BALCA Upholds Denial Based on Procedural Grounds

2018-10-25T14:53:19+00:00Oct 25, 2018|

BALCA found that when an employer requests review by BALCA, rather than filing a MTR, BALCA is only bound to consider information before the CO upon denial and the employer is prevented from supplementing the record with information. (Matter of University of California-Berkeley, 8/30/18)  Read BALCA decision(PDF).

USCIS Using Tablets to Administer the English Reading and Writing Tests for Naturalization

2018-10-05T16:32:47+00:00Oct 5, 2018|

On Oct. 1, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews as part of the agency’s ongoing business modernization efforts. Although USCIS applicants already use digital tablets to sign or verify parts of their applications, this new approach expands tablet usage, allowing the device to be used [...]

BALCA Upholds Denial Based on Newspaper Ads with Multiple Openings

2018-09-28T16:39:38+00:00Sep 28, 2018|

BALCA found that while a single ad may be used for more than one position, it does not sufficiently apprise U.S. workers of an opportunity if it does not include the position’s title and includes a careless summary of duties and requirements. (Matter of Igate Global Solutions, 8/30/18). Read BALCA decision(PDF).

DHS Final Rule Increasing the Premium Processing Fee

2018-08-31T14:39:56+00:00Aug 31, 2018|

DHS final rule is increasing the premium processing fee charged by USCIS. DHS is increasing the fee by 14.92 percent, from $1,225 to $1,410. This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. https://www.gpo.gov/fdsys/pkg/FR-2018-08-31/pdf/2018-19108.pdf

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays

2018-08-29T15:39:06+00:00Aug 29, 2018|

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions. While H-1B premium [...]

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

2018-08-10T16:27:40+00:00Aug 10, 2018|

USCIS has published a revised final policy memorandum related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M non-immigrants who fall out of status and timely file for reinstatement of that status will [...]

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

2018-07-16T02:47:11+00:00Jul 16, 2018|

USCIS has posted a policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. This updated [...]

USCIS Redesigns Citizenship and Naturalization Certificates

2018-06-05T16:34:54+00:00Jun 5, 2018|

High-Tech Features Create More Secure Documents USCIS began issuing redesigned Certificates of Citizenship and Naturalization. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. The new certificate design was piloted at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, [...]

USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

2018-06-04T14:33:35+00:00Jun 4, 2018|

AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS's posted processing times. Previously, USCIS had [...]

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