Immigration Inbox: Immigration News You Can Use - August 2009

President, Members of Congress Discuss Immigration Reform– Department of Homeland Security Secretary Janet Napolitano will lead a group that will work with key members of the House and the Senate on immigration issues.
More on E-Verify Federal Contractor Rule Delay– USCIS has instructed federal contractors not to use E-Verify to verify current employees until the final rule becomes effective on September 8, 2009, and they are awarded a contract that includes the FAR’s E-Verify clause.
H-1B Processing Time Increased on July 1, 2009– The DOL’s new iCert Labor Condition Application takes longer to issue; hence, an employer’s ability to file an H-1B extension or change of employer petition for an H-1B employee on a same-day, or even same-week, basis has ended.
China, India EB-2 Priority Dates Progress in August; DOS Determines FY 2009 Limits– The State Department’s Visa Bulletin for August 2009 shows an October 1, 2003, cut-off date for both the China-mainland born and India EB-2 categories.
USCIS Takes Tougher Stance on L-1 Intracompany Transfers– USCIS has begun to apply tougher requirements in a number of employment-based nonimmigrant visa categories. Among the toughest are the standards used when USCIS considers L-1 intracompany transfer petitions.
DOS Releases DV-2010 Lottery Results– The highest number for any single country went to Nigeria, at 6,006; dates for the upcoming DV-2011 program registration period will be announced in August.
CBP Reminds Visa Waiver Travelers of New Emergency/Temporary Passport Requirements– Effective July 1, 2009, all VWP emergency or temporary passports must be electronic.
USCIS Discusses Requirements for H-1Bs in Health Care Specialty Occupations– USCIS issued a memorandum clarifying the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health care specialty occupation.
USCIS Explains “Full-Time,” Discusses Job Creation Timing in EB-5 Immigrant Investor Program– USCIS clarified that for purposes of the Immigrant Petition by Alien Entrepreneur adjudication and job creation requirements, USCIS will consider the two-year period to begin six months after approval of the I-526 petition.
USCIS Issues Guidance on Education, Training, Experience Requirements for Foreign Physicians– In particular, the memo provides guidance on determining whether a foreign medical degree (MD) is the equivalent of a U.S. MD and thus constitutes an advanced degree for EB-2 purposes.
USCIS, FBI Eliminate Name Check Backlog, Set New Standard– The goal is to complete 98 percent of name check requests submitted by USCIS within 30 days, and remaining 2 percent within 90 days.
USCIS Opens International Adjudication Branch in California– The International Adjudications Support Branch (IASB) will not accept in-person appointments.
USCIS Issues Court Notice to Pending I-360 Religious Workers– The court has ordered USCIS to accept properly filed I-485s and I-765s from beneficiaries of religious worker I-360s and is allowing individuals whose concurrent filings were rejected previously to reapply for adjustment of status.
USCIS Issues Court Notice to Pending I-360 Religious Workers– The court has ordered USCIS to accept properly filed I-485s and I-765s from beneficiaries of religious worker I-360s and is allowing individuals whose concurrent filings were rejected previously to reapply for adjustment of status.

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