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VisaMap gives both the Immigration Practice Group at Murtha Cullina LLP and its clients a central location to aggregate and share knowledge.
By David Carson

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Last Entry: September 16, 2008 at 14:00:39

Visa Bulletin :: September 2008

Posted on August 18, 2008

Visa Bulletin :: July 2008

Posted on June 12, 2008

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USCIS Q & A ? Extension of OPT Period for Qualified F-1 Students

Posted on May 23, 2008
From USCIS.gov. Supplemental Questions & Answers: Extension of Optional Training Program for Qualified Students The U.S. Department of Homeland Security released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students...

Visa Bulletin :: June 2008

Posted on May 15, 2008

USCIS Modifies Application for Employment Authorization

Posted on April 24, 2008
From USCIS.gov. WASHINGTON?U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised Form I-765, Application for Employment Authorization. The form now includes additional eligibility codes. These changes have been made in accordance with the Department of Homeland Security’s recent interim final rule regarding Optional Practical Training (OPT), published on April 8, 2008 in the [...

USCIS Announces Automatic Change of Status for F-1 Students with Approved H-1B Petitions

Posted on April 18, 2008
From USCIS.gov. USCIS To Allow F-1 Students Opportunity To Request Change of Status Short-term, Immediate Measure for Beneficiaries of Selected H-1B Petitions WASHINGTON?U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of status in lieu of [...

USCIS Runs Random Selection Process For H-1B Petitions

Posted on April 14, 2008
U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.

Visa Bulletin :: May 2008

Posted on April 12, 2008

USCIS Releases Preliminary Number Of FY 2009 H-1B Cap Filings

Posted on April 10, 2008
U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree exemption.

Labor Certification - Specialization FAQs, Round 1

Posted on April 08, 2008
From the US Department of Labor. OFLC announced that effective June 1, 2008 it will centralize the filings of it applications. 73 FR 11954 (March 5, 2008). As of that date, permanent labor certification applications (PERM) will be handled by the Atlanta National Processing Center (NPC), and temporary applications (H-2A, H-2B, etc...

Questions and Answers: Extension of Optional Practical Training Program for Qualified Students

Posted on April 04, 2008
From USCIS.gov. Regulations Relating to Practical Training: What is optional practical training? Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student?s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or [...

USCIS Announces Interim Rule on H-1B Visas

Posted on March 20, 2008
With less than two weeks until the H-1B Cap opens, USCIS announced some important rule changes. Click on a link below to jump to the relevant document. USCIS Announces Interim Rule on H-1B Visas Rule Fact Sheet: Changes to the FY2009 H-1B Program Interim Final Rule on Duplicate H-1B Petitions A...

Visa Bulletin :: April 2008

Posted on March 16, 2008
From travel.state.gov –

Recent BALCA Decisions

Posted on February 28, 2008
The Labor Department’s Board of Alien Labor Certification Appeals (BALCA) issued a number of decisions over the past few weeks. These decisions provide some insight into important labor certification issues.

New Background Check Policy for I-485 Applicants

Posted on February 28, 2008
USCIS recently issued a memorandum revising its requirement that an FBI background check be complete before approving some applications, including I-485 applications. From the memorandum: Where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed [...

Higher Civil Fines Against Employers Announced

Posted on February 26, 2008
The Department of Justice announced higher fines for employers who violate immigration laws. There is nothing extraordinary about the fine increase - fines were increased to keep pace with inflation.

Form I-130s Filed With the Chicago Lockbox

Posted on February 19, 2008
All stand-alone I-130 petitions should now be filed with the Chicago Lockbox according to United States Citizenship and Immigration Services (USCIS). The Chicago Lockbox is two post office boxes in Chicago (listed below). Because some couriers will not ship to a post office box, the American Immigration Lawyers Association (AILA) also obtained the Chicago Lockbox [...

