USCIS released, on January 28, 2010, a recent report conducted by an outside research firm, Westat, on the accuracy of E-Verify with respect to identifying illegal workers, among other classes of workers run through the E-Verify system. The E-Verify evaluation is part of an ongoing effort to evaluate E-Verify's accuracy. The Report's Findings The report [...]
Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions [...]
We wrote in late October and early November of 2009 about the USCIS Ombudsman's recommendation that USCIS (1) accept H-1B filings without a certified LCA but with a proof of filed and pending LCA and (2) to excuse late H-1B filings where the delay in filing was caused by pending LCA or employer's Federal Employed [...]
Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions [...]
In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]
About EB-5 and the Regional Center Program In 1990, the U.S. Congress created the fifth employment-based preference category (EB-5) for qualified foreign entrepreneurs seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs. The basic amount required to invest is $1 million, although that [...]
In a December 14, 2009, meeting, USCIS has provided some helpful information about the current state of the EB-5 program. I-526 Premium Processing Possible Later in the Year A review of the question of reinstating premium processing for I-526 petitions will be done during the second quarter of 2010. USCIS will reinstate premium processing if [...]
Almost four months after USCIS launched its redesigned website, the USCIS Ombudsman office is setting up a conference call to discuss the good, the bad and the ugly of USCIS' website, in general, and of the redesign, in particular. Our office will sit on this conference call to share our thoughts and comments with the [...]
Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions [...]
In a November 2009 AILA meeting, Mr. Charlie Oppenheim, who is Chief of the Immigrant Visa Control and Reporting Division at the Department of State (or also known as the person who determines the visa bulletin dates), has indicated some ways in which the visa bulletin numbers will move over the next few months. Mr. Oppenheim’s [...]