As of November 1, 2009, this blog was moved to a new location at:

www.myimmigrationlawyer.blogspot.com

You can always visit our website at:

www.szetolaw.com  or www.yimin.com

Thank you for your support.  We hope to hear from you in the new blog.

Posted by szetolaw at 06:23 PM | Permalink | Comments (0)

       The USCIS released the following Q&A regarding employment-based Form I-485 ( adjustment of status ) inventory.  It gives the intending immigrants an idea as to how many people are in front of them in the line for immigrant visas.  If you use the India chart below for the EB-3 preference category, you will notice that there are at most 90 available visas for September of 2009.  This is deduced from looking at the visa bulletin for September of 2009 which shows a cutoff date of April 15, 2001 for India EB-3.  Adding up all the pending applicants from 1997 through April 2001 you will get 90. 

      This is the first time that the USCIS is releasing this type of I-485 information.  They expect to update the numbers every quarter.  Sharing of the I-485 inventory information is extremely useful for applicants.  At least they now know where they stand in line.

Questions & Answers: Pending Employment-Based Form I-485 Inventory

Q: Why is the wait so long for my employment-based green card?

A: A visa must be available before a person can obtain an employment-based green card.  Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately.  Therefore, some people have to wait in line until a visa is available.  The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year.  About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad.  Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa.   How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

Q: How can I determine my place in line based on my priority date?

A: Your preference category, priority date, and country of origin determine your place in line for a visa.  The earlier your priority date is, the closer you are to the front of the line.   To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States.  See the “Pending Employment-Based Form I-485 Report” link to the right.  We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.  You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own.  Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year.  The report is broken down into separate charts for each preference classification.  If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own.  This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report.  As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month.  If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country.  Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own.  The report will also let you know how many applicants from the same country and preference classification have earlier priority dates. 

Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa.  Because certain countries experience higher demand than others, applicants in these “oversubscribed” countries may move forward in line more slowly than applicants in countries experiencing less demand.  In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand.  Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.  

Q: What information do I need to have before using the pending Form I-485 inventory reports?

A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports.  For more information on priority dates and preference categories, see the “Visa Availability & Priority Dates” and “Green Card Eligibility” links to the right.

Q: How do I read the pending I-485 inventory reports?

A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category.  You will see that each chart has different numbers for each month and year.   These numbers show how many green card applicants have priority dates in that month and year.  To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months. 

Q: Can you tell me when I will get a visa?

A: Unfortunately, we cannot determine how long it will take for you to get a visa.  However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take.  We intend to update the data in these reports quarterly.  By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become.  We hope this will give you an even better sense of how long it may take for you to get a visa. 

Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China.  Using the Sample “Pending Employment-Based Form I-485 Report,” below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date. 

If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006.  You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.  See the chart below.

Sample “Pending Employment-Based Form I-485 Report"

Q: How do I know how many applicants from my country have an earlier priority date than mine?

A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India.  Using the Sample “I-485 Inventory for Individuals Born in India Report” below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.  See the chart below.

Sample I-485 Inventory for Individuals Born in India Report

Posted by szetolaw at 02:07 PM | Permalink | Comments (0)

Immigration Case Status Inquiries with the Service Centers

The U. S. Citizenship and Immigration Services (USCIS) has issued instructions on making inquiries with the agency's four Service Centers. This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers. They can be used by applicants and their attorneys and representatives to make case status inquires.  The step-by-step instructions are as follows. 

However, it should be noted that one must still follow the procedures for filing an appeal, motion to reopen, or a response to motion to reopen.  These procedures follow a very strict set of deadlines and should not be confused with the following standard case inquiry steps.

Step 1: Contact the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC can assist customers, community-based organizations and liaison groups with case related inquiries. Before calling the NCSC please have available your receipt number, alien registration number, type of application filed and date filed. During your call we recommend that you take note of the following information:

-The name and/or id number of the NCSC representative

-The date and time of the call

-Any service request referral number, if a service referral on a pending case is taken

Step 2: If more than 30 days have passed since you contacted the NCSC and the issue has not been resolved or explained you can email the proper USCIS Service Center to check the status of your case.