Visa Bulletin :: March 2008

Posted on February 18, 2008

USCIS Consolidates Biometrics Appointments for I-485 Applicants

Posted on February 15, 2008
U.S. Citizenship and Immigration Services (USCIS) announced that effective today it will begin consolidating biometrics collection when employment-based adjustment of status applications and employment authorization requests are filed at the same time at one of the Service Centers...

USCIS Hints for Filing a FY 2009 H-1B Cap Case

Posted on February 04, 2008
From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS), anticipating that April 1, 2008 will see a repeat of the mass filings from last year, wishes to offer this list of measures the petitioner can take to ensure that their petition is correctly filed.

Centralized Filing Location for Cap-Exempt H-1B Petitioners

Posted on February 03, 2008
U.S. Citizenship and Immigration Services (USCIS) announced today a new customer service initiative to streamline the adjudication of H-1B petitions. Effective immediately, USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC)...

India Employment Second Preference Becomes ?Unavailable? in February Visa Bulletin

Posted on January 09, 2008
The February 2008 Visa Bulletin was just released and the annual limit for the India EB-2 preference category has become “unavailable”. From the notes of the bulletin, Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months...

Visa Bulletin :: February 2008

Posted on January 09, 2008

India Employment Second Preference Cut-Off Date Retrogression

Posted on December 18, 2007
[Update January 9th, 2008 ] The February 2008 Visa Bulletin was just released and retrogression continued in the EB-2 category for nationals of India. Read about the retrogression, by following this link. We recently posted the January 2008 Visa Bulletin from the State Department...

DOL Backlog Elimination FAQ :: December 2007

Posted on December 18, 2007
The latest round of FAQs on Backlog Elimination from the Department of Labor (DOL) has been reproduced below. The original pdf version is available here (.pdf). See http://www.foreignlaborcert.doleta.gov/ for prior DOL Backlog Elimination FAQs. Backlog Elimination Frequently Asked Questions Round 8 December 2007 1...

Visa Bulletin :: January 2008

Posted on December 14, 2007

?No-Match? Rule Blocked (Updated Nov. 24, 2007)

Posted on November 24, 2007
[UPDATE : October 10, 2007] "No-Match" Rule blocked by California court. "...if allowed to proceed, the mailing of no-match letters, accompanied by DHS?s guidance letter, would result in irreparable harm to innocent workers and employers."

Visa Bulletin :: December 2007

Posted on November 14, 2007

Form I-9 Revised (Effective Dec. 26, 2007)

Posted on November 08, 2007
U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.

DOL FAQ on Backlog Elimination :: October 2007

Posted on November 06, 2007
From http://www.foreignlaborcert.doleta.gov/. Backlog Elimination Frequently Asked Questions October, 2007 (1) Are the Backlog Elimination Centers (BECs) still open, or did they close? As of September 30, 2007, the Backlog in the Permanent Labor Certification program has been eliminated, with nearly 99% of cases completed and the remainder awaiting responses from employers...

USCIS Reminder to Apply for Travel Documents

Posted on October 17, 2007
USCIS Reminder to Apply for Travel Documents “USCIS urges applicants needing a travel document (Reentry Permit, Refugee Travel Document or Advance Parole) to file Form I -131, Application for Travel Document (available online at www. uscis.gov ), before the end of October 2007...

Visa Bulletin :: November 2007

Posted on October 08, 2007

USCIS FAQ on Receipt Delays :: Updated Oct. 12, 2007

Posted on September 28, 2007
From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS) advises customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into our tracking system is behind schedule. As a result, applicants can expect notices of receipt to be delayed...

USCIS Announces New Naturalization Test

Posted on September 27, 2007
From USCIS.gov. U.S. Citizenship and Immigration Services (USCIS) today announced the 100 questions and answers that comprise the civics component of the new naturalization test. USCIS will administer this new test to citizenship applicants beginning in October 2008...

BALCA :: Kellogg Language :: 20 CFR Part 656.17(h)(4)(ii)

Posted on September 25, 2007
BALCA :: Matter of Demos Consulting Group, 2007-PER-00020 (5/16/07) “Since the Alien only qualified for the position under the alternative experience requirement, under section 656.17(h)(4)(ii), the Employer?s application was required to state that any suitable combination of education, training, or experience was acceptable...

