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Agencies & Liaison
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Prevailing Wage Practice Pointer for Physician Cases
(976 KB - 9/16/2014)
AILA Healthcare Professionals/Physicians Committee practice pointer provides guidance and tips in obtaining appropriate wage data for healthcare professionals, whether required for a J-1 waiver, H-1B petition, or labor certification application.
AILA Doc. No. 14091650.
Call for Examples: O and P Petition RFEs (Updated 9/9/14)
Have you received an RFE for an O or P petition filed within the last two months? For an agency issue? On a renewal petition? Requesting information already submitted in the petition? On a O or P petition pending over 30 days? AILA Liaison wants to know!
AILA Doc. No. 14022642.
Practice Alert: Duplicate Biometrics Appointment Notices (Updated 8/27/14)
USCIS is aware of the issue of duplicate biometrics notices being issued in some cases and has stated that if a duplicate notice is received and the client has already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment.
AILA Doc. No. 14082642.
AILA EB-5 Alert: USCIS Updates ELIS Process for Filing Form I-526
(676 KB - 8/22/2014)
AILA EB-5 Liaison Committee provides a practice alert on USCIS updates to the ELIS system for filing Form I-526. The committee also requests feedback from members who file I-526 petitions through this latest version of ELIS by e-mailing firstname.lastname@example.org, subject line, “ELIS I-526 Feedback.”
AILA Doc. No. 14082240.
Notes from CIS Ombudsman 2014 Annual Report Webinar
(846 KB - 8/19/2014)
AILA notes from CIS Ombudsman’s 7/30/14 webinar presentation to stakeholders about their annual report. Topics include provisional waivers, SIJ adjudications, DACA, employment-based issues, AAO, SAVE, G-28s, ELIS, processing times, USCIS Customer Service requests, and fee waivers.
AILA Doc. No. 14081941.
Call for Examples: L-1A RFEs, NOIDs, and Denials
Have you received an RFE, NOID, or Denial for an L-1A petition filed within the last four months? On a renewal petition? Requesting information already submitted in the petition? On an issue of the value of evidence? Submit your examples today!
AILA Doc. No. 14081940.
Call for Questions: Upcoming Meeting with USCIS Field Operations
The AILA USCIS Field Operations Liaison Committee is in the process of preparing for its fall liaison meeting with USCIS Field Operations, and would like to hear about problems you are experiencing at your local USCIS field office. Responses needed by 8/4/14.
AILA Doc. No. 14073046.
USCIS Response to FOIA Appeal Reveals Additional CSC L-1B Denial Templates
USCIS records released on 7/29/14 in response to AILA’s FOIA appeal requesting California Service Center (CSC) L-1B template letters used to deny L-1B nonimmigrant petitions.
AILA Doc. No. 14073040.
Send Us Your Feedback on the May 2013 USCIS EB-5 Adjudications Policy Memorandum
The AILA EB-5 Committee is soliciting member feedback on issues that the 5/30/13 USCIS EB-5 adjudications policy memorandum leaves unresolved. Responses needed by 08/26/14.
AILA Doc. No. 14072943.
AILA Liaison Notes from Teleconference with USCIS Customer Service (5/30/14)
(572 KB - 7/28/2014)
AILA notes from a 5/30/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, NCSC, Secure Mail Initiative, inaccurate information on online case status system (CRIS), and SRMT issues.
AILA Doc. No. 14072842.
AILA Liaison Notes from Teleconference with USCIS Customer Service (2/21/14)
(527 KB - 7/28/2014)
AILA notes from a 2/21/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, online processing times, Secure Mail Initiative, CRIS, and premium processing receipt dates.
AILA Doc. No. 14072841.
EB-5 Alert: CCTV Accusations against Bank of China—and Potential Impact on EB-5 Investors
AILA EB-5 Liaison Committee alert that CCTV recently issued a report, which has since been withdrawn, accusing the Bank of China of acting inappropriately in providing services to aid wealthy Chinese citizens in converting very large sums of currency and transferring them abroad.
AILA Doc. No. 14072545.
AILA EB-5 Alert: BEA Update on RIMS II and Impact on EB-5 Job Models
AILA EB-5 Liaison Committee provides a practice alert on the U.S. Bureau of Economic Analysis’s (BEA) plan to update the original RIMS II model. The committee advises members who counsel regional centers to urge their clients to investigate the impact of RIMS II changes with a qualified economist.