-California Service Center: csc-ncsc-followup@dhs.gov

-Vermont Service Center: vsc.ncscfollowup@dhs.gov

-Nebraska Service Center: ncscfollowup.nsc@dhs.gov

-Texas Service Center: tsc.ncscfollowup@dhs.gov

Please note: Emails should be sent to the Service Center that has jurisdiction over your case. The receipt notice will indicate EAC for the Vermont Service Center, SRC for the Texas Service Center, LIN for the Nebraska Service Center, and WAC for the California Service Center.

When contacting the Service Centers by email you will need to provide the information outlined in Step 1. If the NCSC did not issue a service request after your call, please indicate the reason the NCSC representative did not issue the request.

Step 3: In the event you do not receive a response within 21 days of contacting the appropriate Service Center, you may email the USCIS Headquarters Office of Service Center Operations by email at: SCOPSSCATA@dhs.gov. You will receive a response from this email address within ten days.

Posted by szetolaw at 06:34 PM | Permalink | Comments (0)

The U.S. immigration laws allow a U.S. citizen to bring his or her fiance(e) to the United States.  There are several ways to do it, depending on the specific set of circumstances of the parties involved.

1) Your fiance(e) is in an overseas country.

This is probably the most common situation. A U.S. citizenship met a foreign national and they fall in love and decide to get married.  But how - they are in two different countries.  Well, there is a visa called the K-1 fiance(e) visa, which allows the foreign national to enter the U.S. with the sole purpose of marrying the petition.  The marriage must take place within 90 days or the visa will be void and the foreign national must depart the U.S.  To apply for a fiance(e) visa, the U.S. petitioner must start the process in the U.S. by filing a Form I-129F, Petition for Alien Fiance(e), along with the required documentation and proof of relationship.  One of the requirements is that the parties must have met each other at least once, although it can be waived in exceptional situations.  If the I-129F is approved, the case will be sent to the National Visa Center for further processing.  Finally, the case will be forwarded to the overseas American consulate office nearest to the fiance(e)'s place of residence.  Additional forms and documents will need to be prepared before a visa interview will be scheduled.  If a fiance(e) visa is issued, your fiance(e) will then be allowed to enter the U.S. to marry you.  Remember the marriage must take place within 90 days or she would have to depart the U.S.  After your marriage, your fiance(e) may then apply for permanent residence status (or green card) by filing a Form I-485, Application to Register Permanent Residence or to Adjust Status.

2) Your fiance(e) is in the U.S. legally in another status.

If your fiance(e) happens to be in the U.S. in another legal status such as a foreign student or visitor, then a finance(e) visa would not be appropriate.  Instead, you should marry him or her directly and apply for adjustment of status directly along with a Form I-130, Petition for Alien Relative.  Documents that show financial support and that your relationship is truthful must also be filed.  An interview will be scheduled for the two of you to determine the bona fides of your relationship, similar to those that you see in movies.

3) Your fiance(e) is in the U.S. illegally.

Generally speaking if your fiance(e) entered the U.S. unlawfully, he or she would not be allowed to apply for permanent residency status.  If he or she entered lawfully but his or her status lapsed, then it might still be possible to apply for legal status.  Either way, you should speak to a qualified immigrant lawyer immediately for an evaluation.

Warnings: The above information is only current at the time of writing and is subject to change without prior notice.  Do not rely solely on it without consulting with a qualified attorney.   Do not lie about the purposes of coming to the U.S. when applying for a visa.  Do not file an fraudulent applications with the government or you will become ineligible to apply for immigration benefits in the future.

Posted by szetolaw at 05:56 PM | Permalink | Comments (0)

            The State Department publishes the visa bulletin every month to inform intending immigrants the availability of visa numbers in different preference categories.  Because the numbers of immigrants who may enter the U.S. are limited by law, certain categories of applicants sometimes have to wait for many years before they can immigrate to the U.S.  For example, the Department of State has determined the family preference numerical limits for FY-2009 is 226,000 and the employment preference numerical limits for FY-2009 is 140,000.  Additionally, under Section 202(A) of the Immigration and Nationality Act, there is a per-country limit fixed at 7% of the family and employment annual limits.  For FY-2009 the per-country limit is 25,620. 

            For August 2009, the most notable change is the second preference category in employment immigration, which jumps by close to four years to October 2003 from January 2000 last month for China and India.  All other first and second preference categories including the Philippines remain current, meaning that the applicants are eligible to receive a visa number now. Unfortunately, employment third preference remains unavailable for professionals, skill workers, and other workers in all areas.

