Processing Queue     Priority Dates
Analyst Reviews        December 2009
Audits                       July 2008
Standard Appeals      February2008
Gov't Error Appeals    Current

OFLC has initiated an intensive effort to reduce the Permanent Labor Certification Program's pending caseload. Our goal for FY 2010 is to reduce the backlog by 50%. We are on schedule, and we will continue this effort as part of our larger Departmental commitment to customer service. The dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. For various reasons, we may be completing the processing of applications filed prior to the month posted on iCERT. If your application was filed more than 3 months prior to the month posted, you may contact our Helpdesk for a status on the application at plc.atlanta@dol.gov.

Source: PERM Processing Times

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012.  Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly documented fee waiver request.  If the TPS re-registrant is not seeking employment authorization or an extension of his/her current employment authorization, the Form I-765 fee is not required, but the re-registrant must still file Form I-765 for data-gathering purposes.  All TPS re-registrants age 14 and older must submit the biometric fee. Applicants who are able to demonstrate an inability to pay may request a fee waiver for the TPS application, biometric services or employment authorization, or all three fees combined. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the re-registration application.  For information on TPS fee waivers, visit the “Questions and Answers on Temporary Protected Status Fee Waivers.”

Source: USCIS Update

I-130 Petitions:

The USCIS Chicago Lockbox address for filing stand-alone Form I-130 is:

For U.S. Postal Service:

USCIS
P.O. Box 804625
Chicago, IL 60680-4107


For Express mail and courier deliveries:

USCIS
Attn: I-130
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

I-140 Petitions:

Form I-140 filed alone or together with an Application to Register Permanent Residence or Adjust Status (Form I-485) should be filed at the USCIS Dallas Lockbox facility, or at the USCIS Nebraska or Texas Service Centers, depending on the classification for which the petition is being filed.  Forms I-140 for skilled workers (marked “f” in Part 2, Petition Type, of the form) should continue to be submitted to either the Nebraska or to the Texas Service Centers.  Forms I-140 that are accompanied by a Form I-907, Request for Premium Processing Service should also go only to the Nebraska or Texas Service Centers.  Beginning on Aug. 3, 2010 all other Form I-140s should be submitted to the USCIS Dallas Lockbox facility.  Detailed guidance can be found in the updated Form I-140 instructions.

 

I-539 Petitions:

Beginning Aug. 3, 2010 applicants submitting Form I-539 by itself must mail their application to the USCIS Dallas Lockbox facility.

Applicants submitting their Form I-539 with Form I-129, Petition for Nonimmigrant Worker, will continue to submit both forms to either the USCIS California Service Center or the USCIS Vermont Service Center, according to the Form I-129 filing instructions.  Dependent applicants submitting Form I-539 applications at the same time should include their application in the package with the primary applicant.

Applicants filing Form I-539 under category “P-4, Dependents of Major League Sports” Athletes or Support Personnel, should continue to file their applications at the USCIS Vermont Service Center.

Applicants filing under the category “V Nonimmigrant” should continue to file their applications at the USCIS Chicago Lockbox facility.


I-129F Petitions:

Beginning Aug. 3, 2010 all Form I-129F petitions being filed by a U.S. citizen on behalf of a fiancé(e)  or spouse must be submitted to the USCIS Dallas Lockbox facility.

For U.S. Postal Service:

USCIS
PO Box 660151
Dallas, TX 75266   

For Express mail and courier deliveries:

USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

TPS Extension Re-Registration Deadline: September 7, 2010
TPS Expiration Date: March 9, 2012
EADs Auto-Extended Through:  March 9, 2011
TPS Designation Date: March 9, 2001
The forms to register and re-register for TPS are:
    * Form I-821, Application for Temporary Protected Status
    * Form I-765, Application for Employment Authorization
To register or re-register you must file both forms together, even if you do not want work authorization.
Make sure to use the most current version of the Form I-821, dated 10/17/07.  All previous versions of the I-821 will be rejected.  You should also file a current version of the Form I-765 dated 10/16/08 or after.

