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Agencies & Liaison
Department of Homeland Security
Summary of DACA Implementation Survey Results
(512 KB - 12/13/2012)
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation. AILA Doc. No. 12121349.
AILA Doc. No. 12121349.
AILA Wants to Hear Your DACA Success Stories!
Do you have a client who has been granted deferred action under the DACA initiative? Tell AILA! AILA Doc. No. 12111343.
AILA Doc. No. 12111343.
USCIS Data on Cap-Subject H-1B Petitions (10/4/12)
(937 KB - 10/24/2012)
USCIS data, compiled on 10/4/12, on cap-subject H-1B petitions for fiscal years 2009-2012, including number of petitions received, approved, denied, withdrawn, and administratively closed. Obtained through FOIA, courtesy of David Rubman. AILA Doc. No. 12102441.
AILA Doc. No. 12102441.
USCIS Data on Cap-Subject H-1B Petitions (1/27/12)
(1254 KB - 10/24/2012)
USCIS data, compiled on 1/27/12, on cap-subject H-1B petitions for fiscal years 2010-2012 (through first quarter), including number of petitions received, approved, denied, revoked, and withdrawn. Obtained through FOIA, courtesy of David Rubman. AILA Doc. No. 12102440.
AILA Doc. No. 12102440.
AILA USCIS Field Operations Practice Pointer: You Can Never Have Too Many G-28s
AILA Field Operations liaison committee informs members that due to antiquated computer systems, USCIS requires separate G-28s for each application or petition. Attorneys should keep extra G-28s for each client in case USCIS requests additional proof of representation. AILA Doc. No. 12102360.
AILA Doc. No. 12102360.
Practice Alert: Filing Deadlines for OPT Applications (Updated 10/19/12)
Practice alert from the AILA Students and Scholars Committee, warning members that USCIS is taking a more restrictive approach to filing deadlines for F-1 Optional Practical Training (OPT) applications, which is resulting in unexpected denials. AILA Doc. No. 12072441.
AILA Doc. No. 12072441.
Did You Receive an RFE in a DACA Case? Tell AILA!
AILA requests examples of RFEs issued by USCIS in Deferred Action for Childhood Arrival (DACA) cases. AILA Doc. No. 12101741.
AILA Doc. No. 12101741.
AILA/USCIS Field Operations Liaison Q&As (10/16/12)
(616 KB - 10/16/2012)
USCIS Field Operations official Q&As from a meeting with AILA on 10/4/12. Topics include NSEERS guidance, NTA issuance, RFE vs. NOID vs. denial, G-28s, biometrics, expedited advance parole, termination of conditional resident status, and more. AILA Doc. No. 12100546.
AILA Doc. No. 12100546.
AILA Model Comment for Employers on Proposed Revisions to Form I-9
Model comment for employers on the USCIS proposed revisions to Form I-9. Comments are due by 10/15/12. Special thanks to the Business Committee and the Verification and Documentation Liaison Committee. AILA Doc. No. 12101150.
AILA Doc. No. 12101150.
AILA/USCIS HQ Liaison Q&As (10/9/12)
(599 KB - 10/10/2012)
Official minutes of the 10/9/12, AILA liaison meeting with USCIS HQ. Topics include transition to paperless I-94, processing times, Entrepreneurs in Residence, H-1B “specialty occupation,” Adam Walsh Act, ability to pay, physical therapists, NTAs for TPS denials, and more. AILA Doc. No. 12101045.
AILA Doc. No. 12101045.
Practice Alert: The Correct I-765 Eligibility Category Under DACA
USCIS reminds stakeholders to use the correct eligibility category on Form I-765 for work authorizations under DACA, which is not the same eligibility category as work authorizations under regular deferred action. AILA Doc. No. 12100846.
AILA Doc. No. 12100846.
Practice Alert: Ongoing Issues with USCIS E-mail Alerts
AILA Liaison continues to receive reports from AILA members of issues with USCIS’s Case Updates e-mail notification system. AILA Doc. No. 12091841.
AILA Doc. No. 12091841.
USCIS Data on Cap-Subject H-1B Petitions (8/14/12)
(1314 KB - 9/24/2012)
USCIS data, compiled on 8/14/12, on cap-subject H-1B petitions for fiscal years 2008-2012 (through third quarter), including number of petitions received, approved, denied, and withdrawn. Obtained through FOIA, courtesy of David Rubman. AILA Doc. No. 12092448.