AILA Doc. No. 14072540.
NRC Practice Pointer: FOIA Requests for Form I-130 (Updated 7/22/14)
The USCIS National Records Center (NRC) has confirmed that for a FOIA request seeking a complete (unredacted) copy of Form I-130, Petition for Alien Relative, a G-28 and/or consent must be completed by both the petitioner and beneficiary of the petition.
AILA Doc. No. 13082842.
Practice Alert: Approval Notices Issued without I-94 Card (Updated 7/10/14)
AILA has received numerous reports of extension and change of status approval notices being received that do not contain an I-94 card at the bottom of the document, and the issue has been raised with the VSC and CSC for resolution. Watch InfoNet for additional updates.
AILA Doc. No. 14070848.
Call for Case Examples: USCIS Case Transfer Problems
AILA is collecting examples of cases in which USCIS has taken longer than 60 days to transfer a file either between Service Centers (including NBC) or from a Service Center to a Field Office. Please complete the following questions and submit your examples by July 7, 2014.
AILA Doc. No. 14070160.
Problems Getting USCIS to Recognize Your G-28? AILA Wants to Know! (Updated 6/13/14)
AILA is collecting examples of cases in which the attorney has had problems getting USCIS to recognize a properly completed G-28.
AILA Doc. No. 14042142.
Summary from AILA Liaison Meeting with USCIS Transformation (4/9/14)
(612 KB - 6/11/2014)
Summary from the 4/9/14 meeting between AILA Liaison and the Office of Transformation Coordination and the Customer Service and Public Engagement Directorate. Summary provides principal themes and a list of AILA suggestions regarding USCIS ELIS.
AILA Doc. No. 14061140.
FOIA Reveals USCIS I-601A Training Materials
USCIS released training materials and guidance in March 2014 in response to a FOIA request filed by AILA for materials related to the adjudication of Form I-601A, Application for Provisional Unlawful Presence Waiver.
AILA Doc. No. 14060651.
Resources on Revised I-693 Medical Exam Policy
On May 30, 2014, USCIS announced that effective June 1, 2014, the validity period of Form I-693 medical examination will be limited to one year from the date of submission to USCIS. However, applicants will no longer be required to file the I-693 as initial evidence with the adjustment application.
AILA Doc. No. 14053045.
BIA Precedent Decisions on Extreme Hardship
(10344 KB - 5/16/2014)
A 10/5/12 list of BIA precedent decisions related to immigrant waivers of inadmissibility and the evaluation of extreme hardship. This list was released to AILA in response to a FOIA request for I-601A provisional waiver training materials. The cases referenced in the list are also attached.
AILA Doc. No. 14051653.
AAO Decisions on Extreme Hardship
(2145 KB - 5/16/2014)
Three AAO cases evaluating extreme hardship that were released to AILA in response to a FOIA request for I-601A provisional waiver training materials in 2014.
AILA Doc. No. 14051652.
USCIS Training Slides on I-601As: General Overview
(999 KB - 5/16/2014)
An April 2013 USCIS PowerPoint presentation used to train adjudicators by providing a general overview of the I-601A provisional unlawful presence waiver process. Obtained by FOIA.
AILA Doc. No. 14051648.
USCIS Training Slides on I-601As: Inadmissibility Overview
(1562 KB - 5/16/2014)
An undated USCIS PowerPoint presentation used to train adjudicators on grounds of inadmissibility and waivers in the adjudication of I-601A provisional unlawful presence waivers. Obtained by FOIA.
AILA Doc. No. 14051647.
USCIS Training Slides on I-601As: Extreme Hardship and Discretion
(1831 KB - 5/16/2014)
A February 2013 USCIS PowerPoint presentation used to train adjudicators on evaluating extreme hardship and making discretionary determinations in the I-601A provisional unlawful presence waiver process. Obtained by FOIA.
AILA Doc. No. 14051646.
USCIS PowerPoint Slides on I-601As: General Overview
(1647 KB - 5/16/2014)
An undated USCIS PowerPoint presentation providing a general overview of the I-601A provisional unlawful presence waiver process including eligibility, filing tips, and adjudication information. Obtained by FOIA.
AILA Doc. No. 14051645.
USCIS Standard Operating Procedures for Form I-601A (Version 1)
(1932 KB - 5/16/2014)
USCIS Standard Operating Procedure (SOP) Version 1 for Form I-601A, Application for Provisional Unlawful Presence Waiver, received via FOIA. Manual is dated 3/4/13 and provides applicable statutory and regulatory provisions, resources, and procedural guidance.
