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USCIS

USCIS Continues to Accept FY 2010 H-1B Petitions

WASHINGTON – April 8, 2009,  USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap.  USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree or higher educational exemption cap.

Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met.  The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.  The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date.

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USCIS Initiates Procedures for Unaccompanied Children Seeking Asylum

(1 vote, average: 5.00 out of 5)

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced it is now responsible for initial adjudication of applications for asylum from *Unaccompanied Alien Children. Some of these children previously would have been required to file for asylum in immigration court with the Executive Office for Immigration Review in the Department of Justice.

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Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions

Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act before they may hire a foreign national to work in the H-1B specialty occupation category.

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USCIS Announces New Requirements for Hiring H-1B Foreign Workers

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category. 

The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

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USCIS Meets Another Milestone in Eliminating FBI Name Check Backlogs

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that, working in close partnership with the Federal Bureau of Investigation (FBI), the backlog for FBI name checks pending more than six months has been eliminated.  This is the fourth milestone met by the agency as part of its joint plan with the FBI to completely eliminate the backlog of pending name checks.

Just 16 months ago, more than 349,000 name checks were pending; of that, nearly 150,000 had been pending for more than six months.  All USCIS requests pending for six months or more as of February 28, 2009, have now been responded to by the FBI’s National Name Check Program (NNCP).   

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REPUBLICAN VS. DEMOCRAT: Platforms On Immigration
These are hard times for Americans, especially for immigrants.  The current financial crisis has dominated the media’s headlines and the political...
Resurrecting the Dead: Humanitarian Reinstatement of I-130 Petitions
The long waiting time for immigrant visa processing is an issue of important interest to Filipinos. The Philippines is one of the countries with the...
My house will be on foreclosure sale next week, help!
QUESTION: My situation is very desperate. I have been behind in our mortgage payments for over a year now. When I receive a Notice of Trustee Sale...
Dos and Don’ts
If you just arrived in the U.S. and you dream of staying here permanently, here are some of the things that you should do and not do:1.  Before...
Qualifying for an EB-2 Visa with a Bachelor's Degree
There are several employment based visa categories that allow for immigration to the US.  Some categories are more over subscribed than others...
Bankruptcy versus loan modification
QUESTION: The bank sent me a notice of default today. We have been behind in our mortgage payments for four months. Our principal loan is now...
Representation in removal proceedings
ONE of the more frightening moments in an immigrant’s life is the prospect of being removed from the United States and separated from friends and...
The New Anti-Foreclosure Law, Civil Code Section 2924
Question:  I lost my job for 5 months ago, due to companywide restructuring. I have desperately tried to look for employment, but to no avail....
Parent’s right to change child’s residence to another state in custody cases
Parents that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be...
USCIS Opens International Adjudications Support Branch in California
Introduction U.S. Citizenship and Immigration Services (USCIS), through its International Operations Division, recently opened a new support branch...
Major banks signed up with Pres. Obama loan modification plan
QUESTION: What major banks signed up for Pres. Obama Loan Modification Plan?Answer: The Treasury Department announced the first six participants to...
The RN contract trap
(Part 2 of 2)THIS is the second of a two part article on RNs who immigrate to the U.S. and find themselves the subject of penalizing employment...
Why is the date of separation significant in divorce cases?
The date of separation is one of the most litigated issues in a divorce case. Its determination can have a significant economic consequence in the...
EB-3 Visas Now Available!
Visas are now available for EB-3 employment-based petitions based on the recently issued October 2008 visa bulletin.  EB-3 visas have been...
RN: Should I stay or should I go?
Dear Atty. Palacios:I am a tourist and a registered nurse from the Philippines and I just passed the NCLEX-RN exam. My I-94 will expire on September...
New relief for widows and widowers of deceased US Citizens
TODAY I had the plea-sure of taking a client to her legal permanent residency interview. You should ask me, "So what attorney? This happens every...
Napolitano confirmed as Head of DHS
Janet Napolitano was swiftly and easily confirmed as the new Secretary of the Department of Homeland Security (DHS) on the same day that Barack Obama...

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Balikbayan Magazine Issue 9 Vol. 1 November

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