U.S. Citizenship and Immigration Services (USCIS) released today the projected times for local offices to complete processing of applications for citizenship from individuals who filed during the summer of 2007. Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations. The processing times listed below provide a sense of how quickly a case may be processed if there are no complicating factors. Still, some cases will take longer to complete for such reasons as:

·         an applicant has been asked to submit additional information and their case is pending until they

·         comply, or

·         an applicant fails the naturalization test and has 60 days to prepare before they are retested, or

·         the FBI name check is still in progress.

Projected Local USCIS Office Processing Times at end of September 2008

Office                    Months

Agana, Guam ........................8.6

Albany, NY...........................7.2

Albuquerque, NM .................8.7

Anchorage, AK .....................8.7

Atlanta, GA...........................9.9

Baltimore, MD....................14.0

Boise, ID .............................14.2

Boston, MA...........................9.9

Buffalo, NY ..........................6.4

Charleston, SC ...................14.1

Charlotte Amalie, VI.............7.9

Charlotte, NC ......................14.4

Chicago, IL ...........................8.6

Cincinnati, OH ......................7.5

Cleveland, OH ......................7.5

Columbus, OH ......................7.4

Dallas, TX...........................13.7

Denver, CO ...........................8.2

Des Moines, IA.....................5.8

Detroit, MI ............................8.0

El Paso, TX .........................14.2

Fort Smith, AR......................8.6

Fresno, CA ..........................12.6

Harlingen, TX .......................6.5

Hartford, CT........................14.3

Helena, MT ...........................5.0

Honolulu, HI .........................6.8

Houston, TX........................14.0

Indianapolis, IN ....................5.7

Jacksonville, FL ....................7.6

Kansas City, MO.................10.4

Las Vegas, NV....................14.1

Los Angeles, CA.................14.3

Louisville, KY ......................7.1

Manchester, NH ..................14.6

Memphis, TN ........................9.8

Miami, FL ...........................14.2

Milwaukee, WI .....................6.8

Mount Laurel, NJ................11.6

New Orleans, LA ................14.5

New York, NY....................10.1

Newark, NJ ......................... 10.3

Norfolk, VA........................ 14.6

Oklahoma City, OK.............. 8.6

Omaha, NE ........................... 5.8

Orlando, FL ........................ 14.4

Philadelphia, PA ................. 11.8

Phoenix, AZ........................ 14.4

Pittsburgh, PA....................... 6.0

Portland, ME......................... 7.3

Portland, OR ......................... 9.7

Providence, RI .................... 14.2

Reno, NV.............................. 7.3

Sacramento, CA.................... 7.8

Salt Lake City, UT................ 8.6

San Antonio, TX................... 9.8

San Diego, CA...................... 9.1

San Francisco, CA ................ 8.6

San Jose, CA....................... 14.2

Expedited Screening, Processing for Pre-screened International Travelers

U.S. Customs and Border Protection today announced the Global Entry^TM pilot program, scheduled to launch this summer. Global Entry^TM is designed to expedite the screening and processing of low-risk, frequent international “trusted” travelers entering the United States.

Global Entry^TM will be available for U.S. citizens or lawful permanent residents who are frequent international travelers, provided they have not been found guilty of a criminal offense, charged with a customs or immigration offense, or declared inadmissible to the U.S. under immigration legislation. Biometric fingerprint technology will be used to verify the passenger’s identity and confirm his or her status as a Global Entry^TM participant.

“The Global Entry^TM pilot program is an important next step in building upon the foundation of CBP’s other trusted traveler programs, such as NEXUS and SENTRI, and extending expedited processing to low-risk, international air travelers,” said CBP Commissioner W. Ralph Basham.

The pilot will be initially conducted at John F. Kennedy International Airport, George Bush Intercontinental Airport and Washington Dulles International Airport. The program will begin processing applications from the public starting May 12 with operations at the three initial airports scheduled to begin June 10.

Upon returning from international travel, Global Entry^TM -enrolled travelers may bypass the regular passport control line and proceed directly to the Global Entry^TM kiosk. At the kiosk, the Global Entry™ traveler will activate the system by inserting his or her passport or U.S. permanent resident card into the document reader. The kiosk will direct the traveler to electronically provide his or her fingerprints and will compare that biometric data with the fingerprint biometrics on file. A digital photograph will also be taken of the traveler as part of the transaction record. Finally, the traveler will be prompted to answer several CBP declaration questions posted on the kiosk’s touch-screen. Once the process is successfully completed, the traveler will be issued a transaction receipt which must be presented to the CBP officer as the participant leaves the CBP inspection area.