Source: USCIS

WASHINGTON  U.S. Citizenship and Immigration Services (USCIS) has announced that eligible Haitian nationals will have an additional 180 days to apply for Temporary Protected Status (TPS), a relief program launched in response to the catastrophic earthquake in Haiti earlier this year.  The new registration deadline is January 18, 2011.

Since the earthquake, USCIS has maintained an ongoing dialogue with Haitian community leaders and advocates, and we have heard that many Haitians need more time to apply for TPS, said USCIS Director Alejandro Mayorkas. Extending the registration period will afford more eligible individuals a chance to remain safely in the United States at this time of crisis and devastation in Haiti.

TPS registration permits eligible Haitian nationals to continue living in the United States and to obtain work authorization for the duration of the program.  Since the TPS program began, USCIS has conducted extensive outreach to communicate its important benefits and to provide clear information about the application process.  USCIS continues to encourage eligible Haitians to apply for TPS as soon as possible before the January 18, 2011, registration deadline.  Waivers of the application fees are available to those who can demonstrate an inability to pay.

Source:USCIS

Employment Based Visa Bulletin

Categories	Worldwide	China (mainland)	Dominican Republic	India	Mexico	Philippines
EB-1: Priority Workers	Current	Current	Current	Current	Current	Current
EB-2: Advanced Degree or Exceptional Ability	Current	01MAR06	Current	01MAR06	Current	Current
EB-3: Skilled Workers	01JUN04	22SEP03	01JUN04	01JAN02	U	01JUN04
Unskilled	15MAY02	15MAY02	15MAY02	01JAN02	U	15MAY02
EB-4: Special Immigrants	Current	Current	Current	Current	Current	Current
Religious Workers	Current	Current	Current	Current	Current	Current
EB-5: Target Area Investment	Current	Current	Current	Current	Current	Current

 Family Based Visa Bulletin

Categories	Worldwide	China (mainland)	Dominican Republic	India	Mexico	Philippines
1st: Unmarried sons and daughters of US Citizens	01AUG05	01AUG05	01AUG05	01AUG05	15NOV92	01JAN96
2A: Spouses and Unmarried Children (under 21) of Permanent Resident	01MAR09	01MAR09	01MAR08	01MAR09	01MAR08	01MAR09
2B: Unmarried Children (over 21) of Permanent Resident	01JAN04	01JAN04	01JAN04	01JAN04	15JUN92	01AUG01
3rd: Married Children of US Citizen	01JAN02	01JAN02	01JAN02	01JAN02	01MAR92	01MAY94
4th: Brothers and Sisters of US Citizen	01JUN01	01JUN01	01JUN01	01JUN01	01JAN94	01APR90

Source: US Department of State

 

H1B VISA FOR FISCAL YEAR 2011

Due to the recent changes in the new labor condition certification (LCA) process and greater scrutiny of H1B visa application, it is strongly recommended that the H1B visa process is started as soon as possible. 

Preparation time is key now, more than ever, with the new LCA certification process taking a minimum of 2 weeks and up to 4 weeks should the employer undergo a business verification process.

Contact Us Today Toll Free 800.993.9097 or Email us at info@usimmhelp.com.

USCIS issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The Neufeld Memo clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The Neufeld Memo also discusses the types of evidence petitioners may provide to 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.

1. Memorandum: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements Source: Neufeld Memo, January 8, 2010

2. Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions Source: USCIS Questions and Answers, January 13, 2010

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revised addresses for applicants filing an Application for Naturalization (Form N-400) at USCIS Lockbox facilities in Phoenix and Dallas.  This filing address change takes effect immediately. Applicants who previously filed their applications at the Lewisville Post Office (P.O.) box will now file their applications at a P.O. Box in Dallas.  See address below. In addition, the table below includes a change to the USCIS Phoenix Lockbox address.  Starting immediately, applicants filing Form N-400 at the USCIS Dallas or Phoenix Lockbox must submit the application and all supporting documents and fees to the following addresses, based on where they live.

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.  USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. Source: Fiscal Year 2010 H-1B Cap Count