News

In May 2010, DOS issued a visa policy update on an FAM change (9 FAM Update for L Visa Annotation) to clarify that posts may annotate blanket L visas with the name of the actual employer on the I-129-S even if that subsidiary or affiliate employer name is not in PIMS. AILA Doc. No. 10070233.

In May 2010, DOS issued a cable on biometric signature and affirmation of the DS-160 NIV Application (Biometric Signature and Affirmation of DS‐160 NIV Application). This cable includes an action request to all DS-160 posts, effective immediately. AILA Doc. No. 10070231.

In May 2010, DOS issued guidance on where applicants can file the DS-117 Application to Determine Resident Status (Changes to Processing of Applications for Returning Resident Status), how post should process applications, and new procedures for the creation of a permanent refusal record for denied applications. AILA Doc. No. 10070234.

Bitte hier klicken um die neusten Zahlen des H-1B FY 2012 Cap zu erhalten.

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Service Center and District Offices

• California Processing Times Report, 14. Noverber 2011 
• Nebraska Processing Times Report, 14. November 2011 
• Texas Processing Times Report, 14. November 2011  
• Vermont Processing Times Report, 14. November 2011 
• National Benefit Center,  14. November 2011

U.S. Department of State & U.S. Department of Labor

• VISA Bulletin, current
• VISA Bulletin, previous
• U.S. Department of Labor

New Consular Fees Start June 4, 2010

An Interim Final Rule was published on May 20, 2010, by the Department of State advising that the collection of increased consular fees will begin on June 4, 2010 (AILA InfoNet Doc. No. 10051968). No changes have been made to the fee schedule initially published last December (AILA InfoNet Doc. No. 09121165). As a reminder, the new schedule includes the following increased visa application fees:

Most NIVs and adult BCCs: $140
Petition-based NIVs (H,L,O,P,Q,R): $150
K category: $350
E category: $390

In introducing the new fee schedule on June 4, the Department will also post additional information about the Cost of Survey Study (CoSS) which underpinned the new fee schedule.

The May 20, 2010, notice provides the following "tidbits" and clarifications:

During the comment period, 81 comments were received.
Of the 81 comments, 48 criticized the increase in the application fee for K category fiancé(e) visas. The Department emphasizes that the increased fee in this category was necessitated primarily for two reasons: (1) A K visa application requires a review of extensive documentation and a more in-depth interview of the applicant than other visa categories; and (2) The K visa category involves a higher incidence of fraud than many other types of visas.
The Department will examine the possibility of offering expedited visa service in exchange for a higher fee.
The new fees do not eliminate or otherwise impact existing visa reciprocity fees.
92% of all NIV applicants will see an increase of only $9.
The increased visa application fees may result in some countries raising visa fees charged to U.S. visa applicants; nevertheless, DOS is compelled to recover the costs of visa processing through visa application fees, and DOS believes that the new schedule has been set at a level allowing for full cost recovery.
The new DS-160 has thus far not resulted in any significant time savings for consular staff. (It has, though, presented great advantages in making applicant data available electronically and in allowing advance review of data.)

The RDC is informed that with regard to pending visa applications, the fee in force on the date of the interview is the fee which must be paid by the applicant. We understand that early next week many consular posts will publish their respective procedures regarding the payment of supplemental fees in cases for which interviews have been scheduled on or after June 4, 2010.

Source "AILA InfoNet Doc. No. 10052639 (posted May. 26, 2010)"

Ihr Kind wird 21 Jahre alt, kann es noch mit Ihnen in die USA immigrieren? Age-Out Problem und wie damit umzugehen ist.  Guidance from Michael Aytes, USCIS Associate Director for Domestic Operations, regarding the effect of age-out provisions on preference relatives and immediate family members under the CSPA and Form I-539 adjudications for V status.  Quelle: AILA News, #06062870

Ein CBP memo und wöchentliches Muster vom 16.3.2009 diskutieren den Begriff "Admission" eines Nichteinwanderes im L-1 Status. 

DHS Deputy Secretary Jane Holl Lute and German Interior Ministry State Secretary Klaus-Dieter Fritsche signed a statement expressing intent to integrate the U.S. and German trusted traveler programs and develop processes for qualified citizens to apply for both programs.

List of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers.

 August 14, 2009 H-1B Cap Count
As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. 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.

In addition, USCIS has received 8,974 H-2B petitions for the first half of FY 2010. It has approved 8,183 and 791 are pending.
Note that on August 6, 2009, USCIS announced the reopening the FY 2009 H-2B filing period and immediately began accepting petitions. H-2B petitions for FY 2009 must be received, evaluated and adjudicated on or before September 30, 2009. Petitions received on or after Oct. 1, 2009, and/or requesting a starting date on or after Oct. 1, 2009, will be considered towards the fiscal year 2010 H-2B cap. For clarification see.

08/26/2008 - Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS provides guidance on continuous residence, physical presence and overseas naturalization for military spouses and children. #08082668.

USCIS to Discontinue Issuance of ADIT Stamps

USCIS Office of Field Operations (OFO) has rescinded temporary guidance issued in mid-May authorizing USCIS local offices to issue temporary I-551 ADIT stamps. AILA has been advised that local USCIS offices are now directed to discontinue issuing ADIT stamps to every applicant as a matter of policy. ADIT stamps may be issued on a case-by-case basis if there seems to be a demonstrated need for such issuance. AILA has requested formal confirmation of this policy from USCIS Field Operations.

USCIS Announces Elimination of FBI Namecheck Backlog

On June 22, 2009, USCIS and the FBI announced that all milestones set forth in a business plan announced on April 2, 2008, have been met, resulting in the elimination of the FBI National Namecheck Program backlog.

DHS OIG Releases Report on Special Immigrant Nonminister Religious Worker Program.  A June 11, 2009 Report from the DHS Office of Inspector General makes five recommendations to the existing regulatory scheme for the Special Immigrant Nonminister Religious Worker program. AILA InfoNet Doc. No. 09062364.

When can you file your H-1B petition for the 2012 fiscal year?

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

The USCIS will begin accepting H-1B petitions subject to the Fiscal Year 2012 cap on April 1, 2011. Cases are considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked.