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2010

  • USCIS Federal Holiday Closures (12/22/2010)
    USCIS has confirmed to AILA Liaison that all Lockboxes and Service Centers will be closed on December 24, 2010, and December 31, 2010. AILA Doc. No. 10122232.
    AILA Doc. No. 10122232.
  • Suspension of I-129 Export Controls Questions (12/22/2010)
    AILA Liaison has learned that USCIS has suspended the requirement that H-1B, H-1B1, L, O-1A petitioners complete the export controls/ITAR questions on the I-129 form. AILA Doc. No. 10122231.
    AILA Doc. No. 10122231.
  • AILA Practice Alert: USCIS on Problems with Online Case Tracking (12/20/2010)
    The AILA USCIS Liaison Committee reports on problems with the Customer Relationship Interface System (CRIS), USCIS’s online case status tracking system, and the Service’s plans to address such problems. AILA Doc. No. 10122078.
    AILA Doc. No. 10122078.
  • AILA Liaison Update on USCIS Acceptance of New Form I-129 (Updated 12/20/10) (12/20/2010)
    Contrary to earlier guidance, USCIS has just informed AILA Liaison that it will accept previous editions of Form I-129 that are postmarked on or before 12/22/10. The new 11/23/10 revised Form I-129 will be required for all petitions postmarked on or after 12/23/10. AILA Doc. No. 10121649.
    AILA Doc. No. 10121649.
  • AILA Practice Tip: Requesting Return of Original Documents from USCIS (12/20/2010)
    The AILA CSC Liaison Committee advises members on asking USCIS to return original documents that were submitted in support of an application or petition. AILA Doc. No. 10122071.
    AILA Doc. No. 10122071.
  • AILA Practice Alert: Filing H-1B Cap Cases in Light of E-Filing Suspension (12/17/2010)
    AILA Liaison reminds members to review filing strategies for cap-subject H-1B and other time-sensitive petitions in light of temporary suspension of e-filing for Forms I-129 and I-907. AILA Doc. No. 10121740.
    AILA Doc. No. 10121740.
  • USCIS Temporarily Suspends E-Filing for Forms I-129 and I-907 (12/17/2010)
    USCIS announced that e-filing for Forms I-129 and I-907 has temporarily been suspended. AILA Doc. No. 10121730.
    AILA Doc. No. 10121730.
  • Minutes from USCIS I-130 Stakeholder Call(490 KB - 12/16/2010)
    The Rome District Chapter provided their minutes from a USCIS stakeholder call on November 24, 2010, which addressed the proposal to centralize the filings of all I-130 applications within the U.S. AILA Doc. No. 10121450.
    AILA Doc. No. 10121450.
  • AILA Practice Pointer: New Export Control Attestation Requirement(61 KB - 12/15/2010)
    AILA liaison provides guidance on the export control attestation requirement on the new Form I-129, which is required for H-1B, H-1B1, L-1 and O-1A petitions received by USCIS on or after December 23, 2010. Special thanks to the Export Advisory Task Force. AILA Doc. No. 10121531.
    AILA Doc. No. 10121531.
  • AILA Announces Export Controls Advisory Task Force (12/8/2010)
    AILA has formed an export controls advisory task force regarding export licensing on the revised Form I-129. Please contact AILA if you have ideas or questions for a practice advisory or potential audio seminar regarding export licensing. AILA Doc. No. 10120848.
    AILA Doc. No. 10120848.
  • How to File a Complaint with the DHS Office for Civil Rights and Civil Liberties (12/3/2010)
    The AILA CRCL Liaison Committee urges members to file complaints with CRCL in cases involving alleged abuses of civil rights, civil liberties, or profiling on the basis of race, ethnicity, or religion by DHS employees. AILA Doc. No. 10120365.
    AILA Doc. No. 10120365.
  • Everything You Always Wanted to Know About EB-5 Regional Centers(79 KB - 12/3/2010)
    AILA EB-5 Committee member Tammy Fox-Isicoff answers questions about the risks and benefits of investing in a USCIS designated Regional Center under the EB-5 immigrant investor program. AILA Doc. No. 10120361.
    AILA Doc. No. 10120361.
  • Reminder: I-129 Effective Date 30-Day Transition Period (11/23/2010)
    USCIS has confirmed to AILA liaison that there is a 30-day transition period to December 22, 2010, for the new I-129 even though the forms page of the USCIS website states that prior versions are not accepted. AILA Doc. No. 10112372.
    AILA Doc. No. 10112372.
  • AILA/USCIS Committee Notes on 10/12/10 Meeting(417 KB - 11/18/2010)
    AILA/USCIS Liaison Committee offers committee comments for the meeting with USCIS on October 12, 2010. The comments provided are from the AILA/USCIS committee and are not responses of USCIS. AILA Doc. No. 10111870.
    AILA Doc. No. 10111870.