Source CBP News Release 4/11/08. For more information please visit our Frequently Asked Questions. ( Global Entry^TM FAQs )

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of status in lieu of consular notification.

This short-term measure follows an April 8, 2008 interim final rule that, among other actions, automatically extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1. To obtain the automatic extension, a student must be the beneficiary of an H-1B petition filed for the next fiscal year (with an October 1 employment start date) and have requested a change of status.  For F-1 student beneficiaries of petitions that USCIS subsequently rejects, denies, or revokes, or for those who violate their status, the automatic extension terminates at that time.

Since the rule was published after the filing period had closed for new FY 2009 H-1B petitions, many petitioners of F-1 students did not include a request for a change of status with the H-1B petition. Instead, petitioners requested consular notification based on the assumption that these students would have been required to leave the United States to obtain an H-1B visa at a consular office abroad.

USCIS has determined that it will allow petitioners of F-1 students whose H-1B petitions were randomly selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the issuance of the receipt notice.

To request a change of status in lieu of consular notification, petitioners (or authorized representatives) should send an e-mail with the request to the USCIS service center where their petition is pending within 30 days of the issuance of the receipt notice.  Special email addresses for each service center have been established specifically for this purpose.  These addresses are listed below and are posted on USCIS’ website.  Petitioners should e-mail their requests for change of status in lieu of consular notification upon receipt of the notice so the agency has the request before completing H-1B petition adjudication.  The requests should include the receipt number and both the petitioner’s and beneficiary’s name, date of birth, I-94 (Arrival/Departure Record) number, and Student and Exchange Visitor Information System (SEVIS) number.  Please do not contact the service center about requesting a change of status until after receiving the receipt notice.

E-mail addresses for requesting change of status are:

VermontService Center
Premium Processing cases:  VSCPPCAPGAP.Vscppcapgap@dhs.gov
Non-Premium cases:  VSCNONPPCAPGAP.Vscnonppcapgap@dhs.gov

CaliforniaService Center
Premium Processing cases:  CSC.ppcapgap@dhs.gov
Non-Premium cases:  CSC.nonppcapgap@dhs.gov

NOTE:  If an F-1 student, who is the beneficiary of a selected 2009 H-1B petition, has a pending request to change to a status other than H-1B but now wants to file under the process outlined above, he or she should withdraw the previously filed change in accordance with established regulations.

Related Files

·                 USCIS to Allow F-1 Students Opportunity to Request Change of Status (41KB PDF)

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) Memorandum of Understanding (MOU) with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year.

“I commend Korea for their collaboration on improving our bilateral security measures, and I share our partner’s anticipation for the time when Korean visitors may travel without visas to the United States,” said Homeland Security Secretary Michael Chertoff.  “In our global fight against violent extremism, cooperation is paramount against a patient and adaptive enemy. This agreement demonstrates that enhanced security can also facilitate legitimate travel, which is a win-win for both our nations.”

The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an authorization number for travel.  DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

The VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe.  The U.S. has signed enhanced VWP agreements with the Czech Republic, Estonia, Latvia, Slovakia, Hungary, Lithuania and Malta in recent weeks. Each country committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

http://www.dhs.gov/xnews/releases/pr_1208545066700.shtm

http://www.dhs.gov/xtrvlsec/programs/content_multi_image_0021.shtm

1. If an applicant has an urgent need to travel and has already filed an I-131 with the NBC, the applicant or his or her representative should visit the local Field Office by making an InfoPass appointment or call the National Customer Service Center (NCSC) at 1-800-375-5283. The Field Office will consider the merits of the request, and will forward requests that they determine to require expedited handling to designated points of contact at the NBC. 

2. If an applicant has not yet filed an I-131 and needs an expedited Advance Parole document, the I-131 may be filed in person at the local Field Office after an InfoPass appointment has been made. IMPORTANT: Note that expedited processing is done at the discretion of the Field Office, based upon the evidence provided by the applicant.

