Home > Newsletter > August 2009

USCIS Announces Premium Processing for Form I-140

USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140 Immigrant Petitions, but only for cases involving the following categories:  EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking National Interest Waivers, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service will not be available for Form I-140 Petitions involving Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue a decision within 15 calendar days of receipt.

Military Recruiting Program Promises Citizenship

The Department of Defense has authorized a new military recruiting program which allows certain non-citizens who are legally present in the US to join the military and immediately apply for US citizenshi.  The program is titled "Military Accessions Vital to the National Interest" or MAVNI.  MAVNI participants are not required to obtain legal permanent resident status before applying for citizenship.  This new pilot program went into effect at the end of February and is scheduled to end either on December 31, 2009 or when the cap of 1,000 individuals is reached.

The program specifically targets health care professionals and individuals who speak certain strategic languages.  Individuals with these skills who currently hold asylee, refugee, TPS or certian types of non-immigrant visas, and who have been in the United States, in legal status, for at least two years, may be eligible for this program.  Those seeking to enlist in the US military under MAVNI must provide an Army recruiter with documentation proving that they are in the US legally and that they meet the MAVNI eligibility criteria.  Those with the requisite language skills must seek to enlist with a recruiter in New York City, while those with the requisite health care skills may seek to enlist with any recruiter nationwide.   The recruiter will submit the individuals' documentation to the US Department of Homeland Security for evaluation, and the individual will also be screened for security purposes.  Eligible individudals who wish to enlist in the military under this program must enlist for active duty and abide by the military service obligations for all military enlistees.  Enlistees in the program may submit their applications for United States citizenship immediately.

Most Employment-based Cases Stalled

The Visa Bulletin for July indicates a complete unavailability of immigrant visas in most categories.  Immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based caes. Third preference cases comprise the majority of pending employment-based greencard cases.  The July Visa Bulletin shows that the first, second and fourth and fifth preference categories remain current.  However, since demand in these categories for individudals from China and India exceeds the per-country limitations, these two countires have second-preference cut-off dates of January 2000.  DOS predicts that the could become unavailable in the next several months.  DOS has also indicated that due to high demand, the EB-1 category for individuals born in India or China may backlog or retrogress later this summer and may continue to be backlogged in the coming fiscal year.

H-1B Preparation Time to Increase Effective July 1, 2009

This is to advise employers and foreign nationals filing H-1B petitions that the US Department of Labor is implemeing a new system for filing LCAs that will eliminate our ability to get a same-day approval in many or most cases.  Under the new system, DOL may use up to seven business days to certify the LCA.  Advnace planning is now more important than ever.  Employers must monitor the expiration dates of their H-1B employees and allow sufficient time -- at least 4 months -- for the preparation and filing of extension and amendments.  This new filing system particularly impacts individuals who are porting from one employer to another.  Foreign nationals in H-1B status are only authorized to work for the new employer upon the filing of the new petition, and a certified LCA is required to make the filing.  We will no longer be able to prepare an H-1B petition in one day or overnight. 

If you have questions on how the new filing systems impact you or your company, please contact Julie C. Ferguson PA for more information.

Promising Development for HIV Positive Foreign Nationals

In a positive development for foreign nationals infected with the Human Immunodeficiency Virus (HIV), the Center for Disease Control and Prevention (CDC) has proposed to amend its regulations so that these individuals would not longer be inadmissible into the United States based solely on their HIV positive status. CDC is proposing to amend the definition of “communicable disease of public health significance” and the scope of examinations to remove reference to HIV.  Under the present regulatory framework, foreign nationals infected with a “communicable disease of public health significance” are inadmissible into the United States under the Immigration and Nationality Act.   “Human immunodeficiency virus (HIV) infection” is currently listed as a “communicable disease of public health significance.” CDC is proposing the remove HIV from the definition recognizing that, while a serious health condition, it does not represent a communicable disease that is a significant threat for introduction, transmission, and spread to the US population through casual contact.  As a result of these proposed regulatory changes foreign nationals would no longer be inadmissible into the United States based solely on the grounds that they are infected with HIV.