AILA Doc. No. 12092448.
Change in DHS Policy on False Claims to USC by Minors on the Horizon
AILA has learned that DHS is in the process of changing its policy on false claims to USC by minors. We believe the new policy will protect certain minors from a false claim charge, and understand that written guidance is forthcoming. Watch InfoNet for further details. AILA Doc. No. 12091949.
AILA Doc. No. 12091949.
Practice Pointer: USCIS Alert of G-28 Data Transmission Issue
AILA Liaison has received reports from members have difficulty with G-28s not being recognized by USCIS. USCIS posted an alert on their website indicating that a technical issue is to blame for issues between August 20, 2011 and October 7, 2011. AILA Doc. No. 12091846.
AILA Doc. No. 12091846.
First Wave of DACA Grants Started
DHS has advised AILA that the first adjudications of requests for deferred action for childhood arrivals have been completed, and electronic notifications are being sent. AILA Doc. No. 12091150.
AILA Doc. No. 12091150.
Practice Alert: TRIG Exemption for Certain Individuals With Existing Immigration Benefits
AILA Asylum and Refugee Committee practice alert on who is eligible for the TRIG exemption for certain individuals with existing immigration benefits, announced in an 8/17/12 notice in the Federal Register. AILA Doc. No. 12091149.
AILA Doc. No. 12091149.
DHS Advises On Various DACA Process Questions
Information from DHS on DACA process issues includes expected timing of process, handling of denials, and upcoming FAQ. AILA Doc. No. 12090747.
AILA Doc. No. 12090747.
Call for Examples: RFES for Employment Verification Letter
AILA Liaison is requesting examples of RFEs from NSC requesting a more detailed employment verification letter for an I-140. AILA Doc. No. 12082950.
AILA Doc. No. 12082950.
Practice Pointer: How to Get an Artist a Full Three Years
(474 KB - 8/28/2012)
This practice pointer explores how to get an O-1 artist three years of status, and provides steps that petitioners can take to qualify for the three-year maximum duration of an O-1 petition. Special thanks to the FACES Committee. AILA Doc. No. 12082845.
AILA Doc. No. 12082845.
Practice Alert: Iran Nuclear Threat Reduction Bill Impacts Certain Iranian F-1 Students
Practice alert on the impact of the Iran Nuclear Threat Reduction Bill, which denies visas to Iranian citizens seeking higher education in the U.S. to prepare for a career in Iran’s energy or nuclear sectors. Special thanks to the AILA Students and Scholars Committee. AILA Doc. No. 12081743.
AILA Doc. No. 12081743.
Call for Examples: Denials of H-1B COS for J-2s
The AILA Healthcare Committee is looking for examples where the J-2 dependent of a J-1 international medical graduate received a denied of an H-1B change of status following the approval of the J-1's waiver application pursuant to INA 214(l). Doc. No. 12080847.
AILA Doc. No. 12080847.
PIP, Deferred Action, or Joint MTR Denied After Military Honorable Discharge? AILA Wants to Know!!
AILA liaison requests examples from members where parole-in-place, deferred action, or a joint motion to reopen were denied solely on the basis that the honorably discharged U.S. service member was no longer in active duty. If you have a case to share, please let AILA know!! AILA Doc. No. 12080360
AILA Doc. No. 12080360.
Check out AILA’s EB-5 Featured Topic on InfoNet!
The AILA EB-5 Liaison Committee reminds members to check out the EB-5 Featured Topic on InfoNet. Also, the committee requests members to send EB-5 RFEs and issues to the committee. AILA Doc. No. 12080146.
AILA Doc. No. 12080146.
Practice Pointer: NIV Options for Nurses
(472 KB - 7/11/2012)
This practice pointer explores the nonimmigrant visa options currently available for nurses. Special thanks to Rio Guerrero and the AILA Healthcare Professionals/Physicians Committee. AILA Doc. No. 12071147.
AILA Doc. No. 12071147.
New Policy for State TEA Designations in California
The AILA EB-5 Liaison Committee provides a practice pointer on California’s new policy for providing customized Targeted Employment Area (TEA) certifications. AILA Doc. No. 12062747.
AILA Doc. No. 12062747.