            On the family side, there is some nice overall advancement for most preference categories.  For the Philippines, for example, all family categories advance one month except F1 (unmarried sons and daughters of U.S. citizens), which retains the same cutoff date of September 1, 1993.  Other preference categories have moved up for more than one month such as F1 for China, India and Other Areas; and F2A and F4 for Mexico.  As we move towards the end of the fiscal year, the State Department will attempt to use up all the remaining visa numbers available. 

            In August, the Diversity Visa category continues to be available to winners of the visa lottery in the DV-2009 program.  The lottery winners will receive notification from the State Department or may check the result electronically by accessing the State Department website.  The 2009 annual limit has been set to 50,000.  DV visas are divided among six geographic regions with no one country receiving more than seven percent of the available visas in any one year. Countries which are deemed to have sent enough immigrants to the U.S. including China, India, the Philippines, Mexico, etc., are not eligible to apply.  However, if nationals from these countries, their spouses, or their parents were born in other eligible countries, they may still be eligible to apply. 

1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).

2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of residents.

2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of residents.

3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)

4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

Sch A: RN/Physical Therapist & Exceptional Ability

4th: "Special Immigrants" (Religious & others)

5th: Employment Creation (Investors)

Posted by szetolaw at 09:12 AM | Permalink | Comments (0)

By Paul Szeto, Esq.

            The 4th of July reminded us of the Statute of Liberty, which was presented by the people of France to the U.S.A. in 1886 to commemorate the centennial of the signing of the U.S. Declaration of Independence.  The statute has been standing tall on Liberty Island in New York Harbor for more than a century without much change.  It has welcomed countless visitors and immigrants traveling to the U.S. by ship or air.  It is also the recognized symbol of freedom and democracy displayed in books, posters, stamps, artwork and even business logos.  Every year, as newcomers arrive in the U.S. to pursue a new life, many of their predecessors swear to become American citizens.

            While the Statute of Liberty has not changed much over the years, the nature of American citizenship has acquired a new significance.  American citizenship still confers many benefits to its holders, allowing them to apply for a U.S. passport, to apply for government jobs, to vote in elections, and to travel internationally without limitation.  Speaking more pragmatically, American citizenship also opens the door to more business opportunities for entrepreneurs as U.S. citizenship is required for many government contracts.  Don’t forget the shorter lines at the airport when travelers are returning from overseas countries. 

            True, all these are great benefits of holding a U.S. passport.  But there are also other meanings to acquiring American citizenship.  For one thing, to be American carries a certain sense of pride that Americans are not shy to express.  Although it may not be safe to use an American passport in certain parts of the world, very few Americans would hide their identity just to avoid dangers.  Youngsters from all over the world idolize our movie stars, crave for McDonald's French fries, and hack into our computer systems just to take a glimpse of our IT systems.  My clients always tell me about how they are treated more politely as American citizens when they return to their  countries of origin to do business.  Their applications are also processed more efficiently. 

            It has been said that America is a big "melting pot" - signifying the diversity of people from different backgrounds living together.  Nobody would doubt the validity of this phrase by just visiting one of the many naturalization oath ceremonies in the U.S.  Typically you see applicants of different ages and nationalities seated together for one common goal - to be an American.  Never mind they may have come different continents or countries that had fought each other before.  Never mind they may have come from different neighborhoods, and worship at different churches and temples.  Naturalization binds them together forever (almost) at the moment when they swear to be loyal to the American soil. 

            Statistics also support what we see.  According to the Yearbook of Immigration Statistics published by the Department of Homeland Security, in 2008 there were 1,046,539 persons who become naturalized American citizens.  They came from all continents of the world and more than 200 countries, from China to Taiwan, Afghanistan to Zimbabwe, Austrialia to Turkey.   The top countries of origin include Mexico (231,815), India (65,971), Philippines (58,792), China (40,017), Cuba (39,871), Vietnam (39,584) and El Salvador (35,796).   Only five persons from U.S. Virgin Islands became naturalized in 2008.  Such great diversity is not repeated any where in the world.  The amazing thing is that people with such different backgrounds can live and work together in peace and harmony for the most part.  One of the reasons for our success is the almost certain way for willing legal residents to become U.S. citizens through naturalization after five years of residence, attracting people especially those talented to come here for a better future.  Some countries such as Germany also tried to attract high-tech workers to work there by offering them green cards about ten years ago.  However, the German plan failed to attract talent to apply because German citizenship was not offered regardless of how long one has been a legal resident.  Without citizenship, the sense of belonging is just not there.