No-Match Letter Guidance for Employers (from Immigration and Customs Enforcement)

Posted on September 14, 2007
From http://www.ssa.gov/employer/ICEinsert.pdf Dear Employer: The purpose of this letter is to provide you with additional guidance on how to respond of the enclosed letter from the Social Security Administration (SSA) in a manner that is consistent with your obligations under United States immigration laws...

Visa Bulletin :: October 2007

Posted on September 11, 2007

DV-2009 :: Diversity Visa Program

Posted on September 04, 2007
About 50,000 green cards are given away each year in the Diversity Visa Lottery. Online entry for the next lottery ("DV-2009") begins at Noon EDT on October 3, 2007, and ends at Noon EST on December 2, 2007. Last year, more than 6.4 million entries were received.

Immigration to the United States, 1789-1930 :: Harvard University Library

Posted on August 29, 2007
Immigration to the United States, 1789-1930, is a web-based collection of selected historical materials from Harvard’s libraries, archives, and museums that documents voluntary immigration to the US from the signing of the Constitution to the onset of the Great Depression...

Will it be more difficult to obtain H-1B visas next year?

Posted on August 27, 2007
“The visa squeeze leaves companies scrambling for ways to retain valuable job candidates, including using other types of visas and temporary overseas assignments. Google Inc., which filed more than 300 H-1B applications this year, says it will send 70 new hires who didn’t get visas to overseas offices until it can try again next year...

Visa Bulletin :: September 2007

Posted on August 17, 2007

BIA on ?approvable when filed?

Posted on August 15, 2007
The Board of Immigration Appeals (BIA) dismissed an appeal challenging an earlier finding that an initial visa petition was not "approvable when filed" and therefore did not meet the grandfathering requirements.

?No-Match? Rule Text :: part 274a of 8 CFR

Posted on August 15, 2007
…part 274a of chapter I of title 8 of the Code of Federal Regulations is amended. Section 274a.1(l) is revised to read as follows:

Visa Bulletin :: July 2007 :: FAQ #3

Posted on August 08, 2007
USCIS FAQ #3. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107.

USCIS Filing Fees :: Effective July 30, 2007

Posted on August 03, 2007
Adjustment applications and ancillary benefits ? The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications.Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay [...

Visa Bulletin :: July 2007 :: FAQ #2

Posted on July 27, 2007
USCIS FAQ #2. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107.

Visa Bulletin :: July 2007 :: FAQ #1

Posted on July 23, 2007
USCIS FAQ #1. Employment-Based Adjustment Applications Filed by Aliens Whose Priority Dates are Current under Department of State July Visa Bulletin No. 107.

Revised Processing Procedures for I-485 Applications

Posted on July 17, 2007
USCIS Update :: Revised Processing Procedures for I-485 Applications. WASHINGTON?U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No...

July 2007 Visa Bulletin :: NY Times Editorial

Posted on July 17, 2007
“…even the most seasoned citizens-in-waiting were stunned by the nasty bait-and-switch the federal bureaucracy pulled on them this month. After encouraging thousands of highly skilled workers to apply for green cards, the government snatched the opportunity away...

Visa Bulletin :: August 2007

Posted on July 15, 2007

Maintaining the Priority Date of a Previous Employment-based Immigrant Petition

Posted on July 07, 2007
9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently for the same beneficiary...

Visa Bulletin :: UPDATE ON JULY VISA AVAILABILITY

Posted on July 02, 2007
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates...

9 FAM 42.53 N1 DEFINING ?PROPERLY FILED?

Posted on July 01, 2007
A petition shall be considered properly filed when the completed, signed petition, including all initial evidence and the correct fee is filed with Department of Homeland Security (DHS).