  • AILA Liaison/USCIS Meeting Q&As (10/12/10)(375 KB - 11/17/2010)
    Questions and answers from the 10/12/10 meeting between USCIS HQ and AILA liaison. USCIS responses address the RFE Task Force, NTA Task Force, AAO, lockbox, L-1B adjudications, AC21 H-1B extensions for spouses, transfer of files between service centers and more. AILA Doc. No. 10111731.
    AILA Doc. No. 10111731.
  • AILA Practice Alert: NCSC Updates and Issues (11/12/2010)
    AILA Liaison offers further information on common issues with the National Customer Service Center (NCSC). AILA Liaison continues to inform the NCSC leadership of problems at the NCSC in an effort to resolve issues. Please contact AILA Liaison regarding further examples. AILA Doc. No. 10111262.
    AILA Doc. No. 10111262.
  • What is the New I-485 Adjustment of Status Fee for a Child Under 14? (11/9/2010)
    AILA is aware that the new filing fees go into effect on 11/23/10 and that the USCIS Fact Sheet does not list the filing fee for a minor child under 14. AILA Doc. No. 10110935.
    AILA Doc. No. 10110935.
  • Changes at USCIS Office of Chief Counsel (11/8/2010)
    AILA Liaison has been informed that USCIS Chief Counsel Roxana C. Bacon has resigned. Watch InfoNet for further details. AILA Doc. No. 10110931.
    AILA Doc. No. 10110931.
  • AILA Letter to USCIS on Gender Change for Transgender Individuals(504 KB - 10/14/2010)
    A 10/14/10 letter from AILA to USCIS requesting that the AFM be amended to parallel FAM language regarding gender change on immigration documents for transgender individuals. AILA also requests that guidance be issued. AILA Doc. No. 10101441.
    AILA Doc. No. 10101441.
  • USCIS Advises on Filing Location of Concurrent Religious Worker I-360/I-485 Applications (10/1/2010)
    USCIS advised that concurrent filing of religious worker adjustment of status applications, which will continue to be accepted until around 10/11/10, should be filed with the Phoenix or Dallas Lockbox, depending on the state in which the petitioner/applicant resides. AILA Doc. No. 10100167.
    AILA Doc. No. 10100167.
  • Changes in Leadership of USCIS Office of Field Operations and CIS Deputy Ombudsman (9/29/2010)
    AILA has learned that Debra Rogers, currently Associate Director of Field Operations at USCIS, will take over the position of Deputy CIS Ombudsman, effective October 10, 2010. AILA Doc. No. 10092967.
    AILA Doc. No. 10092967.
  • USCIS Advises AILA on Priority Adjudication of H-1B Cap-Subject Cases (Updated 9/29/10) (9/29/2010)
    USCIS has advised AILA that the Vermont Service Center and the California Service Center have begun devoting additional resources to the adjudication of pending cap-subject H-1B petitions in an attempt to bring their processing times within 60 days as soon as possible. AILA Doc. No. 10092338.
    AILA Doc. No. 10092338.
  • AILA Wants to Know: Have Your Clients' Civil Liberties or Rights to Due Process Been Violated? (9/10/2010)
    Is CBP, ICE, or USCIS trampling on your clients’ due process rights or civil liberties? If so, the AILA/CRCL Liaison committee wants to know in order to inform the DHS Office of Civil Rights and Civil Liberties of possible violations. Let your voice be heard! AILA Doc. No. 10091063.
    AILA Doc. No. 10091063.
  • USCIS Response to AILA Inquiry on Draft Internal Memo Leak (8/2/2010)
    USCIS statement regarding the unauthorized release of a draft internal memorandum discussing administrative relief options in the absence of comprehensive immigration reform. AILA Doc. No. 10080263.
    AILA Doc. No. 10080263.
  • New Developments in EB-5s(105 KB - 7/27/2010)
    Ron Klasko, Chair of AILA’s EB-5 Committee, presents developments/clarifications in EB-5 processing taken from EB-5 stakeholders meetings and memoranda from June 2009 through June 2010. Topics include condition removal, Regional Centers, new commercial enterprise, and more. AILA Doc. No. 10072763.
    AILA Doc. No. 10072763.
  • USCIS Advises of Erroneous Haitian TPS Beneficiary EADs (6/3/2010)
    AILA Liaison received the information from USICS’ Office of Public Engagement, Community Relations, regarding EADs for Haitian TPS beneficiaries which have been issued with early expiration dates. AILA Doc. No. 10060366.
    AILA Doc. No. 10060366.
  • Business Litigation Committee End of Year Report 2009-2010 (5/26/2010)
    Report detailing the work of AILA's Business Litigation committee, including information on issues the committee is actively tracking and those that have been considered for litigation over the 2009-2010 AILA year. AILA Doc. No. 10052630.
    AILA Doc. No. 10052630.
  • USCIS Online Case Status and E-Filing Issues (Updated 5/13/10) (5/13/2010)
    AILA liaison has informed USCIS that members are reporting that they are being locked out of USCIS Case Status Online. AILA Doc. No. 10051261.