            Even when the U.S. is struggling with its economy and health care issues, countless immigrants still continue to come here to pursue their American dream.  Perhaps being an American is not only about money and success.  Perhaps the Statute of Liberty stands for more than freedom and democracy.  Perhaps the true value of American citizenship can only be measured by what share together and our pride.

(Paul Szeto, an immigration lawyer and former INS attorney, regularly writes on immigration issues. His contact info: 732-632-9888, www.szetolaw.com)

Posted by szetolaw at 08:50 AM | Permalink | Comments (0)

On May 20, 2009, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo on the requirements for H-1B beneficiaries seeking to practice in a health care occupation. The purpose of this memo is to clarify the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health care specialty occupation.  

As a starting point, the adjudicators are to consult the U.S. Bureau of Labor Statistics’ Occupational Outlook Handbook (OOH) to determine whether the position being offered qualifies as a specialty occupation as defined the Immigration and Nationality Act (INA).   However, if the OOH does not contain the required information about the profession, adjudicators may consult other authoritative sources that indicate whether the position in question qualifies as a specialty occupation (e.g., State licensing board standards). If there are more than one authoritative source exists, an adjudicator are advised to consider all evidence and sources before making a decision  whether an applicant qualifies to perform in a specialty occupation.

Beneficiary in Possession of a License

For beneficiaries who possess a valid license to practice a health care occupation in the state in which the beneficiary will be employed, the beneficiary will be considered to meet the qualifications to perform services in a specialty occupation for the purposes of the H-1B program.  The adjudicators do not need to investigate further.   However, the foreign worker will still need to provide certificate from the CGFNS or other equivalent organization that his qualifications are equivalent and comparable to the U.S. standards and his command of English is sufficient for the profession.

For those applicants who have an unrestricted license for the health profession, and the petition is otherwise approvable, an adjudicator should approve the H-1B petition for the full three year or the maximum period allowed by the labor condition application (LCA).  This USCIS memo specifically points out that the renewal date of a unrestricted license should not be a consideration when setting the validity period.  On the other hand, if the applicant possesses only a restricted license, she should only be approved for a period of one year, or until the end of the licensing period, whichever is longer.

Beneficiary not in Possession of a License

Generally speaking, a health professional must obtain a required license from the state in which he will be working.  However, there are some states or health professional boards which would not issue a license before the applicant has been granted a legal employment status (e.g., H-1B) or a social security number.  In these situations, the applicant is caught in a chicken and egg problem because without the license he would not be able to get his legal status and social security number.  To help resolve this dilemma, the memo advises the adjudicator to first ascertain the requirements for licensure (including educational degree requirements) in the health care occupation in that state to determine whether the beneficiary possesses the qualifications to perform the job duties based on regulatory requirements.  If the adjudicator cannot make a determination, he or she may issue a request for evidence (RFE) asking the petitioning employer to provide additional evidence regarding the state licensures requirements  Furthermore, the beneficiary must also establish that he/she did attempt to apply for a license in accordance with state or local rules and procedures, but cannot obtain a full unrestricted license in the state in which he/she will practice due to the requirement for possession of a social security card, valid immigration document, and/or physical presence in the United States in the form of a letter from the State Board.

After gathering all the requirements, an adjudicator, if convinced that the applicant qualifies for H-1B status, may approve the H-1B petition for a period of one year. It should be noted that such an approval does not in any way endorses the approval of the state license.  The USCIS memo emphasizes that it is merely a means to facilitate the state or local licensing authority’s issuance of such a license to the alien, provided all other requirements are satisfied. For this group of cases, any future requests for extension of status must be filed with evidence that the applicant has been granted a valid unrestricted license to practice the health care occupation in the state in which he/she will be working. Without a valid unrestricted license at the time the extension of stay petition is filed, the application for extension of H-1B status will be denied. Generally speaking, a health professional must obtain a required license from the state in which he will be working.  However, there are some states or health professional boards which would not issue

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Posted by szetolaw at 10:09 AM | Permalink | Comments (0)

Effective April 28, 2009, the filing address for the Form I-90, Application to Replace Permanent Resident Card ("Green Card") has been changed. Now, applicants must mail the Form I-90, including any initial evidence and supporting documentation, to the designated lockbox facility in Phoenix, Arizona at

USCIS, P.O. Box 21262, Phoenix, AZ 85036.

