to Establish Worksite or Bona Fide Job Opportunity BALCA upholds the denial of an RIR case, drawing a distinction between a “virtual office” for a job without a fixed worksite and a fictionalized location for a job offering. It finds the application does not warrant a remand for supervised recruitment. Matter of PR Consultants Inc., 2007-INA-00066 (1/16/08).  more

02/12/2008BALCA Affirms Denial for Lack of Job Order BALCA finds that employer’s lack of awareness that a job order was required is insufficient to overcome the PERM application deficiency. Matter of Beck AG Operations Inc., 2008-PER-00005 (12/18/07).  more

02/12/2008 USCIS Update on Service Center and Lockbox Receipting (2/11/08) A USCIS update on receipting times at the service centers and lockboxes as of 2/11/08.  more

02/12/2008BALCA Finds Application without SWA Job Order Dates Incomplete BALCA upholds CO's denial of PERM application because the employer failed to enter the dates of the SWA job order on Form ETA 9089, leaving I.c.6 and I.c.7 blank. Matter of Dr. Afshin Abdollahi, DMD, Inc., 2008-PER-00009 (12/17/07).  more

02/11/2008USCIS Memo: Revised National Security Adjudication and Reporting Requirements This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners and beneficiaries seeking certain immigration benefits.  more

02/11/2008BALCA Finds Failure to Complete H-6A Renders Application Incomplete

02/11/2008BALCA Affirms Denial of PERM Application Filed Too Early

02/11/2008Employer Misconstrues Regulations on Labor Certification Filing Window

02/11/2008BALCA Finds Filing of Labor Cert. Seven Days After End of Job Order Was Substantive Violation

02/11/2008BALCA Upholds Denial of Application Filed Too Soon After Conclusion of Job Order

02/08/2008Employer Cannot Use SSN as Substitute for FEIN on ETA 9089 Upholding CO’s denial of PERM application, BALCA finds that pursuant to 20 C.F.R. § 656.3 an employer must possess a valid FEIN. Matter of Discolo, 2007-PER-00108 (12/17/07).  more

02/07/2008USCIS Update on Service Center and Lockbox Receipting A USCIS update on receipting times at the service centers and lockboxes as of 2/6/08.  more

02/06/2008Department of Labor makes plans to modernize H-2A Program

02/06/2008Department of Health and Human Services release the 2008 Poverty Guidelines

02/06/2008Vermont Service Center Processing Time Report (Updated 2/6/08) USCIS changed a date in the Vermont Service Center processing time report for 1/15/08.  more

02/06/2008Nebraska Service Center Processing Time Report (Updated 2/6/08) USCIS changed some dates in the Nebraska Service Center processing time report for 1/15/08.  more

02/05/2008USCIS Update on Service Center and Lockbox Receipting A USCIS update on receipting times at the service centers and lockboxes as of 2/1/08.  more

02/05/2008USCIS Announces FY 2009 Budget Request On 2/4/08 USCIS released a fact sheet announcing that the President requested a $2.7 billion budget for USCIS in FY 2009.  more

02/04/2008USCIS Updates on how to Apply for Employment Authorization

02/01/2008DHS Begins Collecting 10 Fingerprints at Airports in Atlanta, Houston & Chicago On 2/1/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Hartsfield-Jackson Atlanta International Airport, George Bush Houston Intercontinental Airport, and Chicago O'Hare International Airport.  more

02/01/2008Helpful Hints for FY 2009 H-1B Filings

02/01/2008DHS Announces Increase in Requested Funding for Border Security and Enforcement On 1/31/08 DHS Secretary Chertoff announced an increase in requested funding for border security and immigration enforcement efforts in FY 2009.  more

January, 2008



01/31/2008USCIS Announces Centralized Filing for Certain H-1B Cap Exempt Petitioners USCIS announced that effective 1/30/08 certain cap exempt H-1B petitions should be filed with the California Service Center, where they will be processed by a dedicated unit.  more

01/31/2008USCIS Update on Service Center and Lockbox Receipting A USCIS update on receipting times at the service centers and lockboxes as of 1/30/08.  more

01/31/2008DHS Posts Information on New Land and Sea Travel Document Procedures On 1/31/08 DHS updated its website with information regarding travel documents that should be presented at land and sea ports of entry as of 1/31/08.  more

01/30/2008Customs and Border Protection issues Flyer on New Land and Sea Travel Document Procedures CBP posted an electronic version of a flyer created to advise travelers of new land and sea port of entry travel document procedures effective 1/31/08.  more

01/30/2008DOS Press Releases New Passport Fee Schedule A 1/29/08 DOS press release compares the old passport fee schedule to the new one that will take effect on 2/1/08.  more

01/30/2008USCIS Update on Service Center and Lockbox Receipting A USCIS update on receipting times at the service centers and lockboxes as of 1/29/08.  more

01/28/2008USCIS Fact Sheet on Naturalization Through Military Service On 1/28/08 USCIS released a Fact Sheet on naturalization through military service. It includes statistics that reflect an increase in the number of naturalized service members since the last Fact Sheet was released in October 2007.  more

