October 2014

October 17, 2014 - H-1B Legacy records no longer available

On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule. The OFLC-approved disposition schedule authorizes the retention of records for a period of 5 years following the date a final determination letter is issued or final action occurs, such as a withdrawn application, subject to an active investigation or litigation hold.

The records NARA identified as permanent records are the annual disclosure data files currently located on the FLC Data Center at http://www.flcdatacenter.com, as well as the quarterly disclosure data files and the OFLC Annual Reports located on the OFLC Performance page at http://www.foreignlaborcert.doleta.gov/performancedata.cfm.

Labor Condition Applications (LCA) retained in the LCA Online System are all beyond the retention period of 5 years from a date of final determination or final action. Therefore, effective October 17, 2014, the LCA Online System located at http://www.lca.doleta.gov has been decommissioned.

The OFLC will no longer respond to inquiries to search for records in response to FOIA requests, or provide information for requests for duplicate certifications for LCA applications processed in the LCA Online System, in keeping with the OFLC records schedule.

October 3, 2014 - Duplicate Biometrics Appointment Notices

Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).

If you have already attended an ASC biometric appointment, and received a second appointment notice from the same application type, please call the National Customer Service Center at 1-800-375-5283 to confirm that you do not need to return to the ASC to have biometrics collected again..

If you have not yet attended your ASC appointment and received more than one ASC appointment notice, you should attend just one appointment and take both ASC notices to that appointment..

We regret the inconvenience and thank you in advance for your patience as we address the issue.

September 2014

September 24, 2014 - Diversity Immigrant Visa Program for Fiscal Year 2016

The U.S. Department of State has released instructions for the Fiscal Year 2016 Diversity Immigrant Visa Program, which include eligibility requirements, instructions for completing the electronic entry form, and FAQs. Entries must be submitted electronically between noon (EDT) on October 1, 2014, and noon (EST) on November 3, 2014. .

Please click for instructions .

June 2014

June 25, 2014 - USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record

USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS limits the validity period for all Forms I-693 to one year from the date that USCIS receives the form. As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014..

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for form I-485).

Submit Form I-693 in person at an interview in a USCIS field office (if an interview is required).

To ensure that your medical examination is still valid at the time USCIS adjudicates your application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable).

For additional information, please visit www.uscis.gov/i-693 or see the USCIS Policy Manual Volume 8, Part B, Chapter 4.

June 4, 2014 - U.S. Consulates in Canada Temporarily Suspend Third Country National (TCN) Visa Processing for Summer

The U.S. Department of State (DOS) has informed the American Immigration Lawyers Association (AILA) on that, due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept TCN cases during the peak demand period of June, July, and August. Canadian posts encourage such applicants to seek appointments elsewhere in the world, such as in the applicant’s home country. Canadian posts offer increased appointment availability for TCNs during non-peak processing times, such as October and November, and January through May. Emergency cases may seek consideration for scheduling an interview at a Canada post by visiting http://canada.usembassy.gov/.

April 2014

April 28, 2014 - Business Community Dialogue with USCIS on Administrative Site Visit Program May 1, 2014 11:00 a.m. - 12:15 p.m.

The U.S. Chamber of Commerce is hosting a business community conversation with the Fraud Detection and National Security Directorate at U.S. Citizenship and Immigration Services. The agency conducts administrative site visits regarding about 15,000 H-1B petitions each year, and is now expanding to L-1 petitions as well. We will be having a dialogue with: Sarah Kendall, Associate Director, U.S. Citizenship and Immigration Services.

The agenda for the meeting is for the business community to explain concerns and make recommendations and hear USCIS views regarding:

(1) the scope of questions asked by FDNS auditors and the process utilized by FDNS auditors in scheduling site visits and following up with USCIS examiners

(2) the selection process for site visits and especially the multiple site visits experienced by many employers

(3) the need to protect commercially private information of the employer and personally identifying information of the employee during the site visit process

In addition, USCIS will provide further information regarding the new L-1 site visit program, following up from the public stakeholder phone call of April 24.

Please join us to provide feedback to USCIS regarding process and procedure for the administrative site visit and verification program and hear about the new expansion to L-1 site visits. In-person participation encouraged, but individuals will be able to listen in by phone.

This event is open to the public so feel free to share this invite with others (but note that the event is not open to the press.

If you would like to listen in by phone register here. (You provide your name and organization name, and then will be provided a confirmation number and call-in information

In order to comply with lobby security in the U.S. Chamber building, if you are attending in person you must rsvp to David Alim Email and provide your name and organization. If attending in person come to: U.S. Chamber of Commerce, 1615 H Street, NW, Washington, DC (Briefing Center).

April 16, 2014 - USCIS Stakeholder Teleconference

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, April 24, 2014, from 2 p.m. to 3:30 p.m. (Eastern) to discuss the extension of the Administrative Site Visit and Verification Program (ASVVP) to L1 visas.

USCIS news release

April 10, 2014 - USCIS Reaches FY 2015 H-1B Cap

USCIS announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

USCIS news release

March 2014

USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

News Archive



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