For U.S. Postal Service (USPS) Express Mail/courier deliveries, use:

USCIS, ATTN: I-90, 1820 Skyharbor, Circle S Floor 1, Phoenix, AZ 85034.

The electronic filing instructions filing for this form have not been changed.

Posted by szetolaw at 01:17 PM | Permalink | Comments (0)

How Do I Apply to Bring a Foreign-Born Orphan to the United States?

U.S. Immigration law allows an American citizen to petition for a foreign orphan to enter the U.S. as an immigrant.

A foreign-born child is considered an orphan if she does not have a parent because of “the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents.”  A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption.  

An orphan petition must be filed before her 16th birthday.  An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

A married U.S. citizen and spouse or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen and has no age limit, as long as he is lawfully living in the U.S. An application for advance processing can be filed to speed up the process.  An unmarried American citizen may file an application for advance processing if the citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted.

The first step is to file the Form I-600A (Application for Advance Processing of Orphan Petition) to allow the USCIS to determine the adoptive parent’s suitability as a parent and ability to provide a proper home environment for a child.  After a child is identified, the parent must file Form I-600 (Petition to Classify Orphan as an Immediate Relative) on behalf of the child.  It is generally advisable for all prospective adoptive parents to do advance processing.

What kind of documentation is required?  Documents required include proof of U.S. citizenship, lawful status of the spouse living in the U.S., marriage certificate, documents evidencing termination of previous marriages, and evidence that a complete and current home study was done within the time limits.  Also, the petitioner must prove that he or she has complied with the pre-adoption requirements of the state.   All adult member of the household must also be fingerprinted by the government.  The prints are valid for 15 months fingerprints are taken.

Additionally, documents about child are required including his birth certificate or, if the certificate is unavailable, evidence of the child's age and identity; evidence that the child is an orphan; a final decree of adoption, if applicable; proof of legal custody of the child for emigration and adoption, if applicable; and  proof of compliance with pre-adoption requirements, if applicable.

In countries can I adopt a child?  The USCIS does not recommend adoption from countries experiencing social or political problems because the difficulty involved in securing all the required civil documents and proving that the child is an orphan.

Generally, an adopted child enter the U.S. as a lawful permanent resident.  However, in certain situations, a child might become a United States citizen upon admission into the United States as a lawful permanent resident.

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On June 19, 2008, the Department of State published an interim final rule to revise existing regulations and thereby permit qualified au pairs to participate again inthe  pair program after completing a period of at least two years of residency outside the United States following the end date of his or her initial exchange visitor program. The regulations contained in the interim final rule are adopted without change.

Posted by szetolaw at 07:41 AM | Permalink | Comments (0)

USCIS announces today certain new requirements for hiring H-1B foreign workers starting Feb. 17, 2009.

What is it about? 
USCIS imposed new requirements for employers who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), when they hire a foreign national to work in the H-1B specialty occupation category.  The new “Employ American Workers Act,” (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, requires that these company who seek to hire new H-1B workers to be considered as “H-1B dependent employers.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

When is it effective? 
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, including any new employment and concurrent employment, regardless of whether the beneficiary is already in H-1B status.  Also, the EAWA applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

What does it exclude?
EAWA does not apply to change if status petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category.  It also excludes extension of of stay by H-1B workers with the same employer.

Is the new I-129 form required?
A new I-129 form will be released before 4/1/2009.  Employers do not have to use the new form but is encouraged to do so.  Employers should still use the a one-page form contained in the new form on EAWA attestation requirements and to file this single page with the petition.  The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

Posted by szetolaw at 02:19 PM | Permalink | Comments (0)

In Matter of Federal Insurance, decided on 2/20/2009, by BALCA, (Case No.: 2008-PER-00037), the Board noted that:  "This appeal does not concern whether the Kellogg regulation applies to the  employer’s application – it clearly does – but rather whether the Employer’s application should be denied because the Employer did not affirmatively write on the application that “any suitable combination of education, training or experience would be acceptable.” Because the existing Form 9089 does not reasonably accommodate an employer’s ability to express this attestation, we hold that it would offend fundamental due process to deny an application for failure to write the attestation on the Form 9089. ... Here, the absence of the Kellogg language (or possibly the substantive equivalent of the Kellogg language) on the form renders it difficult to know whether the Employer was in substantial compliance with the regulation, or whether it was unequivocally willing to attest that it was. ETA’s deficient form and failure to post readily accessible clarifying instruction, however, is largely responsible for this difficulty. Accordingly, we vacate the CO’s denial based on the missing Kellogg language and order that the CO grant certification." A new 9089 form has already been released by the DOL recently which provides a specific location for the Kellogg language.