AILA Doc. No. 14051644.
USCIS Training Slides on I-601A Standard Operating Procedures
(3118 KB - 5/16/2014)
January 2013 USCIS PowerPoint presentation used for training adjudicators on the I-601A provisional unlawful presence waiver Standard Operating Procedures. Obtained by FOIA.
AILA Doc. No. 14051641.
AILA/USCIS Field Operations Liaison Q&As (4/10/14)
(906 KB - 5/8/2014)
USCIS Field Operations Q&As from a 4/10/14 liaison meeting. Topics include: same-sex marriage adjudications, CIV, SAVE corrections, interview rescheduling and delays, parole-in-place adjudications,
Matter of Arrabally/Yerrabelly
, Hague adoptions, SIJ adjudications, and Field Office updates.
AILA Doc. No. 14050844.
FOIA Reveals Post-DOMA USCIS Training Materials
(4425 KB - 5/6/2014)
Records released on 04/21/14 in response to a FOIA request for training materials on the treatment of cases involving same-sex marriages following the Supreme Court’s decision to strike down Section 3 of DOMA in U.S. v. Windsor. Training materials include Instructor Guide and PowerPoint slides.
AILA Doc. No. 14050549.
FOIA Reveals CSC L-1B Denial Templates
(3551 KB - 5/2/2014)
USCIS records released on 05/02/14 in response to a FOIA request for California Service Center (CSC) L-1B template letters used to deny L-1B nonimmigrant petitions.
AILA Doc. No. 14050245.
AILA/USCIS HQ Liaison Q&As (04/10/2014)
(663 KB - 5/2/2014)
Official questions and answers from the 04/10/14 AILA liaison meeting with USCIS HQ. Topics include L-1B adjudications, I-130 backlog, provisional waivers, DACA, Entrepreneurs in Residence initiative, DACA, CSPA, travel during the H-1B CAP-GAP period, USCIS Policy Manual update, and AC21.
AILA Doc. No. 14050243.
USCIS Standard Operating Procedures for Form I-601A (Version 1.1)
(1954 KB - 5/2/2014)
USCIS Standard Operating Procedure (SOP) Version 1.1 for Form I-601A, Application for Provisional Unlawful Presence Waiver, received via FOIA. Manual is dated 3/14/13 and provides applicable statutory and regulatory provisions, resources, and procedural guidance.
AILA Doc. No. 14050241.
I-601A Process at the NBC and Adjudication Worksheet Received Via FOIA
(737 KB - 5/2/2014)
USCIS process and adjudication worksheet for Form I-601A, Application for Provisional Unlawful Presence Waiver, received via a FOIA request on 03/24/14. Includes anticipated processing times, expected volume of I-601As, expedite criteria, Field Office impact, and notification of interview.
AILA Doc. No. 14050240.
Send Us Your Feedback on Electronic Filing of I-526 EB-5 Petitions
The AILA EB-5 Committee is soliciting member experiences filing I-526 EB-5 petitions electronically using the USCIS ELIS system. Please send us details – good and bad – relating to your experience with such filings.
AILA Doc. No. 14041606.
Direct EB-5 Investment: The Murky Areas
(610 KB - 4/16/2014)
EB-5 practice pointer alerts attorneys to unanswered questions relating to EB-5 direct investment cases and offers suggestions for resolving them.
AILA Doc. No. 14041604.
Call for Examples: Adjustment of Status Following Travel on Advance Parole
Have a client who filed for AOS after traveling on advance parole? AILA is gathering examples to determine how USCIS is implementing
Matter of Arrabally and Yerrabelly
in the adjudication of adjustment applications and whether clients are experiencing problems returning on advance parole.
AILA Doc. No. 14040942.
H-1B Practice Alert: Certified LCA Must be Included with Petition
SCOPS confirmed with AILA on 3/26/14 that only H-1B petitions filed with a certified LCA will be considered properly filed.
AILA Doc. No. 14032601.
Summary of EB-5 Stakeholder Teleconference (2/26/14)
(556 KB - 3/19/2014)
Summary of the 2/26/14 USCIS EB-5 stakeholder teleconference, including an assessment of the EB-5 program at present. Special thanks to Robert Divine.
AILA Doc. No. 14031948.
