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Showing posts from May, 2012

New Online Learning Tool for the Naturalization Test

New Online Learning Tool to help aspiring Citizens prepared for the Naturalization Test. WASHINGTON —Recently, U.S. Citizenship and Immigration Services (USCIS) and the Smithsonian’s National Museum of American History  launched Preparing for the Oath: U.S. History and Civics for Citizenship , a Web-based learning tool designed to help immigrants prepare for the civics portion of the naturalization test. This interactive resource features videos and multimedia activities that showcase artifacts from the Smithsonian Institution’s collections and exhibitions. Preparing for the Oath is an invaluable addition to the citizenship preparation materials. The Smithsonian Institution's extensive collection tool will help individuals learn about the founding principles of American democracy and the rights and responsibilities of citizenship in a meaningful way. It is designed as a self-study tool to prepare for the civics portion of the naturalization test and based on the 1

H-1B Count for Fiscal Year 2013 as of May 25, 2012

FY 2013 H-1B Cap Count   Cap Type Cap Amount Cap Eligible Petitions Date of Last Count H-1B Regular Cap 65,000 48,400 05/25/2012 H-1B Master’s Degree Exemption 20,000 17,500 05/25/2012 Source: USCIS If you have any questions or need assistance with your immigration matter,  please do not hesitate to contact our office.  Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

Temporary Delay in Issuance of I-129 Receipt Notices

Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS.  Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation.  However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.  Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on USCIS Web page.  Source:  USCIS If you need help on your visa applications, please feel free to contact our office    Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition

WASHINGTON —U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers. In the case at issue, the Skirball Cultural Center filed a P-3 non immigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review. USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by

USCIS to Centralize Filing and Adjudication for Certain Waivers of Inadmissibility in the United States

A new system will standardize process for Immigrant Visa Applicants Worldwide was released May 23, 2012. WASHINGTON—Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lock box facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a non immigrant K or V visa, must send their waiver applications. Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide customers with faster and more efficient application processing and consistent adjudication. It is part of a broader agency effort to transition to domestic filing and adjudication; it does not reflect a change in policy or the standards by w

USCIS Transfers More Historical Records to National Archives

Approximately 44,000 files to be transferred to Archives Facility  in San Bruno, California. WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced the transfer of approximately 44,000 additional alien registration records, known as “A-Files,” to the National Archives and Records Administration (NARA).   USCIS transferred the historical records from its San Bruno Federal Records Center to the permanent custody of the National Archives Pacific Region facility in San Bruno, Calif.  It is anticipated that the transferred files will be available to the public beginning today. This is the fourth in a series of immigration file transfers initiated in June 2009, when USCIS and NARA formalized a schedule to relocate eligible A-Files for permanent preservation in the National Archives. “It is imperative that we protect and treasure America’s immigration history,” said USCIS Director Alejandro Mayorkas. “The very fabric of our nation can be fo

H-1B Cap Count Moving Quickly

As of May 18, 2011, below is the H-1B Cap Count for 2013. Cap Type  Cap Amount  Cap Eligible Petitions   Date of Last Count H-1B Regular Cap  65,000  42,000 05/18/2012 H-1B Master’s Degree Exemption  20,000 16,000 05/18/2012   If you have any immigration questions, please feel free to contact our office.    Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

USCIS Launches Online Immigration System - ELIS

U.S. Citizenship and Immigration Services (USCIS) will launch the initial release of its new electronic immigration system, USCIS ELIS. USCIS ELIS is the agency’s first-ever online immigration system created to modernize the process for both filing and adjudicating immigration benefits. The first release, which is available for certain students and visitors, lays the foundation for the Web-based future of USCIS and our immigration system. Beginning with the first release, USCIS ELIS provides improved customer service, shorter processing times, and enhanced adjudication tools to combat fraud and safeguard national security. Future releases will add form types and functions to the system, gradually expanding to cover all USCIS immigration benefits. Releasing the system in multiple phases will give USCIS the ability to continually enhance the user experience for both customers and our employees. It will also allow the agency to smooth the transition to electronic f

