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AILA Liaison Notes from Teleconference with USCIS Customer Service (12/2/14)
(531 KB - 1/5/2015)
AILA notes from 12/2/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including: the new myUSCIS system, DACA renewal processing times, Secure Mail Initiative and LPR card issues, and Lockbox procedures.
AILA Doc. No. 15010543.
Call to All AILA Members: Questions Sought for USCIS Field Operations Liaison Meeting
The AILA Field Operations Liaison Committee is seeking questions for its spring liaison meeting with the USCIS Field Operations Directorate. Please submit your proposed agenda questions by 1/30/15.
AILA Doc. No. 15012043.
Call For Examples: DACA Renewal Applications Pending Over 120 Days (Updated 1/20/15)
AILA is collecting examples of DACA renewal cases in which the renewal Form I-821D has been pending over 120 days. Please complete the questions and upload a copy of your I-821D receipt notice.
AILA Doc. No. 14102044.
Practice Alert: Beware the Preparer’s Declaration on the New I-129 Form
(517 KB - 1/15/2015)
AILA Practice Alert advising members that the new version of USCIS Form I-129 (Ed. 10/23/14), which becomes mandatory on May 1, 2015, contains a new “Preparer’s Declaration” that appears to place duties on the preparer that are much higher than that which was required on prior editions of the form.
AILA Doc. No. 15011543.
USCIS Postpones Date When New I-129 Form Will Be Required (Updated 1/9/15)
USCIS released a new I-129 Form, containing an edition date of 10/23/14. On 1/9/15, USCIS changed the date after which it would only accept the 10/23/14 edition from 2/23/15 to 5/1/15.
AILA Doc. No. 14120207.
Practice Pointer: Cap Exemption for Nonprofits Affiliated with Qualifying Institutions of Higher Education
(826 KB - 12/29/2014)
AILA Healthcare Professionals/Physicians Committee practice pointer reviews USCIS policies on cap exemption and provides best practices for proving H-1B cap exemption based on affiliation with a U.S. institution of higher education.
AILA Doc. No. 14122941.
Urgent Call for DACA Denial Examples
AIC is looking for sympathetic examples of DACA applications that have been denied where the following checkbox on the template denial is marked: “You have not established that you warrant a favorable exercise of prosecutorial discretion.” Responses needed by 12/18/14.
AILA Doc. No. 14121700.
AILA Liaison Seeking Examples of Lockbox Receipting Delays
AILA Liaison is seeking examples of cases that were timely delivered to the USCIS Lockbox but not considered “received” by USCIS until the day after delivery. Specifically, AILA is collecting examples of cases that were negatively impacted by the delay.
AILA Doc. No. 14121600.
Summary of EB-5 Stakeholder Meeting (12/5/14)
(573 KB - 12/12/2014)
Summary of the 12/5/14 USCIS EB-5 stakeholder meeting. Topics include highlights of FY2014, processing times, currency exchange transactions, changes in RC affiliation, retrogression, job creation, SEC, ELIS, source of funds, and investments.
AILA Doc. No. 14121200.
Practice Alert: Erroneous USCIS Case Status E-mails
AILA members report receiving outdated or erroneous USCIS case status e-mails for pending applications and petitions. AILA has contacted USCIS about this issue and will report back with additional information as soon as it becomes available.
AILA Doc. No. 14121001.
Call for Examples: Delayed Processing of Forms I-90
AILA Liaison is seeking examples of cases in which a Form I-90, Application to Replace Permanent Resident Card was filed with USCIS over seven months ago, and the application remains pending.
AILA Doc. No. 14112442.
Practice Alert: New Address for EB-5 RFE Response Submissions
Practice alert from the EB-5 Liaison Committee based on an e-mail from the USCIS Immigrant Investor Program stating that the EB-5 Program office has moved locations and all EB-5 RFE responses should be submitted to the new address.
AILA Doc. No. 14112045.
Call for Examples: EAD Adjudication Delays
AILA and the American Immigration Council have received reports of EAD applications pending beyond the regulatory 90-day processing period and are exploring potential strategies to address the delays. To assess the problem, we are collecting examples of non-DACA-based cases still pending.
AILA Doc. No. 14111253.
Call for Examples: Failure of USCIS to Recognize Attorney Withdrawal
AILA is seeking examples of cases where the attorney of record withdrew from representation but still continues to receive notices and correspondence from USCIS about the case. If you have experienced this, please complete our survey.
AILA Doc. No. 14110344.
Practice Pointer: H-1B Petitions for Nurses
(887 KB - 11/3/2014)
AILA Healthcare Professionals/Physicians Committee practice pointer reviews USCIS policies on nurses and provides concrete suggestions for best preparing an H-1B petition for a nurse.
AILA Doc. No. 14110340.
AILA Interagency Committee Meeting Minutes (4/25/14)
(781 KB - 10/30/2014)
Minutes from the 4/25/14 AILA Interagency Liaison Committee meeting with EOIR, USCIS, and ICE. Topics include provisional waiver adjudications, I-130 petitions and biometrics appointments for individuals in proceedings, misrepresentation waivers under INA §237(a)(1)(H), and U visa coordination.
AILA Doc. No. 14103045.
AILA Liaison Notes from Teleconference with USCIS Customer Service (8/28/14)
(794 KB - 10/29/2014)
AILA notes from a 8/28/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, G-28s, EAD expedites, ASC appointment notices, lockbox, and the production and delivery of permanent resident cards.
AILA Doc. No. 14102960.
EB-5 Practice Alert: Failure to File I-924A Leads to Notice of Intent to Terminate
(511 KB - 10/22/2014)
AILA’s EB-5 Liaison Committee offers a practice alert regarding USCIS’ issuance of intent to terminate notices due to regional centers’ failure to file a Form I-924A or for not promoting economic growth. Practice alert notes that FY2014 annual reports must be filed no later than 12/29/14.
AILA Doc. No. 14102243.
AILA/USCIS Field Operations Liaison Q&As (10/9/14)
(768 KB - 10/10/2014)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings,
Matter of Arrabally/Yerrabelly
, processing time reports, and availability of InfoPass appointments.
AILA Doc. No. 14101041.
AILA/USCIS HQ Liaison Q&As (10/9/14)
(1114 KB - 10/10/2014)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.
AILA Doc. No. 14101040.
Submit Your Examples of Problematic Nonimmigrant Worker Petition RFEs and Denials
In preparation for an upcoming AILA liaison meeting, AILA is looking for examples of problematic nonimmigrant RFEs and denials issued in 2014. Submit your examples today!
AILA Doc. No. 14100744.
Call for Examples: SIJS Cases Where USCIS Questions the Dependency Order
The AILA USCIS Field Operations Liaison Committee requests Special Immigrant Juvenile Status (SIJS) case examples in which USCIS is re-adjudicating or questioning the dependency order issued by the State Court in an RFE, NOID, and/or denial. Submit your case example today!
AILA Doc. No. 14100653.
Practice Alert: Duplicate Biometrics Appointment Notices (Updated 9/26/14)
USCIS is aware that some duplicate biometrics notices have been issued and has provided guidance on how to handle such cases.
AILA Doc. No. 14082642.
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.
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 email@example.com, 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.
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.
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.
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.
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.
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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