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USCIS

USCIS Continues to Accept FY 2010 H-1B Petitions

WASHINGTON – April 8, 2009,  USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap.  USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.

Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met.  The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.  The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.

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USCIS Initiates Procedures for Unaccompanied Children Seeking Asylum

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WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it is now responsible for initial adjudication of applications for asylum from *Unaccompanied Alien Children. Some of these children previously would have been required to file for asylum in immigration court with the Executive Office for Immigration Review in the Department of Justice.

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Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act before they may hire a foreign national to work in the H-1B specialty occupation category.

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USCIS Announces New Requirements for Hiring H-1B Foreign Workers

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category. 

The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

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USCIS Meets Another Milestone in Eliminating FBI Name Check Backlogs

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that, working in close partnership with the Federal Bureau of Investigation (FBI), the backlog for FBI name checks pending more than six months has been eliminated.  This is the fourth milestone met by the agency as part of its joint plan with the FBI to completely eliminate the backlog of pending name checks.

Just 16 months ago, more than 349,000 name checks were pending; of that, nearly 150,000 had been pending for more than six months.  All USCIS requests pending for six months or more as of February 28, 2009, have now been responded to by the FBI’s National Name Check Program (NNCP).   

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Balikbayan Magazine Issue 9 Vol. 1 November