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Enhanced Electronic Security Measure for Visa Waiver Program

Fri, 13 Jun 2008 17:20:45 -0400

The U.S. Department of Homeland Security (DHS) published an Interim Final Rule that permits foreign travelers from countries participating in the Visa Waiver Program (VWP) to register via the new Electronic System for Travel Authorization (ESTA) at l
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USCIS Centralizes Initial Naturalization Filings

Fri, 13 Jun 2008 17:19:58 -0400

The U.S. Citizenship and Immigration Services (USCIS) issued a June 5, 2008 press release (PDF 30.7KB), announcing that initial processing for all applications for naturalization (Form N-400) has been centralized at the National Benefits Center (NBC
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H-4 Motion to Reopen / Reconsider Successful with Detailed Records

Fri, 13 Jun 2008 17:19:04 -0400

The Murthy Law Firm recently obtained approval of an H-4 extension of status (EOS) application after the USCIS issued a denial to the prior attorney. The application was denied due to the alleged abandonment by the applicant and because the prior att
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July 2008 Visa Bulletin: EB3 Unavailable

Fri, 13 Jun 2008 17:16:55 -0400

The U.S. Department of State (DOS) has issued the July 2008 Visa Bulletin. The significant news in the employment-based categories is that EB3 is completely unavailable for all countries of chargeability. The limit has been met for the year and, thus
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Enforcement of SSA No-Match Letters - Not an Employer Violation

Fri, 6 Jun 2008 17:22:20 -0400

A decision of an Administrative Law Judge (ALJ) from the National Labor Relations Board (NLRB) recently found no violation of U.S. labor laws where an employer suddenly began enforcing no-match letters issued by the Social Security Administration (SS
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USCIS Additional FAQs on F-1 OPT Cap Gap for Qualified Students

Fri, 6 Jun 2008 17:21:40 -0400

The U.S. Citizenship and Immigration Services (USCIS) published a new set of Questions and Answers (Q/As) (PDF 81.4KB) on May 23, 2008, further explaining the new rule regarding extension of Optional Practical Training (OPT) for qualified students. M
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TSC Corrects I-140 Processing Time

Fri, 6 Jun 2008 17:20:43 -0400

The Texas Service Center (TSC) of the U.S. Citizenship and Immigration Services (USCIS) advised at the end of May 2008 that its processing times report for May 15, 2008 listed incorrect I-140 processing times. The report indicated that TSC was proces
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DOL Pilot Program to Review Erroneous PERM Denials

Fri, 6 Jun 2008 17:18:19 -0400

The U.S. Department of Labor (DOL) has recently initiated a pilot program to review its denial of PERM labor certifications. This program was the result of efforts on the part of the American Immigration Lawyers Association (AILA), which advocated f
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eVerify Analysis - May 21, 2008 Update

Fri, 30 May 2008 18:48:20 -0400

The USCIS provided an overview of the status of eVerify and responded to questions from members of the District of Columbia Chapter of the American Immigration Lawyers Association (AILA) on May 21, 2008. The discussion provided details on the propose
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AAO Upholds Denial of Extraordinary Ability Case

Fri, 30 May 2008 18:47:24 -0400

The Administrative Appeals Office (AAO) released a decision upholding the denial of an EB1 (extraordinary ability) petition in which the employer failed to demonstrate that the sponsored foreign national had extraordinary ability in a particular fiel
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New EAD Application Form Effective May 27, 2008

Fri, 30 May 2008 18:44:53 -0400

Form I-765, which is used to apply for an Employment Authorization Document (EAD), has changed and the new form must be used as of May 27, 2008. This follows a change in the same form I-765 on April 8, 2008. Since many MurthyDotCom and MurthyBulletin
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Misprinted I-94 Cards Issued by CBP

Fri, 23 May 2008 10:39:16 -0400

Misprinted I-94 cards, used by Customs and Border Protection (CBP) in early 2008, are causing problems with Social Security number issuance. According to the American Immigration Lawyers Association (AILA), CBP received approximately one million I-94
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USCIS Revises Guidance on CSPA : More Protection for Children Aging Out

