AILA’s Immigration This Week: September 24, 2009
1. Scialabba Memo Regarding Inadmissibility Due to HIV Infection
A September 15, 2009, Memo from Lori Scialabba and Donald Neufeld directs USCIS officers to hold in abeyance any waiver application and associated benefit request which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. AILA InfoNet Doc. No. 09092268.
2. DOL Has Confirmed Member Reports of a New Problem With the iCERT System that Leads to LCA Denials
DOL has confirmed member reports of a new problem with the iCERT system that can lead to LCA denials. Specifically, when registering a company or when adding a company to your account list, if the company's FEIN begins with zero ("0"), the system drops some digits and inserts errant digits. The erroneous FEIN then populates new LCAs. If the user doesn't notice the incorrect FEIN, and submits an LCA, that LCA can be denied for FEIN no-match. DOL is aware of the problem and is working on a fix. Meanwhile, members are advised to review iCERT LCA submissions closely, and to correct when necessary the FEIN before submission. AILA InfoNet Doc. No. 09092464.
3. DOS on Employment-Based Visa Availability Before October 1, 2009
The State Department has advised AILA liaison that employment based visa numbers are no longer available for this fiscal year that concludes on September 30, 2009. AILA InfoNet Doc. No. 09092466.
DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charlie Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA InfoNet Doc. No. 09240920.
4. AILA's Members-Only Podcasts: Full Library Now Available!
AILA has now made available its complete library of members-only podcasts, dating back to September 2007. Topics cover a multitude of issues, including iCERT, dealing with stress, the LA8 victory, Canadian immigration, worksite enforcement, finding the perfect paralegal - and much more! You can also subscribe to automatically receive notices of new Podcasts. Podcasts are a free service to AILA members.
5. AILA Religious Workers Committee Update on Visa Availability
AILA's Religious Workers Committee provides an update describing how the recent unavailability of employment based visas will affect the EB-4 non-minister permanent resident religious worker category due to sunset on September 30, 2009. AILA InfoNet Doc. No. 09092469.
6. Practice Advisory Regarding Unlawful Presence Memo
Practice advisory by Laura Lichter and Mark Barr regarding the May 6, 2009, USCIS Memo by Donald Neufeld, Lori Scialabba, and Pearl Chang regarding unlawful presence, and the 3 & 10-year bars, and the permanent bar. AILA InfoNet Doc. No. 09091869.
7. USCIS Launches Redesigned Website (Updated)
On September 22, 2009, USCIS launched a newly redesigned website. The new USCIS website provides a one-stop location for immigration services and information, including a new service called "My Case Status," which allows customers to receive alerts on the status of their applications via text message and e-mail. Multiple Fact Sheets and Q&As included. AILA InfoNet Doc. No. 09092265
8. CSC Mailing Chart: Incorrect I-129 Filing Location (Updated)
Members are cautioned that the current CSC Mailing Address Chart on USCIS' website appears to incorrectly direct the filing of I-129 petitions and related I-539 applications with the Vermont Service Center. AILA InfoNet Doc. No. 09091861.
9. Liaison Committee Practice Pointers
TSC and NSC Practice Pointer: "Prematurely" Approved I-485s
Received an approval from USCIS on an I-485 for an Applicant whose priority date is not yet current? TSC or NSC may have erroneously approved the I-485 prematurely, but not necessarily! AILA InfoNet Doc. No. 09092467.
AILA/VSC Liaison Practice Pointer: Requesting a Duplicate Approval Notice
The VSC Liaison Committee advises practictioners on how and when to request a duplicate approval notice from the VSC. AILA InfoNet Doc. No. 09092362.
10. AILA/SCOPS Call Q & As (9/09/09)
These SCOPS Q & As from a September 9, 2009, call cover issues such as post-6th year H-1B extensions, interfiling I-824 applications, CIS error in filing location information, and advance parole extension validity dates. AILA InfoNet Doc. No. 09092162.
Question of the Week
How Do I Find a List Online of CLEs I've Earned from AILA This Year?
You can view the AILA CLEs you've earned this year by visiting myAILA . Scroll down and view the "AILA CLEs Earned This Calendar Year" section on the left side. Click on the link "View your entire CLE history" to see your AILA CLEs earned since 2003!