3. If an applicant has an urgent need to have a I-765 application processed to receive an employment authorization document, the applicant must make an InfoPass appointment and visit the local Field Office.  The Field Office will determine if the applicant’s situation warrants expedited processing, and, if so, will forward the request to designated NBC points of contact to process and expedite the case.

4. Please keep in mind that expedite requests for applications and petitions will be considered based upon the following criteria:

• Severe financial loss to company or individual
• Situations of extreme emergency
• Humanitarian situation
• Nonprofit status of requesting organization advocating the cultural and social interest of the United States
• Department of Defense or National Interest Situation (Note: Request must come from an official U.S. Government entity, stating that delay will be detrimental to the U.S. Government.)
• USCIS error
• Of compelling interest to USCIS

Now Available, See the Complete List of STEM Designated Degree Program Codes at: http://www.ice.gov/sevis/stemlist.htm

The following is a list of Classification of Instructional Programs codes published by the National Center for Education Statistics (NCES CIP codes) that have been designated by ICE as science, technology, engineering, or math (STEM) degrees for the purpose of approving a 17-month STEM extension of optional practical training (OPT) under the provisions of 8 CFR 214.2(f)(10)(ii)(C).

In order for F-1 students to qualify for this 17-month extension, the code for the student’s degree program must be on this list. Other requirements are found in the regulatory language.

To suggest a change to the list of STEM designated degrees, write to SEVIS.Source@dhs.gov, with STEM Code Change Request in the subject line. Please include your name, phone number, organizational affiliation, the code(s) you would like to see added and the rationale for the addition. Change requests will be reviewed by ICE in conjunction with the Department of Education and other advisors.

USCIS Update

April 14, 2008

USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number. USCIS conducted two random selections, first on petitions qualifying for the 20,000"master's or higher degree" (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.

The approximately 163,000 petitions received in the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.

Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.

For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process. USCIS has "wait-listed" some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status.

USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.

The Department of State just released May 2008 Visa Bulletin, effective on May 1, 2008.  Until then the April 2008 Visa Bulletin will remain in effect.

Employment Based Visa Bulletin

There has not been a significant jump in the priority dates since the April 2008 Visa Bulletin.  The categories that did change a bit since April 2008 are EB-3 Worldwide and Philippines Priority Dates and Unskilled Worker Priority Dates.  Specifically, the EB-2 Worldwide and EB-2 Philippines Priority Date jumped over one year, from July 01, 2005 to March 01, 2006.  And the Unskilled Worker Category Priority Dates jumped from January 01, 2003 to March 01, 2006. 

Family Based Visa Bulletin

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008.  More than 31,200 of those petitions were for the advanced degree category. 

USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption.  Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.   

USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate.   USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

USCIS will provide regular updates as the processing of FY 2008 H-1B cap cases continues.

Source: USCIS 04/10/08

USCIS just released a new Form I_765, Employment Authorization Form designed for the those foreign students requesting the 17 month OPT extension. 

Please first remember that all foreign students must:

1. Obtain DSO Approval for the 17 month extension

2. File I-765 Employment Authorization Form

3. Have the US Employer Register with E-Verify and Adhere to the Reporting Requirements

NOTE: Unlike the usual OPT application process, foreign students currently in the US in their 60-day departure preparation periods in the same way that they are allowed to apply for a change to H-1B status during their departure preparation periods.

I-765 Instructions for Foreign Students:

The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed.

The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes: (c)(3)(A) for pre-completion OPT, (c)(3)(B) for post-completion OPT, and (c)(3)(C) for a 17-month extension for an F-1 student who has received a degree in Science, Technology, Engineering, or Mathematics (STEM), that appears on the STEM designated Degree Program List published on the SEVP website available through the Related Links on this page.

If you are a STEM student requesting 17-month extension of your currently authorized optional practical training, you must also submit a copy of your degree reflecting the conferred degree as well as your major field of study. In addition, the employer with whom you are seeking the 17-month OPT extension must be registered in E-Verify. Accordingly, you must list the employer's E-Verify Company Identification Number or a valid E-Verify Client Company Identification Number in Item 17 of the Form I-765. Please refer to the section on Foreign Students in the form instructions.

The eligibility codes (c)(3)(ii) and (c)(3)(iii) are unchanged and remain in use.

NEW FORM I-765, CLICK HERE: http://www.uscis.gov/files/form/I-765.pdf

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions fi