Fri, 23 May 2008 10:38:35 -0400

The U.S. Citizenship and Immigration Services (USCIS) recently issued Revised Guidance for the Child Status Protection Act (CSPA) (PDF 106KB). This significantly expands the scope and class of individuals potentially eligible to benefit under the CSP
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BALCA Upholds Denial of Incomplete PERM Application

Fri, 23 May 2008 10:37:56 -0400

In the case of Matter of 5th Avenue Landscaping, Inc., the Board of Alien Labor Certification Appeals (BALCA) upheld the Certifying Officer's (CO's) denial of a PERM labor certification application in which the employer failed to include se
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USCIS Responds to Liaison Questions Regarding H1B, I-551 and N-400

Sat, 17 May 2008 05:11:55 -0400

The U.S. Citizenship and Immigration Services (USCIS) responded to questions regarding green card renewals, expediting N-400 applications, and I-551 (temporary evidence of permanent resident status) stamps during the April 2008 National Stakeholder M
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DHS Proposed Rule to Extend TN Status to Three Years

Sat, 17 May 2008 05:10:55 -0400

The U.S. Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register on May 9, 2008, entitled, Period of Admission and Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities - TN Nonimmig
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Proposal to End Concurrent I-140/I-485 Filings

Sat, 17 May 2008 05:10:18 -0400

The U.S. Citizenship and Immigration Services (USCIS) has expressed its intention to end the practice of allowing concurrent filing of the I-140 and I-485 when the priority dates are current for employment-based applications. The only available infor
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June 2008 Visa Bulletin : Summary

Sat, 17 May 2008 05:03:00 -0400

The U.S. Department of State (DOS) has issued the June 2008 Visa Bulletin. The Visa Bulletin remained unchanged in the employment-based categories from the prior month, with the exception of three months of forward movement for India and China in the
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Good News on Mandamus Lawsuits for Delayed Naturalization Applicants

Fri, 9 May 2008 17:59:11 -0400

In response to ongoing delays by the United States Citizenship and Immigration Services (USCIS) on N-400 Citizenship / Naturalization cases, a class action lawsuit was filed on behalf of all permanent residents residing in the area served by the USCI
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House Hearing on Unused Immigrant Visas and USCIS Backlogs

Fri, 9 May 2008 17:58:17 -0400

The Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the U.S. House of Representatives Judiciary Committee held an April 30, 2008 hearing on wasted or unused immigrant visa numbers and growing USCIS backlo
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New Electronic Form DS-160 for Nonimmigrant Visa Applicants

Fri, 9 May 2008 17:56:40 -0400

The U.S. Department of State (DOS) published a final rule in the Federal Register on April 29, 2008, amending the regulations related to the application for a nonimmigrant visa. The changes offer a completely electronic application form, referred to
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Possible Multi-Year EAD/AP, I-94 Corrections, and Anticipated AC21 Regulations

Sat, 3 May 2008 06:12:16 -0400

The USCIS responded to questions posed by the American Immigration Lawyers Association's liaison committee and released information in April 2008 regarding a number of matters relevant to MurthyDotCom and MurthyBulletin readers. These include co
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USCIS Projected Naturalization Processing Times

Sat, 3 May 2008 06:12:09 -0400

The USCIS has provided projected naturalization (citizenship) case processing times, broken down by local offices. This information is available on the USCIS WebSite. The projections, released on April 22, 2008, apply to cases that were filed during
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STEM Degree List for F-1 OPT Extensions

Sat, 3 May 2008 06:10:54 -0400

The U.S. Department of Homeland Security (DHS) published an interim final rule on April 8, 2008 that included provisions for certain students to extend their post-completion Optional Practical Training (OPT) period from 12 to 29 months. The regulatio
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New Medical Exam Form Effective May 1, 2008