Posted by szetolaw at 06:26 PM | Permalink | Comments (0)

The USCIS announced today that it will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status.  Under the current policy, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140. 

Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

• Are the beneficiary of a Form I-140 petition filed in a preference category that has been designated for premium processing service;
• Have reached the sixth-year statutory limitation of their H-1B stay, or will reach the end of their sixth year of H-1B stay within 60 days of filing;
• Are only eligible for a further H-1B extension under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
• Are ineligible to extend their H-1B status under section 106(a) of AC21.

Posted by szetolaw at 10:10 PM | Permalink | Comments (0)

Posted by szetolaw at 11:10 PM | Permalink | Comments (0)

Effective January 15, 2009, Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system to verify their employees’ eligibility to legally work in the United States.  A final regulatory rule to be published tomorrow will implement Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees.  Subcontracts over $3,000 for services or construction will also be covered.  Exempted contracts include those under $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

Currently, 92,000+ employers use E-Verify, to electronically verify the employment eligibility of their employees.  The USCIS reports that during FY 2008, 6.6 million employment verification queries were made under the system; this is 1 out of every 8 hires made in the United States. Approximately 96.1 percent of all cases queried through E-Verify are instantly foundThe new rule is ava.  ilable forviewing on the Federal Register Web site at: http://federalregister.gov/OFRUpload/OFRData/2008-26904_PI.pdf

Posted by szetolaw at 09:58 AM | Permalink | Comments (0)

Posted by szetolaw at 10:32 AM | Permalink | Comments (0)

The USCIS has made some important milestones in 2008. For example, it has granted citizenship to more than 1,000,000 individuals.  Other key accomplishments for the year include the following:

• Completed more than 1.17 million naturalization applications, up more than 50 percent from FY07. 

• Reduced naturalization application processing times to 9-10 months, down from the 16-18 months projected after the surge of applications in late FY07. 

• Hired 1,600 new adjudications officers during FY08.   Significantly revised and restructed the existing training curriculum and developed the BASIC training program at the USCIS Training Academy, preparing new officers to be “job-ready’ upon completion of training. 

• Worked with the FBI to effectively eliminate all name checks pending more than two years and reduced the cases waiting for a name check final result from almost 350,000 in late FY07 to less than 37,000.

• Interviewed more than 100,000 refugee applicants and completed more than 47,000 asylum applications.

• Increased participation in E-Verify, the nation’s preeminent employment eligibility verification system, by 260 percent over last year, resulting in the verification of more than 10 percent of the Nation’s new hires. 

For next year, the agency expects to reduce 20 percent in processing times of applications including a five-month processing time for N-400 naturalization application and a four month processing time for both adjustment of status applications (I-485s) and petitions for alien workers (I-140s).  If achieved, these goals will bring very good news for tens of thousands of prospective immigrants.

Posted by szetolaw at 05:13 PM | Permalink | Comments (0)

Congratulations to Barack Obama who has made history by winning the 2008 presidential election! 

The following are his immigration policies including securing the borders, improve the existing immigration system, remove the incentives for illegal immigration and bringing the undocumented out of the shadow.  The following is the narration of this policies on immigration as published in his campaign website:

• Barack Obama will secure our borders:

  Obama and Biden want to preserve the integrity of our borders. They support additional personnel, infrastructure, and technology on the border and at our ports of entry.

• Improve our immigration system:

  Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

• Bring people out of the shadows:

  Obama and Biden support a system that requires undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens.