01/28/2008Vermont Service Center Processing Time Report (1/15/08) VSC Processing Time Report (1/15/08).  more

01/28/2008Texas Service Center Processing Time Report (1/15/08) TSC Processing Time Report (1/15/08).  more

01/28/2008Nebraska Service Center Processing Time Report (1/15/08) NSC Processing Time Report (1/15/08).  more

01/28/2008California Service Center Processing Time Report (1/15/08) CSC Processing Time Report (1/15/08).  more

01/28/2008National Benefits Center Processing Time Report (1/15/08) NBC Processing Time Report (1/15/08).  more

01/25/2008USCIS Update on Service Center and Lockbox Receipting A USCIS update on receipting times at the service centers and lockboxes as of 1/23/08.  more

01/23/2008CBP Fact Sheet on Inspection for Travelers A CBP Fact Sheet alerts travelers about what to expect during an inspection and provides customer service contacts for travelers concerned about having been stopped or delayed by CBP. more

01/23/2008CBP Reminds Travelers of New Land and Sea Border Crossing Procedures On 1/22/08 CBP issued a reminder to travelers that beginning 1/31/08 border crossers will be asked to present documents denoting citizenship and identity when entering the United States through land and sea ports of entry.  more

01/23/2008DHS Begins Collecting 10 Fingerprints at Logan On 1/23/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Boston Logan International Airport.  more

01/18/2008FAQs on New Citizenship Doc. Requirements at Land Ports of Entry On 1/18/08 DHS released FAQs on the new border crossing procedures at land border ports of entry as of 1/31/08. more

01/17/2008Naturalization Delays: Causes, Consequences and Solutions Emilio T. Gonzalez, Director, USCIS, before the House Judiciary Committee, Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, January 17, 2008 more

01/17/2008DHS Announces Appointment of Assistant Secretary for State and Local Law Enforcement On 1/16/08 DHS Secretary Michael Chertoff announced the appointment of Sheriff Edmund M. “Ted” Sexton as the department’s first Assistant Secretary for State and Local Law Enforcement. more

01/16/2008USCIS Holds White House Naturalization Ceremony On 1/11/08 DHS released USCIS Director Emilio Gonzalez welcomed America’s 25 newest citizens during a special naturalization ceremony. Four prominent naturalized U.S. citizens were presented with the “American by Choice” (AOC) certificate. AOC recipients were acknowledged for his or her various outstanding contributions. more

01/16/2008USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at CSC, NSC, TSC, VSC as of 1/4/08, and at the Chicago and Los Angeles lockboxes as of 1/14/08. more

01/14/2008DHS Releases REAL ID Privacy Impact Assessment On 1/11/08 DHS released a Privacy Impact Assessment of the REAL ID final rule, which establishes minimum security standards for state issued drivers’ licenses and identification cards. more

01/14/2008REAL ID Final Rule Q & A DHS released Questions and Answers regarding the REAL ID final rule establishing minimum security standards for state issued drivers’ licenses and identification cards. more

01/14/2008DHS Begins Collecting 10 Fingerprints at Hartsfield-Jackson Atlanta Intl. Airport On 1/11/08 DHS announced that it has begun collecting 10 fingerprints from international visitors arriving at Hartsfield-Jackson Atlanta International Airport. more

01/11/2008DHS Announces Release of REAL ID Final Rule A January 11, 2008 DHS Press Release announcing the final rule establishing minimum security standards for state issued drivers’ licenses and identification cards. more

01/11/2008DOS Announces U.S. Citizens May Apply for New U.S. Passport Card Beginning 2/1/08 U.S. citizens may begin applying in advance for the new U.S. Passport Card beginning February 1, 2008, in anticipation of land border travel document requirements. The passport card will facilitate entry and expedite document processing at U.S. land and sea ports-of-entry when arriving from Canada, Mexico, the Caribbean and Bermuda. more

01/11/2008CBP Chart Listing APIS Documentary Requirements for Arrival and Departure This CBP Chart Lists Advance Passenger Information System (APIS) documentary requirements for arrival to and departure from the U.S.  more

01/10/2008Visa Bulletin for February 2008 DOS released the February 2008 Visa Bulletin. Section D addresses the unavailability of employment-based second preference visas for a specific country, effective immediately. more

01/10/2008DOL Statistics on PERM and H-2A/H-2B Processing January 2008 DOL Fact Sheet offers statistics on PERM processing.  more

01/09/2008USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at the Chicago Lockbox as of 1/8/08.  more

01/09/2008BALCA Finds that Landscape Gardener Position is Seasonal BALCA upholds CO’s denial of RIR case in which the employer fails to establish that the position for a Landscape Gardener is a full-time permanent position. Matter of Odonata Corp., 2007-INA-00007 (12/10/07).  more

01/08/2008USCIS Announces that Employers Can Request Info on E-Verify Through NCSC USCIS announced that as of 1/8/08 employers and other requesting information on E-Verify could contact the program through the NCSC by calling the E-Verify program number.  more