USCIS To No Longer Reject H-1Bs Where DOL Signature Missing on Certified LCA
After consulting with DOL, USCIS has agreed to not reject H-1B petitions where the accompanying LCA was certified by DOL but is missing DOL’s signature. Cases that were rejected for this reason prior to USCIS learning of this issue may be resubmitted. AILA Doc. No. 12060860.
AILA Doc. No. 12060860.
Asylum Office Guide – Best Practices
(680 KB - 6/8/2012)
A best practices guide to each USCIS Asylum Office, including information on contact information, interview wait times, rescheduling requests, submitting additional documents, circuit rides, and practice tips. Special thanks to the AILA Asylum & Refugee Committee. AILA Doc. No. 12060844.
AILA Doc. No. 12060844.
Inching Closer to the H-1B Cap
H-1B numbers are going fast. A review of known data suggests that for planning purposes, submission of H-1B petitions for delivery to service centers by Monday, June 11, 2012 may be prudent. AILA Doc. No. 12060756.
AILA Doc. No. 12060756.
FOIA Reveals H-1B Data for FY 2010-FY 2012
(1996 KB - 6/7/2012)
Records released in response to a FOIA request for H-1B data for FY 2010, FY 2011, and FY 2012. Special thanks to David Rubman. AILA Doc. No. 12060755.
AILA Doc. No. 12060755.
Cap-Subject H-1B Filing Pace Accelerates
Four weeks ago, USCIS received an average of 840 non-master's cap-subject petitions per day. Last week it averaged 1800 a day. How long will the numbers last? AILA Doc. No. 12060551.
AILA Doc. No. 12060551.
AILA Model Comment on Provisional ULP Waiver (Updated 5/29/12)
Model comment on the USCIS proposed rule which will allow certain immediate relatives of USCs to request a provisional waiver prior to departing the U.S. for consular processing of the immigrant visa. Comments due by 6/1/12. AILA Doc. No. 12052451.
AILA Doc. No. 12052451.
AILA/USCIS Field Operations Liaison Q&As (3/21/12) (Updated 5/18/12)
(645 KB - 5/18/2012)
USCIS Field Operations official Q&As from a meeting with AILA on 3/21/12. Topics include K-1 AOS after
Matter of Sesay
, FDNS site visits, I-551 stamps on I-829s, communication with field offices, I-130 interviews, 11/7/11 NTA memo, organizational charts, and more. AILA Doc. No. 12050847.
AILA Doc. No. 12050847.
FOIA Reveals USCIS Training Materials on L-1 Intracompany Transferees
(11373 KB - 5/16/2012)
Records released in response to a FOIA request for USCIS L-1 training materials. Documents include PowerPoint slides and related text, copies of USCIS memoranda and DOS cables, and relevant excerpts from the USCIS Academy’s Training Manual. Special thanks to Eric Bord. AILA Doc. No. 12051670.
AILA Doc. No. 12051670.
USCIS Takes Steps to Correct Improperly Rejected Employment-Based I-485s
USCIS has informed AILA Liaison that a small number of employment-based I-485s were given an incorrect “received” date and were improperly rejected because of regressed visa dates. USCIS will notify the impacted applicants individually to correct the improper rejections. AILA Doc. No. 12051648.
AILA Doc. No. 12051648.
Tell Us Your Thoughts on the Proposed Revisions to Form I-9
The AILA Verification & Documentation Liaison Committee is preparing comments on the proposed revisions to Form I-9, Employment Eligibility Verification, and would like to hear from AILA members with their thoughts on the proposed changes and the form in general. AILA Doc. No. 12051048.
AILA Doc. No. 12051048.
Practice Pointers for Healthcare Immigration Cases
(872 KB - 5/2/2012)
A series of practice pointers aimed at assisting AILA members in successfully navigating the complexities of preparing and filing nonimmigrant and immigrant petitions for foreign physicians. Special thanks to the AILA Healthcare Professionals/Physicians Committee. AILA Doc. No. 12050246.
AILA Doc. No. 12050246.
Call to All AILA Members: RFEs on "Tenant Occupancy" Sought
The AILA EB-5 Committee requests RFEs issued by USCIS that challenge the “tenant occupancy methodology.” AILA Doc. No. 12041048.
AILA Doc. No. 12041048.