    AILA Doc. No. 10051261.
  • USCIS Reports Naturalization and Adjustment Background Check Processing Issues Resolved (4/29/2010)
    AILA learned and inquired with USCIS last week regarding background check processing issues for I-485 and N-400 cases. AILA Doc. No. 10042930.
    AILA Doc. No. 10042930.
  • USCIS Experienced Website Problems (4/28/2010)
    The USCIS website recently experienced problems during a website upgrade. Due to the issue, the e-filing system broke down, and various memos temporarily disappeared from the site. AILA Doc. No. 10042867.
    AILA Doc. No. 10042867.
  • Received RFE, NOID or Denial for a NIW Petition Filed on Behalf of a Specialist Physician Not Working in a Physician Scarcity Area (PSA)? AILA Wants to Know! (4/21/2010)
    AILA’s Healthcare Committee is looking for examples of recent RFE’s, Notices of Intent to Deny, or Denials for NIW petitions filed on behalf of foreign physicians who are specialists whose employment will take place in a HPSA or MUA rather than a PSA. AILA Doc. No. 10042161.
    AILA Doc. No. 10042161.
  • AILA Memo to USCIS: Determining Employer-Employee Relationship in Third-party Placement Settings(272 KB - 3/19/2010)
    Memo from AILA to USCIS presenting legal arguments on the definition of employer-employee relationships in third-party placement settings. AILA Doc. No. 10031931.
    AILA Doc. No. 10031931.
  • USCIS Office in Ciudad Juarez Reschedules Appointments (3/16/2010)
    USCIS Office at Ciudad Juarez is rescheduling appointments that were scheduled for March 16, 2010, and March 19, 2010. AILA Doc. No. 10031668.
    AILA Doc. No. 10031668.
  • AILA Liaison On H-1B, LCA, and PWD (3/11/2010)
    USCIS denied AILA Liaison’s request to continue in the acceptance of certain LCAs that are uncertified for H-1B cases. USCIS has asked AILA for examples of H-1B petition denials or rejections due to the LCA receipt "no-match" problem. AILA Doc. No. 10031132.
    AILA Doc. No. 10031132.
  • AILA-USCIS Liaison Committee Advises Regarding RFE Issues at Lockboxes (3/8/2010)
    The AILA-USCIS Liaison Committee has received clarification from USCIS regarding issues with RFEs and the Lockbox. AILA Doc. No. 10030860.
    AILA Doc. No. 10030860.
  • New Filing Procedures Do Not Eliminate Concurrent Filings (2/26/2010)
    USCIS clarifies where to file a form I-824 or I-765 when filing concurrently with other forms. AILA Doc. No. 10022610.
    AILA Doc. No. 10022610.
  • Practice Tip: What Matter of Treasure Craft Really Means (2/25/2010)
    AILA’s USCIS–Benefits Policy Liaison Committee prepared this Practice Tip regarding USCIS’ application of Matter of Treasure Craft. AILA Doc. No. 10022560.
    AILA Doc. No. 10022560.
  • AILA Liaison Update on USCIS Forms Validity (Updated 2/3/10) (2/3/2010)
    Following reports that USCIS posted revisions to Form I-140, Form I-129S, Form I-751, Form I-601 and Form N-470 that indicate that prior versions are not accepted, AILA liaison requested clarification from USCIS. AILA Doc. No. 10020220.
    AILA Doc. No. 10020220.
  • Stakeholder/USCIS Q & As (1/26/10)(77 KB - 1/29/2010)
    The Q&As address VAWA, T and U Visas, H-1B1 numbers, H-1Bs, I-90 rejections, I-90s for 14 year olds, delayed biometric notices, Secure Mail Initiative (SMI), cap gap for J-1s, and more. AILA Doc. No. 10012963.
    AILA Doc. No. 10012963.
  • AILA Liaison Memo Re NIV Owners/Beneficiaries(312 KB - 1/27/2010)
    Memo from AILA's USCIS liaison committee to USCIS' chief counsel presenting legal arguments on eligibility for nonimmigrant status of owners of substantial interests in the petitioning company. That aspect of the 1/8/10 Neufeld memo is addressed. AILA Doc. No. 10012760.
    AILA Doc. No. 10012760.
  • TPS Registration Process for Haitians (1/15/2010)
    In a telephonic briefing on 1/15/10, USCIS Director Mayorkas indicated that Federal Register publication of the notice that will start the registration process for TPS for Haitian nationals is expected to occur next week. AILA Doc. No. 10011577.
    AILA Doc. No. 10011577.
  • USCIS Q & A from Stakeholder Session with AILA EB-5 Committee and Invest in the USA(99 KB - 1/4/2010)
    On 12/14/09, USCIS participated in a stakeholder session with the American Immigration Lawyers Association EB-5 Committee and Invest in the USA. This document provides questions posed by the stakeholders and the answers provided by USCIS during this meeting. AILA Doc. No. 10010462.
    AILA Doc. No. 10010462.