ICE Arrested 80 Criminal Aliens in Georgia, Carolinas

On May 11, 2012, Immigration and Customs Enforcement arrest 80 criminal aliens in Georgia, Carolinas. ATLANTA, Ga. – During a three-day targeted enforcement operation in Georgia and the Carolinas, officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) arrested 80 convicted criminal aliens. Operation Cross Check commenced Monday and concluded Wednesday. All 80 taken into custody had prior criminal convictions. Many of the criminal aliens taken into custody had prior convictions for serious or violent offenses including: aggravated assault; indecent liberties with a minor; family violence; sexual battery of a minor; possession of cocaine; possession of marijuana with intent to distribute; and weapon used in the commission of a crime. "The results of this targeted enforcement operation underscore ICE's ongoing commitment to public safety," said Felicia Skinner, Field Office Director o

Immigration Consultant in San Diego Committed Fraud

San Diego- area immigration consultant nearly gets 7 years for fraud scam, sentence among the longest ever imposed unscrupulous immigration practitioner SAN DIEGO – The former owner of an immigration consulting business who defrauded more than 150 clients from multiple states has been sentenced to 81 months in federal prison following a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations. Armando Garcia, 60, of Tijuana, Mexico, pleaded guilty in June 2011 to aggravated identity theft and related conspiracy charges for operating a fraudulent consulting business with offices in Pico Rivera and National City. At his sentencing hearing, the judge ordered Garcia to return to court  to determine the amount of restitution he owes his victims. Garcia's co-defendant and business associate, Elizabeth Alcocer, 48, of Albuquerque, New Mexico, pleaded guilty to mail fraud, aggravated identity theft and related conspi

Visa Bulletin For June 2012 - Visa Retrogression for F2B

The Department of State had recently released the Visa Bulletin for June 2012. Unfortunately, for many F2B applicants from Mexico waiting for their priority dates to be current, the wait will be longer. Visa retrogression is to take place in June 2012 for the F2B category. From 01 Dec 1992 it went back to 01 Jan 1992. FAMILY – SPONSORED PREFERENCES F1 : A good movement for all chargeability areas, China and India  (22 Jun to 08 Jul 2005).  A good movement for Mexico (15 May to 1993) and Philippines. F2A:  A progress move to all chargeability areas, China, India and Philippines (15 Nov 2009 to 01 Jan 2010). A week of progress for Mexico (15 Oct to 8 Dec 2009). F2B: A positive movement for all chargeability areas, China and India (22 Feb to 15 Apr 2004). Visa retrogression for Mexico and Philippines has no movement at all.        F3: A good movement for all chargeability areas, China and India (08 Mar to 01 Apr 2002). No improvement for Mexico

e-Request Upgrade Adds Error Reporting & Appointment Inquiry Features

e-Request is a web-based tool that allows you to place an inquiry with USCIS for certain applications and petitions. You may make an inquiry on selected forms that are beyond posted processing times or selected forms where you did not receive an Application Support Center appointment notice or other notice . You can also create an inquiry for a notice you received from a Service Center with a typographical error. To place an inquiry, you will need your receipt number. If you do not have your receipt number contact the USCIS Customer Service at 1-800-375-5283 or 1-800-767-1833.  If you have previously initiated a service request, wait for 30 days to receive a response before notifying USCIS again. Note: You must submit a Change of Address to update your address on your application or petition.  Recent announcement form USCIS, effective May 11, 2012, USCIS e-Request will undergo two system updates: Customers will be able to notify USCIS of

H-1B Count for Fiscal Year 2013 as of May 11, 2012

  FY 2013 H-1B Cap Count   Cap Type Cap Amount Cap Eligible Petitions Date of Last Count H-1B Regular Cap  65,000 36,700 05/11/2012 H-1B Master’s Degree Exemption  20,000 14,800 05/11/2012  Source: USCIS If you have any questions or need assistance with your immigration matter,  please do not hesitate to contact our office.  Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