FY2015 H-1B Filing Tips and Resources (Updated 3/13/14)
(667 KB - 3/13/2014)
In preparation of the Fiscal Year 2015 H-1B Nonimmigrant Visa season, AILA Liaison updates its practical filing tips with additional links to previously posted InfoNet documents relating to the subject.
AILA Doc. No. 09022730.
AMPTP Revises O-1/O-2 Consultation Instructions
(946 KB - 3/10/2014)
ACES Committee alert that The Alliance of Motion Picture & Television Producers (AMPTP) updated instructions to be followed starting 03/17/14 when requesting a consultation in connection with an O-1 or O-2 petition for an individual in motion pictures or television.
AILA Doc. No. 14031049.
Trouble Getting Information from NCSC on an Asylum-Related Application? AILA Wants to Know! (Updated 3/6/14)
AILA is seeking specific case examples of members who have called NCSC regarding an asylum-related application and have been told that the officer is unable to provide any information regarding an I-589-related application because it is related to an I-589 application. Examples needed by 3/31/14.
AILA Doc. No. 14011540.
FOIA Reveals USCIS Statistics on L-1B Petitions for FY2012 and FY2013
(490 KB - 3/5/2014)
USCIS records released on 02/26/14 in response to a FOIA request for statistics on the number of L-1B nonimmigrant petitions received, approved, and denied, as well the number of L-1B petitions for which a RFE was issued. The L-1B denial rate for FY2012 was 30% and increased in FY2013 to 34%.
AILA Doc. No. 14030543.
Reminder: Deadline for Requesting Reopening of DOMA-Based Denials Is March 31, 2014
AILA Liaison reminds members of the March 31, 2014 deadline for requesting that USCIS reopen petitions or applications based on marriages between same-sex couples that were denied prior to February 23, 2011.
AILA Doc. No. 14022842.
Statistics of S Immigrant and Nonimmigrant Visas
(752 KB - 2/25/2014)
Data released through FOIA on S immigrant and nonimmigrant applications since 2007, broken down by fiscal year and granting agency. Special thanks to the South Florida AILA Chapter.
AILA Doc. No. 14022547.
DACA Checklist/Worksheet Received Via FOIA
(2062 KB - 2/25/2014)
USCIS checklist and worksheet for Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), received via a FOIA request. Special thanks to Charles Kuck.
AILA Doc. No. 14022546.
Practice Alert on USCIS Renewal Information for Individuals Granted DACA By ICE
(515 KB - 2/21/2014)
AILA practice alert on a 2/19/14 notice from USCIS with renewal information for individuals granted DACA by ICE between 6/15/12 and 8/15/12. This notice does not apply to the vast majority of DACA recipients who received DACA through USCIS after 8/15/12.
AILA Doc. No. 14022141.
AILA Liaison Notes from Teleconference with USCIS Customer Service (12/20/13)
(568 KB - 2/20/2014)
AILA notes from the 12/20/13 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including proper completion of Form G-28 and G-28 barcode functionality, payment of the Immigrant Visa Fee through ELIS, CRIS, processing time reports, and lost LPR cards.
AILA Doc. No. 14022047.
Practice Pointer: USCIS Field Office Procedures for I-130 Appeals
AILA practice pointer outlining the procedures that USCIS field offices follow when processing an I-130 appeal and transferring the file to the Board of Immigration Appeals. Special thanks to the USCIS Field Operations and ICE Liaison Committees.
AILA Doc. No. 14021060.
Send Us Your Questions Relating to USCIS Field Office Operations
The AILA USCIS Field Operations Liaison Committee is seeking agenda items for its upcoming spring liaison meeting with USCIS Field Operations. Please submit your questions by Thursday, February 13, 2014.
AILA Doc. No. 14020642.
USCIS to Release Revised N-400 on February 4, 2014
AILA has been alerted that USCIS will be releasing a revised N-400, Application for Naturalization, on Tuesday, February 4, 2014.
AILA Doc. No. 14020371.
Joint Letter from AILA/ASISTA in Response to USCIS Teleconference on U Visa Cap
(512 KB - 1/27/2014)
Joint letter from AILA and ASISTA with follow-up questions from the USCIS stakeholder teleconference on 12/11/13 on the processing of U visa cases after the U visa cap has been met, including comments on the use of parole, one-step work permits, and requiring photos for derivatives abroad.
AILA Doc. No. 14012740.
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