Delays Between I-765/I-485 Approvals and EAD Receipts due to Facility Maintenance

Posted on September 3, 2015 by Rachel Coyne — No Comments ↓

Delays have been reported between the approval of a client’s I-765 or I-485 and the client’s receipt of the employment authorization document (EAD) or lawful permanent resident card. USCIS confirmed that the card production facility in Corbin, Kentucky is undergoing maintenance, and that all card production work was transferred to the facility in Lee’s Summit, Missouri. As a result of this transfer, there is a backlog of cases in Lee’s Summit so clients may not receive their LPR cards until two to three weeks after approval of the underlying application. USCIS anticipates that this backlog issue will be resolved sometime this month.

Rachel is an Intern with the firm and is not a practicing attorney.

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Tagged with: Delays, EAD, I-765 or I-485, Lawful Permanent Resident card, USCIS
Posted in Green Card, In The News

Court Determines that Stepchild Does Not Fall Under Definition of Child

Posted on August 26, 2015 by Marcy Stras — No Comments ↓

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born and never adopted him. This decision finds that the definition of “child” in INA §101(c)(1), the part of the Immigration and Nationality Act that applies to citizenship, does not encompass stepchildren. The court also found that Congress did not intend for INA §101(b)’s definition of child, which does include stepchildren, to apply to INA §320(a).

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Tagged with: Board of Immigration Appeals, Citizenship, Definition of Child, Immigration and Nationality Act, Stepchild
Posted in In The News

USCIS Revises Preparer’s Declaration on Form I-129

Posted on August 19, 2015 by Marcy Stras — No Comments ↓

USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,” which now states, “The petitioner has reviewed this completed petition as prepared by me and informed me that all of the information in the form and in the supporting documents, is complete, true, and correct.”

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Tagged with: Petition for Nonimmigrant Worker, Petitioner's Declaration, Preparer's Declaration, Revised Form I-129
Posted in In The News

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

Posted on July 13, 2015 by Marcy Stras — No Comments ↓

USCIS announced today that it will resume accepting Form I-907, Request for Premium Processing Service for all H-1B extension of stay petitions. However, all premium processing requests received by USCIS before July 13, 2015 will be rejected.

Premium processing for H-1B extensions had been suspended since May 26, 2015.

For more information, please see the USCIS announcement here.

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Tagged with: H-1B Extension of Stay Petitions, Request for Premium Processing Service, USCIS
Posted in H-1B Visa Petitions, In The News

Visa-Issuing Embassies and Consulates Back Online

Posted on June 30, 2015 by Marcy Stras — No Comments ↓

The State Department advised that all visa-issuing embassies and consulates are back online, though problems are still occurring with some online immigrant visa application forms. DOS stated that it will continue scheduling visa interviews and issuing nonimmigrant and immigrant visas after recently experiencing technical problems with their visa systems. Further, DOS stated it expects to clear the nonimmigrant visa backlog early this week.

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Tagged with: DOS, Nonimmigrant Visas, Technical Problems
Posted in Immigrant Visas, In The News, Nonimmigrant Visas

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

Posted on June 1, 2015 by Jenna Stras Baranko — 1 Comment ↓

U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The decision held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

Posted on June 1, 2015 by Jenna Stras Baranko — No Comments ↓

Effective May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant during this period.

Premium processing requests filed prior to May 26, 2015 will be processed by USCIS. However, USCIS will refund the premium processing fee if:

Visa Bulletin for June 2015 Issued

Posted on May 13, 2015 by Jenna Stras Baranko — No Comments ↓

The Visa Bulletin for June 2015 has been issued by the Department of State. There was forward movement in most employment-based and family-based visa categories.

Also announced in the bulletin, the Kentucky Consular Center has registered and notified the winners of the DV-2016 diversity lottery, which makes available 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.

For more information, please read the June 2015 Visa Bulletin here.

Jenna is an Intern with the firm and is not a practicing attorney.

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Tagged with: Department of State, Diversity Lottery, Visa Bulletin June 2015
Posted in In The News

Update on Pre-Clearance at Airports

Posted on May 11, 2015 by Marcy Stras — No Comments ↓

Airline travel can be a long, unpleasant process. Long lines are part of the problem. In the past, frequent fliers received complimentary TSA PreCheck status, but no more.

To make your future travel easier, review the Department of Homeland Security Trusted Traveler programs to see which program meets your traveling needs. Note that if you apply for Global Entry, you do not need to apply for TSA PreCheck.

While no one is guaranteed expedited entry, these programs will improve your odds and hopefully make your summer vacation travel a little easier. For more information about the programs, click here.

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Tagged with: Department of Homeland Security Trusted Traveler programs, Global Entry, TSA PreCheck
Posted in In The News

Cuba Update

Posted on April 15, 2015 by Marcy Stras — No Comments ↓

President Obama has asked Congress to take Cuba off the list of countries that sponsor terrorism. The President made a formal recommendation to Congress, setting in motion a 45-day review process during which lawmakers can take steps to block the move. However, Congress is not expected to block it and lawmakers would have to enact a joint resolution to do so, which the President could then veto. Removing Cuba from the list will eliminate some sanctions, including restrictions on foreign assistance, a ban on defense exports and other financial regulations, though the embargo will remain in place.

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Tagged with: President Obama Formal Recommendation, Terrorism, U.S. - Cuba Relations
Posted in In The News