H-1B Count for Fiscal Year 2013 as of May 04, 2012

FY 2013 H-1B Cap Count   Cap Type  Cap Amount  Cap Eligible Petitions   Date of Last Count H-1B Regular Cap  65,000  32,500 05/04/2012 H-1B Master’s Degree Exemption  20,000 13,700 05/04/2012 Cap Eligible Petitions This is the number of petitions that USCIS has accepted for this particular type of cap.  It includes cases that have been approved or are still pending.  It does not include petitions that have been denied. Cap Amounts The current annual cap on the H-1B category is 65,000. Not all H-1B non immigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. Source: USCIS If you have any questions or need assistance with your immigration matter,  please do

Free Web Seminars on E-Verify, Form I-9, or Self Check

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Source: USCIS If you have any questions or need assistance with your immigration matter,  please do not hesitate to contact our office.  Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

USCIS IS ON FACEBOOK

Now you can interact with USCIS Immigration Office on Facebook!  Check out the USCIS page for the latest news, events, informational videos, and learn more about our nation’s immigration history on our timeline. Visit USCIS today for that and more at www.facebook.com/USCIS.    Source: USCIS Facebook Page If you have any questions or need assistance with your immigration matter,  please do not hesitate to contact our office.  Sharlene Mae Bagon, Esq. BAGON LAW FIRM 6700 Fallbrook Avenue Suite 125H West Hills, CA 91307 Toll Free: (888) 992-2466 Main Tel.: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

USCIS Changes Look and Feel of Form I-797C

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WASHINGTON - Recently, USCIS has decided that they will issue Form I-797C, Notice of Action, with a new look and feel. The Form I-797C will be printed on a plain bond paper. The agency will save an estimated amount of $1.1 million per year. This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “ THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” The following is a sample of how this disclaimer will appear on the Form I-797C:   Please note,the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of: Receipt (notifies the customer that their payment and application/petition has been received by USCIS) Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment) Transfer

Proposed Provisional Unlawful Presence Waiver Is Not in Effect

USCIS Reminds the Public to Avoid Scams and Unauthorized Practitioners of Immigration Law Washington- On March 30, 2012, the Department of Homeland Security  posted a Notice of Proposed Rule making  in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to become lawful permanent residents of the United States. Since the announcement, USCIS has become aware of public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect. To address these issues, USCIS advises: The Provisional Unlawful Presence Waiver is NOT in effect. The provisional unlawful presence waiver will not be available to potential applicants until an effective date is specified in the final rule USCIS will publish later this year in the Federal Register. USCIS has

H-1B Count for Fiscal Year 2013 as of April 27, 2012

FY 2013 H-1B Cap Count   Cap Type  Cap Amount  Cap Eligible Petitions   Date of Last Count H-1B Regular Cap  65,000  29,200 04/27/2012 H-1B Master’s Degree Exemption  20,000 12,300 04/27/2012 Cap Eligible Petitions This is the number of petitions that USCIS has accepted for this particular type of cap.  It includes cases that have been approved or are still pending.  It does not include petitions that have been denied. Cap Amounts The current annual cap on the H-1B category is 65,000. Not all H-1B non immigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. Source: USCIS If you have any questions or need assistance with your immigration matter,  please do

USCIS Processing Time Information for California Service Center

Field Office Processing Dates for California Service Center as of: February 29, 2012 Form Title Classification or Basis for Filing: Processing Timeframe: I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 2.5 Months I-129 Petition for A Nonimmigrant Worker Blanket L 2 Months I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors 2 Months I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad 2 Months I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. 2 Months I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. 2 Months I-129 Petition for A Nonimmigrant Worker H-2A - Temporary wo