Posted by szetolaw at 04:31 PM | Permalink | Comments (0)

For the past few weeks, as the economy was changing from bad to worse, our office received many inquiries from clients about their immigration status.  Some of them got the pink slips while most of them are just getting ready for the worse case scenario. "What if I get laid off" is the most common question that they asked.  Certainly times are tough.  From wall street to main street, there seems to be no safe haven any more.  Just look at the stock market; everything from autos to housing, from financials to high-tech companies have all been going south.  We offered our clients some general legal advice as to how to maintain their lawful status and increase their chance of staying in the U.S.  The most important thing is to plan ahead of time.  If you wait until you are terminated to start planning, usually there won't be enough time to do anything meaningful.  In most instances, the law does not allow lengthy, if any, grace periods.  Take precautions now and always have a plan "B".  Hopefully we will ride out this storm soon enough. 

Posted by szetolaw at 08:50 PM | Permalink | Comments (0)

 (News release by U.S. Citizenship and Immigration Services - 4/30/2008)

USCIS Modifies Report of Medical Examination and Vaccination Record

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision was necessitated by changes to the Tuberculosis (TB) Component of the Centers for Disease Control and Prevention’s Technical Instructions for Civil Surgeons.

This revised form (edition date 04/02/08) must be used for any medical examination completed on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that date.

The medical examination Form I-693 provides USCIS results of a medical examination for applicants filing for adjustment of status to become permanent residents. The examination is required to ensure that an applicant is not inadmissible to the United States on public health grounds.

The new form lists seven TB classifications at the bottom of its first page.  Civil surgeons must record the results of all medical examinations conducted on or after May 1, 2008, on the new form.

Additionally, the current vaccination supplement will not be accepted for any vaccination assessment completed on or after May 1, 2008. An updated vaccination supplement has been included in part 2 of the revised form.

The revised TB Component of the Technical Instructions is available for review in the "Related Links" section of this page. For more information on the revised Form I-693, call the National Customer Service Center at (800) 375-5283.

Posted by szetolaw at 04:08 PM | Permalink | Comments (0)

Posted by szetolaw at 03:40 PM | Permalink | Comments (0)

USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS

Posted by szetolaw at 03:47 PM | Permalink | Comments (0)

On April 4, 2008, the Department of Homeland Security released an interim
final rule extending the period of Optional Practical Training (OPT) from 12 to 29
months for qualified F-1 non-immigrant students.  The extension will be available to F-1
students with a degree in science, technology, engineering, or mathematics who are
employed by businesses enrolled in the E-Verify program.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

- Currently be participating in a 12-month period of approved post-completion
OPT;
- Have successfully completed a degree in science, engineering, technology, or
mathematics (STEM) included in the DHS STEM Designated Degree
Program List from a college or university certified by the U.S. Immigration
and Customs Enforcement’s Student and Exchange Visitor Program;
- Be working for a U.S. employer in a job directly related to the student’s
major area of study;
- Be working for, or accepted employment with, an employer enrolled in U.S.
Citizenship and Immigration Services’ E-Verify program. E-Verify is a free,
internet-based system operated in partnership with the Social Security
Administration that helps employers to determine the employment eligibility
of newly-hired employees; and
- Properly maintain F-1 status.

Posted by szetolaw at 02:14 PM | Permalink | Comments (0)

The AILA Infonet provided an update on certain H-1B petitions filed by using Federal Express mail service which have not been scanned and therefore become untraceable.  FedEx reported the problem arose because one of their scanners in Burlington, VT failed on the morning of 4/1 and therefore approximately 1200 pieces of mail were not scanned.  However, although not scanned individually, these packages were included in consolidated bags, so FedEx was able to verify that these were delivered to Vermont Service Center. However, given the number of packages involved, USCIS is not going to be able to confirm delivery of each package (or of the tracking numbers on the later lists that AILA supplied).  As of this update, FedEx will not be able to provide individual tracking of packages but will entertain requests for refunds only.  Some AILA members reported that their FedEx representatives have been able to provide a form of confirmation.

Posted by szetolaw at 01:59 PM | Permalink | Comments (0)

The processing will be done on a first in first processed basis.  Priority will also be giving to naturalization cases where the applicant has passed the citizenship examination.  

The target milestones for processing name checks are:

Posted by szetolaw at 01:51 PM | Permalink | Comments (0)

On April 2, 2008, the USCIS provided an update on the processing of naturalization cases.  First, the agency will finish more than one million naturalization cases during fiscal year 2008.  Director Gonzales expects to have finished 36 percent more naturalization cases than last year.  The expected time it will take to complete naturalization cases is averaging 13-15 months.   That’s a three month improvement from the 16-18 month projection that USCIS made six months ago.   The USCIS is hiring nearly 3,000 new employees and detailing employees to work in the most heavily affected offices.  Asylum Office facilities and staff are also being used to conduct naturalization interviews.