Sat, 3 May 2008 06:10:08 -0400

As regular readers of MurthyDotCom and the MurthyBulletin know, when applying for adjustment of status (i.e. the last stage toward obtaining permanent residency, known as the "green card," when one files Form I-485 in the U.S.), an applicant must sub
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Chertoff's Testimony on Homeland Security Appropriations

Sat, 26 Apr 2008 04:53:46 -0400

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff testified on April 10, 2008 before the U.S. House of Representatives Subcommittee on Homeland Security Appropriations, in support of the DHS budget request of $50.5 billion for FY2
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Korea Could Join Visa Waiver Program

Sat, 26 Apr 2008 04:53:03 -0400

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed a Visa Waiver Program (VWP) Agreement with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. This agreement was announced on April 18, 2008 in a DHS press release
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What If I Don't Want the Change of Status to H1B after its Approval?

Sat, 26 Apr 2008 04:52:15 -0400

Changing one's status to H1B often involves a lengthy and somewhat unpredictable process. When a potential H1B employer is subject to the annual cap and the uncertainties of lottery selection, many prospective employees consider alternative proc
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Recent BALCA Opinions on Labor Certification Cases

Sat, 26 Apr 2008 04:51:06 -0400

The elements of a successful labor certification case have remained constant under case law over the years, as evidenced by some recent Board of Alien Labor Certification Appeals (BALCA) decisions. MurthyDotCom and MurthyBulletin readers will recall
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Possible Expedited FOIA Responses

Sat, 19 Apr 2008 06:17:27 -0400

A recent lawsuit filed in a California federal court has challenged the USCIS's policy on responding to Freedom of Information Act (FOIA) requests. In Hajro v. USCIS, the plaintiff claims that the USCIS's current policy does not permit the
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eVerify Registration to Qualify for F-1 OPT Extension

Sat, 19 Apr 2008 06:16:45 -0400

As MurthyDotCom and MurthyBulletin readers are aware, the U.S. Department of Homeland Security (DHS) recently published an interim final rule permitting extensions of F-1 Optional Practical Training (OPT) for an additional 17 months for students with
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USCIS Goal for Improved Citizenship Processing Times

Sat, 19 Apr 2008 06:15:46 -0400

The USCIS recently announced that significant steps are being taken to improve the processing time for naturalization (citizenship) cases. This appears to be in response to public criticism directed toward the USCIS following a projection of naturali
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May 2008 Visa Bulletin : Summary and Analysis

Sat, 19 Apr 2008 06:13:56 -0400

The U.S. Department of State (DOS) has issued the May 2008 Visa Bulletin. It contains continued good news for some EB2 applicants from India and China. It also reflects significant forward movement in the EB3 worldwide category. Categories that previ
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DHS Issues New No-Match Supplemental Proposed Rule for Employers

Fri, 11 Apr 2008 17:43:49 -0400

The U.S. Department of Homeland Security (DHS) issued a press release on March 21, 2008 announcing a supplemental proposed rule (PDF 224KB) on Social Security Administration (SSA) no-match letters. A no-match letter is a letter from the Social Securi
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Simple Errors May Lead to Denials of PERM Cases

Fri, 11 Apr 2008 17:43:08 -0400

Everyone who has had contact with the U.S. immigration system knows that standardized government forms play an important role. It is necessary to use the correct forms, provide the proper information on the forms, and pay any appropriate fees for sub
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Mandamus Lawsuits Remain Effective in Immigration Cases

Fri, 11 Apr 2008 17:42:19 -0400

Recent developments in U.S. Citizenship and Immigration Services (USCIS) and Federal Bureau of Investigation (FBI) policies may soon limit writ of mandamus lawsuits. While some may think that mandamus cases are no longer as helpful, they continue to
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Visa Waiver Program Likely to Expand to Five More Nations

Fri, 4 Apr 2008 09:04:08 -0400

The U.S. government has taken another step toward expanding its Visa Waiver Program (VWP) to include Slovakia, Hungary, and Lithuania. This was accomplished when U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed agreements
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Nonimmigrant Visa Applicants and PIMS - March 2008 Update