AILA InfoNet Boolean Search

Posted on July 01, 2007
Advanced (Boolean) Search Examples Search Term Example Returns Documents Containing: Phrases in quotation marks “aggravated felony” (quotes required) the phrase “aggravated felony” Asterisk (*) used as Wild Card “aggravated felon*” returns such phrases as “aggravated felony”; “aggravated felonies”; “aggravated felons” Near adjustment near unlawful The words adjustment and unlawful, if they appear in the document within 25 words of one another...

Visa Bulletin :: July 2007

Posted on June 12, 2007

Neufeld Memo :: Removal of the Standardized Request for Evidence (RFE) Processing Timeframe

Posted on June 01, 2007
Neufeld Memo :: Removal of the Standardized Request for Evidence (RFE) Processing Timeframe On April 17, 2007, U.S. Citizenship and Immigration Services (USCIS) published ?Removal of the Standardized Request for Evidence Processing Timeframe? in the Federal Register (FR) as a final rule...

BALCA :: Professional Recruitment :: Appendix A

Posted on April 09, 2007
Orlandi Landscaping Group, 2007-PER-00016. We affirm the CO?s denial of certification on the basis that the Employer failed to properly recruit for a professional occupation, as required under 20 C.F.R. � 656.17(e)(1).

Biometrics Process :: Conditional Permanent Residents

Posted on February 28, 2007
New Biometrics Process for Conditional Permanent Residents Under the old process, following the approval of Form I-751, an approval notice was issued instructing the applicant to appear at a USCIS District Office for processing of his or her Form I-551, Permanent Resident Card (?Green Card?)...

BALCA :: ?Good-faith? Recruitment Effort

Posted on January 19, 2007
Outback Steakhouse, 2005-INA-00096. Although the Employer’s efforts were not vigorous, they were reasonable and constitute good faith efforts under the Act.

H-1B :: AC 21 Guidance :: Sec. 106 :: +1 Yr

Posted on January 05, 2007
Sec. 106. Special Provisions in Cases of Lengthy Adjudications.

H-1B :: AC 21 Guidance

Posted on January 04, 2007
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H-1B :: Aytes Memo Dec. 5, 2006 :: H4 Admission and Remainder Option

Posted on December 05, 2006
Aytes Memo Dec. 5, 2006. Guidance on Determining Periods of Admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States for Over One Year...

H-1Bs and Yale :: Foreign alums cope with visa troubles :: Yale Daily News

Posted on October 05, 2006
“At least 11 of the 113 international students in the Class of 2006 were affected by the H-1B shortage, according to an e-mail survey conducted by OISS Assistant Director Monica Weeks. But that figure is probably an underestimate, as some affected graduates may not have received the e-mail or chosen to respond, she said...

PERM :: Kellogg Language

Posted on September 25, 2006
Francis Kellogg, 1994-INA-465 and 544, 1995-INA 68 (Feb. 2, 1998) (en banc), “where the alien does not meet the primary job requirements, but only potentially qualifies for the job because the employer has chosen to list alternative job requirements, the employer?s alternative requirements are unlawfully tailored to the alien?s qualifications, in violation of [the pre-PERM regulation [...

EB-1 :: ?Permanent Offer of Employment? :: Aytes Memo

Posted on June 07, 2006
Aytes Memo :: June 6, 2006. Guidance on the Requirement of a “Permanent Offer of Employment” for Outstanding Researchers and Researchers.

H-1B :: US Masters Exemption :: Aytes Memo

Posted on May 03, 2006
Aytes Memo :: May 2, 2006 :: US Masters Exemption. H-1B Cap Exemption for Aliens Holding a Master’s or Higher Degree from a U.S. Institution.

AC 21 Guidance :: I-140, I-485 and H-1B :: Aytes Memo

Posted on December 27, 2005
Aytes Memo :: May/December 2005. Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

Interview :: Reschedule / Failure to Appear :: Aytes Memo

Posted on November 23, 2005
Aytes Memo :: November 23, 2005. Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview.