AILA Memo to USCIS on “Tenant Occupancy” Announcement
(521 KB - 4/10/2012)
A 3/26/12 memo from AILA in response to USCIS’s 2/17/12 “tenant occupancy” announcement on policy regarding indirect job creation using tenant occupancy economic methodology. Special thanks to the AILA EB-5 Committee. AILA Doc. No. 12041042.
AILA Doc. No. 12041042.
H-1B Cap-Subject Petitions Received by USCIS
AILA Liaison learned at a CSC/VSC stakeholder engagement on 4/5/2012 that USCIS has received 22,323 cap-subject H-1B petitions as of 4/4/2012. Approximately 25% of the cases are for U.S. advanced degrees. AILA Doc. No. 12040553.
AILA Doc. No. 12040553.
AILA Memorandum to USCIS Interprets H-1B “Specialty Occupation”
(609 KB - 4/4/2012)
A 4/4/12 memo from AILA raises concerns regarding USCIS’s restrictive interpretation of “specialty occupation” and “body of highly specialized knowledge” in H-1B decisions and asks USCIS to take steps to bring adjudications in line with the statute and regulations. AILA Doc. No. 12040451.
AILA Doc. No. 12040451.
USCIS Q&As from AILA Meeting (3/29/12)
(610 KB - 3/30/2012)
USCIS Q&As from its 3/29/12 meeting with AILA Liaison. Topics include preponderance of evidence standard, entrepreneurs and small businesses, EAD and the asylum clock, AAO, customer service, lockbox issues, and more. AILA Doc. No. 12033045.
AILA Doc. No. 12033045.
AILA Submits Comments to USCIS on I-9 Central
(526 KB - 3/14/2012)
AILA letter to the USCIS Verification Division, lauding the agency’s I-9 Central website, but suggesting a number of important changes to ensure the accuracy and reliability of information presented. Special thanks to the AILA Verification & Documentation Committee. AILA Doc. No. 12031431.
AILA Doc. No. 12031431.
AILA Liaison USCIS E-Verify Meeting Minutes (4/5/11)
(56 KB - 3/8/2012)
Minutes from the AILA Verification & Documentation Liaison Committee’s April 5, 2011 meeting with USCIS E-Verify. Topics include data sharing, mergers and acquisitions, level 3 letters, Self Check, FAR, and more. Special thanks to Eileen Scofield and Josie Gonzalez. AILA Doc. No. 12030866.
AILA Doc. No. 12030866.
Are Petitions for Owner-Beneficiaries Getting Approved? AILA Wants to Know
AILA Liaison wants to know if petitions for owner-beneficiaries are getting approved. Please provide both approvals and denials. AILA Doc. No. 12020760.
AILA Doc. No. 12020760.
AILA Memorandum to USCIS Interprets L-1B “Specialized Knowledge”
(308 KB - 1/25/2012)
A 1/24/12 memo from AILA to USCIS reviews the history of L-1B specialized knowledge and highlights the IMMACT 90 changes to multinational businesses and intracompany transferees, exposing the serious flaws in the AAO’s current approach. Special thanks to the L-1 Task Force. AILA Doc. No. 12012560.
AILA Doc. No. 12012560.
Practice Alert: Use the Most Current Version of the N-336
AILA Liaison has been informed by USCIS that a very high number of N-336 forms have been filed using extremely outdated versions. AILA encourages members to always check the USCIS website and submit the most recent version of a form to USCIS. AILA Doc. No. 12011762.
AILA Doc. No. 12011762.
AILA/USCIS Field Operations Liaison Q&As (10/25/11)
(139 KB - 1/10/2012)
Official minutes of the 10/25/11, AILA liaison meeting with USCIS Field Operations. Topics include AOS for IRs under VWP, I-551 stamps, I-751s, I-829s, biometrics and fingerprinting, removal proceedings, I-131s, MTRs, 204(l), NSEERS, AR-11s, I-601s, and more. AILA Doc. NO. 12011061.
AILA Doc. No. 12011061.
AILA FAQs on USCIS Announcement to Implement Stateside Processing of Unlawful Presence Waivers
(138 KB - 1/6/2012)
AILA FAQs on USCIS Notice of Intent to provide provisional unlawful presence waivers for certain immediate relatives. AILA Doc. No. 12010620.
AILA Doc. No. 12010620.
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