October

Blog Posts in October, 2013

  • DOL Following Government Shutdown

    Following the government shutdown, the iCERT and PERM portals were re-started on Friday, October 18, 2013, but remain slow and spotty. Users have reported that Labor Condition Applications (LCAs) that were submitted in late September (roughly 9/23 to 9/27) that remain pending. The Office of Foreign Labor Certification (OFLC) Help Desk has indicated that PERM applications, where the automatic ...
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  • Investment Scams Hit Fast-Growing EB-5 Immigrant Investor Program

    Confirm that the regional center has been designated by USCIS. Obtain copies of documents provided to USCIS. Request investment information in writing. Ask if promoters are being paid. Seek independent verification. Examine structural risk. Consider the developer’s incentives. Look for waning signs of fraud, including but not limited to: Promise of a visa or becoming lawful permanent resident. ...
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  • I-130 Transferred from National Benefits Center to Service Centers

    USCIS recently began transferring some casework from the National Benefits Center to the Nebraska, Texas and California Service Centers to balance overall operational workload. At this point, the following casework is affected: I-130 Petition for Alien Relatives, filed by U.S. citizens for their eligible immediate relative (spouse, child, or parent). The workload transfer will not change your ...
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  • How Your Immigration Services are Affected by the 2013 Government Shutdown

    As of October 1, 2013, the U.S. federal government is officially partially shut down. The partial government shutdown will impact immigration services across a number of different government agencies. In this article we address the impact of the shutdown on petitions, visas, and labor certifications. USCIS All USCIS offices are open and will continue to accept and process applications and ...
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  • Update on Comprehensive Immigration Reform

    On October 1, 2013, the American Immigration Lawyers Association (AILA) has provided an analysis on four (4) possible legislative scenarios that currently exist in light of the stalemate in Congress on the Comprehensive Immigration Reform. 1. Discharge Petition on Senate Bill 744 At this juncture, U.S. Senate has passed the Senate Bill 744 - Border Security, Economic Opportunity and Immigration ...
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  • Procedure for Transferring Pending I-485 From One Preference Category to Another

    Hypothetical: the Principal Beneficiary and his Derivative Spouse filed I-485 applications based on the Principal Beneficiary’s approved I-140 under EB-3. Before the I-485s were adjudicated, the priority date retrogressed. The Derivative Spouse, who has been working on EAD, became the beneficiary of an approved I-140 under EB-2 with a priority date that is current. What is the procedure for the ...
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