INA 214(b) :: Basis of Refusal Not Equivalent to Inadmissibility or Immigrant Intent

Posted on March 25, 2005
State Department Wire :: March 24, 2005 INA 214(b), Basis of Refusal Not Equivalent to Inadmissibility or Immigrant Intent

245(i) :: Approvable When Filed

Posted on March 09, 2005
Yates Memo :: March 9, 2005 :: Approvable When Filed Clarification of Certain Eligibility Requirements Pertaining to an Application to Adjust Status under Section 245(i) of the Immigration and Nationality Act.

Adjudication of Form I-539 for V-2 and V-3 extension

Posted on January 10, 2005
O?Reilly Memo :: January 10, 2005 IF the only reason for potentially denying an I-539 filed for V-2 or V-3 extension is that the alien has tuned 21, the application shall be approved and the period of admission shall be in accordance with 8 CFR 214.15(g)(1) (granted a period of admission not to exceed two [...

Adjudication of Benefit Applications Involving NSEERS Registrants

Posted on April 02, 2004
Yates Memo :: April 2, 2004 Adjudication of Benefit Applications Involving NSEERS Registrants.

BALCA :: Layoffs :: Compaq

Posted on September 03, 2003
Compaq Decision. “We find that a CO may decline to grant an RIR when an employer which has laid off numerous U.S. workers, limits its consideration of qualified workers to those in a localized facility, and does not address the potential availability of workers from other locations...

H-1B :: AC 21 Guidance :: Yates Memo

Posted on April 24, 2003
Guidance for Processing H-1B Petitions as Affected by the Twenty-First Century Department of Justice Appropriations Authorization Act (Public Law 107-273); Adjudicator’s Field Manual Update AD 03-09 -Yates Memo :: April 24, 2003 (.pdf)

EOS/COS Bridge :: Authorized Stay :: Cook Memo

Posted on March 27, 2003
Interpretation of “Period of Stay Authorized by the Attorney General” in determining “unlawful presence” under INA section 212(a)(9)(B)(ii). -Authorized Stay :: Cook Memo :: March 27, 2003 (.pdf)

Utilization of ?Dormant? H-1B Approvals

Posted on April 24, 2002
Approved H-1B petitions remain valid until they either expire or are revoked by the Immigration and Naturalization Service. -Hernandez Letter (to Sheela Murthy) :: Apr. 24, 2002 (.pdf, 4 pgs)

Social Security Cards and the Adjudication of H-1B Petitions

Posted on November 20, 2001
The Purpose of this memorandum is to provide field offices with guidance on the adjudication of H-1B petitions where the beneficiary is unable to obtain a state license because he or she is not in possession of a social security card. -Cook Memo :: November 20, 2001(...

H-1B AC21 Guidance :: Pearson Memo :: June 19, 2001

Posted on June 19, 2001
H-1B AC21 Guidance :: Pearson Memo :: June 19, 2001. Initial Guidance for Processing H-1B Petitions as Affected by the “American Competitiveness in the Twenty-First Century Act” (Public Law 106-313) and Related Legislation (Public Law 106-311) and (Public Law 106-396).

Revision of March 14, 2000 Dual Intent Memorandum

Posted on May 25, 2000
Revision of March 14, 2000 Dual Intent Memorandum -Cronin Memo :: May 25, 2000 (.pdf)

Period of Stay :: 120-day tolling :: Pearson Memo

Posted on March 03, 2000
Period of stay authorized by the Attorney General after 120-day tolling period for purposes of section 212(a)(9)(B) of the Immigration and Nationality Act. -Period of Stay :: 120-day tolling :: Pearson Memo :: March 3, 2000 (.pdf)

Waiver of Foreign Residency Requirement and Adjustment of Status for J-Nonimmigrants :: Virtue Memo

Posted on February 17, 1998
To: District Directors Service Center Directors Officers-in-Charge Regional Directors From: Office of Programs Effective immediately, the Service will accept adjustment of status applications from aliens who are subject to the 2-year foreign residence requirement of section 212(e) of the INA provided that the United States Information Agency (USIA) has recommended a waiver of such foreign residence...