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Updates Questions and Answers Fact Sheets Media Contacts Alerts Outstanding Americans by Choice * Home > * NEWS Printer Friendly USCIS Update: Temporary Acceptance of H-1B Petitions Without Department of Labor Certified Labor Condition Applic

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL). 

USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified.  Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications.  Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS.  DOL expects that the current increase in LCA processing times is temporary. 

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USCIS Revises Form I-601, Application for Waiver

USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible. In the previous edition of Form I-601, information about grounds of inadmissibility could only be found of the form's instructions. 

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USCIS Clarifies Requirements for Agents Filing as Petitioners for the O and P Visa Classification

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

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USCIS Naturalization Test to Become Fully Implemented

U.S. Citizenship and Immigration Services (USCIS) is reminding the public that beginning Oct. 1, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

“Becoming a United States citizen carries with it extraordinary rights and responsibilities,” said USCIS Director Alejandro Mayorkas.  “Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.” 

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USCIS Announces Publication of New Notice of Entry of Appearance forms for Attorneys or Accredited Representatives

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that a revised Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) and the new Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States (Form G-28I) has been issued.

USCIS will provide a 30-day grace period for the Form G-28, until Oct. 30, so that Forms G-28 currently in the mail will be considered valid when received at the USCIS Lockbox facility or USCIS Service Center. After Oct. 30, any prior versions of the Form G-28 that are received will be considered invalid. All Forms G-28 filed before Oct. 30, will be honored for previously filed cases as long as the Forms G-28 were properly completed by an eligible attorney or accredited representative. The new Form G-28 is not required for receiving updates or interviews unless a new attorney is representing the applicant.

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Page 1 of 10
Entry visas that create adjustment problems
Previously, we talked about the ramifications of entering on a C or D visa. This time we will discuss the import of entry on a K or a J visa or...
Sunset Date to Affect Regional Center Proposals Under the Immigrant Investor Pilot Program
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds customers that the applicable provisions of immigration law concerning the...
Understanding the L-1 visa
TODAY, we are going to discuss another type of nonimmigrant visa that might apply to your case. There is a nonimmigrant working visa available to...
H1B holders have an exciting opportunity with a new Canadian permanent Residency Program
In January of 2009, Alberta Canada officially announced that it had approved a Fast Track Program designed for U.S H1B workers to gain Landed...
Loan modification while in foreclosure process
Question: May a borrower request loan modification while in foreclosure?Answer: Yes. A foreclosure process starts when you received a Notice of...
Why it’s a good idea to have an attorney for your interview or hearing
(Part 1)MANY people had relative petitions filed for them by family members (such as spouse, parent, brother, sister, etc.). After waiting anxiously...
You may be a citizen and not know it!
You are probably wondering how it is possible for a person to be a US citizen and not know it. Someone who is a naturalized citizen would probably...
H1B Holders have an Exciting Opportunity with a New Canadian Permanent Residency Program
(In January of 2009, Alberta, Canada officially announced that it had approved a Fast Track Program designed for U.S H1B workers to gain Landed...
January 2009 Visa News
IN this issue, we will discuss the visa bulletin for January 2009, and other important developments in immigration. January 2009 State Department...
Resurrecting the dead: Humanitarian reinstatement of I-130 petitions
The long waiting time for immigrant visa processing is an issue of important interest to Filipinos. The Philippines is one of the countries with the...
Getting a green card without going through labor certification
Extraordinary individual petitions (EB-1) are an extremely quick route to a green card. Petitioners need not go through the labor certification...
Changing separate property to community property for estate planning purposes and its consequences upon divorce
Spouses during both before and during marriage may agree to change the character of any of their property—from separate property to community...
Changing employers while on an H-1B Visa
ARE you feeling tied down to your current job because of your H-1B visa? Did you receive a job offer from a different company but don’t know what...
The September 2009 Priority Dates
Petitions by Citizens:The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age)...
Representation in removal proceedings
ONE of the more frightening moments in an immigrant’s life is the prospect of being removed from the United States and separated from friends and...
How to effectively avoid or respond to a PERM audit
SINCE March 2005, the US Department of Labor (DOL) has been processing Permanent Labor Certification applications under the Program Electronic Review...
Cancellation of removal for certain non-permanent residents
Certain non-permanent residents who have been in the United States for 10 years and are subject to removal in Immigration Court may apply for relief...

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Balikbayan Magazine Issue 9 Vol. 1 November

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