01/08/2008BALCA Finds that Required Experience and Duties Render “Manager” Level II BALCA concludes that regardless of O*NET job classification at issue, position is properly classified as Level II rather than Level I in pre-PERM labor certification application. It upholds CO’s denial, as the Employer failed to meet the prevailing wage. Matter of Plaza Express Car and Limo Service, 2007-INA-00008 (12/10/07).  more

01/08/2008BALCA Finds Requirements Cannot be Implied and Interview Process Must be Timely BALCA upholds denial of a pre-PERM labor certification application for a rug repairer, rejecting Employer’s contention that undisclosed requirements were implied in the job description. Also finds that delayed interview process shows less than a good faith effort to recruit. Matter of Bistany’s Oriental Rug Dealers, 2007-INA-00009 (12/10/07).  more

01/07/2008USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 1/7/08.  more

01/07/2008BALCA Finds Employer’s Amendments to the Job Requirements Untimely BALCA upholds denial of a pre-PERM labor certification application filed for a hotel manager, finding that the amendments to the application proposed after it was denied were a fundamental change in the job requirements. Matter of Century Wilshire Hotel, 2007-INA-00022 (10/15/07).  more

01/04/2008BALCA Upholds Denial for Failure to Answer H-6A BALCA upheld the CO’s denial of a PERM application for Employer’s failure to complete Section H-6A. Attorney argued that his records show that the application was properly completed, but the appeal file supports the CO’s finding. Matter of Best Manufacturing, 2007-PER-00080 (12/19/07).  more

01/04/2008USCIS Extends Suspension of Premium Processing for R-1s On 1/4/08 USCIS announced that suspension of premium processing service for religious worker (R-1) visa petitions will be extended until 7/8/08.  more

01/04/2008USCIS Reminds Employers to Use New Form I-9 USCIS posted a reminder to employers on its website regarding required use of the new Form I-9.  more

01/04/2008BALCA Upholds Denial of Application Filed Less than 30 Days After End of Job Order BALCA finds that the filing of a PERM application less than 30 days after the end of the SWA job order is a substantive violation. That fact that the job order did not appear to produce qualified candidates after the 30 days had elapsed was insufficient to excuse the violation. Matter of Golden Bridge Restaurant, 2007-PER-00099 (12/18/07).  more

01/04/2008Submission of Forms without DOL Logo Not Fatal to PERM Application BALCA finds CO improperly refused to reconsider denial of PERM application after Employer presented evidence that recruitment would have been timely, but for its error of submitting forms without the DOL logo. Matter of Subhashini Software Solutions, 2007-PER-00043-46 (12/18/07).  more

01/03/2008H-2B Cap Reached for 2nd Half of FY 08 USCIS announced that the H-2B cap for the second half of fiscal year 2008 has been reached.  more

01/03/2008BALCA Upholds Denial for Failure to Answer H-8 and H-10A BALCA concludes that failure to answer Sections H-8 and H-10A were not “slight omissions” and constitute grounds for denial. Matter of Subhashini Software Solutions, 2007-PER-00039-53 (12/10/07).  more

01/03/2008BALCA Finds that a FEIN is Needed to Employ a Domestic Worker BALCA upholds CO denial of PERM application, concluding that although a household may not be a business in a commercial sense, it must nevertheless obtain an FEIN to verify that it is a bona fide business entity and able to legally employ a domestic worker. Matter of Alpert, 2007-PER-00109 (12/17/07).  more

01/03/2008BALCA Upholds PERM Denial for Lack of FEIN BALCA finds that the Employer’s non-compliance with the requirement of having a FEIN at the time of the labor certification application filing is a substantive omission. It concludes that the CO was correct in declining the Employer’s request to remedy the deficiency. Matter Bugajski-Lang, 2007-PER-00079 (12/17/07).  more

01/03/2008USCIS Field Office Adopts Teletech Call Appointment System For Filing Waiver of Inadmissibility Applications As of December 17, 2007, immigrant visa applicants seeking to file an application for waiver of inadmissibility (Form I-601) with the USCIS field office in Ciudad Juarez can now use the Teletech Call Center to make an appointment.  more

01/02/2008USCIS Update on Service Center and Lockbox Receipting A USCIS Update on current receipting times at CSC, NSC, TSC, VSC and the USCIS Lockbox as of 12/21/07.  more

01/02/2008Vermont Service Center Processing Time Report (12/14/07) VSC Processing Time Report (12/14/07).  more

01/02/2008Texas Service Center Processing Time Report (12/14/07) TSC Processing Time Report (12/14/07).  more

01/02/2008National Benefits Center Processing Time Report (12/14/07) NBC Processing Time Report (12/14/07).  more

01/02/2008California Service Center Processing Time Report (12/14/07) CSC Processing Time Report (12/14/07).  more

01/02/2008Nebraska Service Center Processing Time Report (12/14/07) NSC Processing Time Report (12/14/07).  more

Information provided courtesy from AILA's InfoNet (www.aila.org). Copyright © 1993–2007, American Immigration Lawyers Association. 918 F Street, NW, Washington, DC 20004.

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