Fri, 4 Apr 2008 09:03:22 -0400

The U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS) have provided the American Immigration Lawyers Association (AILA) with an update on the Petition Information Management Service (PIMS). As MurthyDotCom and Murth
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Potential Extension of F-1 OPT Validity Period

Fri, 4 Apr 2008 09:02:36 -0400

The U.S. Immigration and Customs Enforcement (ICE) submitted an interim final rule to the Office of Management and Budget (OMB) on March 31, 2008 that would extend the period of Optional Practical Training (OPT) for eligible students in F-1 status by
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FY2009 H1B Cap Filing Procedures and Update on Reentry Permits

Fri, 4 Apr 2008 08:59:57 -0400

The U.S. Citizenship and Immigration Service's (USCIS) Service Center Operations (SCOPS) office responded to questions from the American Immigration Lawyers Association (AILA) on March 19, 2008. These questions addressed H1B cap filings for the
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Bills Proposed for Special Immigrants and More H1Bs

Fri, 28 Mar 2008 11:55:57 -0400

The U.S. House of Representatives has legislation pending that addresses the shortfall in the nonimmigrant H1B category for highly-skilled foreign workers. Another bill has been introduced that would provide a new special immigrant category for perso
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Bill Gates Testifies on Need for Skilled Workers

Fri, 28 Mar 2008 11:55:00 -0400

Bill Gates, Chairman of Microsoft Corporation, addressed the U.S. House of Representatives Committee on Science and Technology on March 12, 2008, regarding the future of technological innovations in the United States. In his testimony, Mr. Gates prov
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USCIS Discusses H1B Receipts, I-140 Premium Processing, More

Fri, 28 Mar 2008 11:54:05 -0400

The USCIS Service Center Operations (SCOPS) held a March 5, 2008 teleconference with the American Immigration Lawyers Association (AILA) on important matters of adjudication and procedure. Of particular interest to MurthyDotCom and MurthyBulletin rea
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DOS Insights and Predictions on Visa Numbers

Fri, 28 Mar 2008 11:52:27 -0400

Many attorneys from the Murthy Law Firm attended a March 19, 2008 American Immigration Lawyers Association (AILA) meeting in Washington DC, at which Charles Oppenheim, Chief, U.S. Department of State (DOS), Immigrant Visa Control and Reporting Divisi
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Sundance 2008

Fri, 21 Mar 2008 09:54:42 -0400

Even for those who do not relish brisk winter winds, frosty breath on the air, or fresh-fallen snow, there is something else that winter has to offer - Sundance. The attention of the film-loving world shifts to the Sundance Film Festival in Park City
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Law Assists Military Personnel to Obtain U.S. Citizenship Faster

Fri, 21 Mar 2008 09:54:09 -0400

The Office of U.S. Senator Barbara A. Mikulski (D-MD) has recently announced that both the U.S. Senate and the U.S. House of Representatives have approved the Kendell Frederick Citizenship Assistance Act (S. 2516). This legislation was originally int
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Effect of Travel While in H1B / L-1 Status and Pending I-485

Fri, 21 Mar 2008 09:52:55 -0400

There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP)
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April 2008 Visa Bulletin : EB2 India Moves Forward

Fri, 21 Mar 2008 09:51:29 -0400

The U.S. Department of State (DOS) recently issued the Visa Bulletin for April 2008. This Visa Bulletin has significant and positive news for those in the employment-based, second preference (EB2) category for nationals of India. EB2 India has been c
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EB5 Investor Must Satisfy All Legal Requirements

Sat, 15 Mar 2008 04:53:25 -0400

With the backlog in processing employment-based second and third preference cases (EB2 and EB3, respectively), particularly for nationals of India and China, other options like the employment-based first preference (EB1), employment-based fourth pref
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Biometrics Now Required for Reentry Permits and Refugee Travel Documents

Sat, 15 Mar 2008 04:52:31 -0400

The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 5, 2008, applic
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