Posted by szetolaw at 01:44 PM | Permalink | Comments (0)

 The Dept. of Homeland Security has just posted the new poverty guidelines for the Form I-864, Affidavit of Support, for immigrant  visa petitions and adjustment of status applications:

http://www.uscis.gov/files/form/I-864P.pdf 

For examples, for a family of 2, the household income level is $17,500; family of 3, $22,000; family of 4, 26,500, family of 5, $31,000, etc.

The figures for Alaska and Hawaii are higher than the continental USA.   

Posted by szetolaw at 03:14 PM | Permalink | Comments (0)

Posted on USCIS Pressroom on February 15, 2008

Applicants who concurrently file Form I-485 (Application to Register Permanent Status or Adjust Status) based upon the approval of an employment based petition and Form I-765 (Application for Employment Authorization) will receive one biometrics appointment letter to appear at a designated Application Support Center (ASC). This process is already in place for applicants who file family based I-485 and concurrent I-765 applications at the Chicago Lockbox facility or through online

e-filing.

Applicants who filed concurrently before this notice and have received two notices from the ASC are still required to attend both appointments. Further, this change will not affect applicants who do not file the I-765 concurrently with the I-485.

USCIS will collect biometrics for both forms in one visit to the ASC, ensuring that each application is processed in a timely manner. Also, customers will only need to submit one biometrics fee ($80) with the I-485.

The biometrics collection for the Form I-485 and a concurrent Form I-765 is being consolidated in order to improve customer service and make the most of agency resources. Previously, customers received a biometrics appointment from the ASC for the I-485, but were required to submit any necessary biometrics for an I-765 directly to the service center with jurisdiction over their case.

Collecting two sets of biometrics not only resulted in the loss of time and efficiency in sorting and processing the forms, but also triggered unnecessary delays in responding to the request.

For more information on this program, customers are encouraged to contact the USCIS National Customer Service Center at (800) 375-5283.

Posted by szetolaw at 10:12 PM | Permalink | Comments (0)

The following was published in the USCIS Pressroom on February 19, 2008

USCIS Revises Filing Instructions for Petition for Alien Relative

Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.

Two separate post office box addresses (see below) have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 must be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.

Petitioners who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming must file their stand-alone Form I-130s with the Lockbox using the following address:

Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:

The revised form and filing instructions are available through the USCIS’ Web site at www.uscis.gov

Posted by szetolaw at 10:08 PM | Permalink | Comments (0)

The following is an announcement by USCIS on January 30, 2008.

USCIS ANNOUNCES CENTRALIZED FILING LOCATION FOR CERTAIN H-1B CAP EXEMPT PETITIONERS
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today a new customer service initiative to streamline the adjudication of H-1B petitions. Effective today, USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Aliens employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C).
Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.

For Direct Mail:
U. S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
P.O. BOX 30040
Laguna Niguel, CA 92607-3004

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):
U. S. Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677

Each H-1B petitioner is encouraged to mark the outside of the envelope and the top margin of the I-129 form, with “EXEMPT.” This will ensure quick identification of the H-1B filing throughout the petition’s processing at CSC.

Posted by szetolaw at 02:15 PM | Permalink | Comments (0)

The U.S. Department of State (DOS) just releases the Visa Bulletin for January 2008. According to the January 2008 Visa Bulletin, the second preference, employment-based, immigrant visa category for Indian nationals is retrogressed by two more years from January 2002 to January 2000.  Worse still, the DOS predicts that the annual limit for this preference category will likely be reached within the next few months.  If so, the category will show “unavailable” or “U” for the remainder of the fiscal year (until October 2008).

The DOS explanation for the retrogression is as follows:


 "INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
   
It has been necessary to once again retrogress the India Employment Second
preference cut-off date.  This is a direct result of continued heavy
applicant demand for numbers by CIS for adjustment of status cases
despite the retrogression which occurred for December.  It is likely
that the annual limit for this category will be reached within the next
few months, at which time the category would become “unavailable” for
the remainder of fiscal year 2008. "

It is very important for the Indian nationals to rethink their immigration options in light of these drastic changes.

Posted by szetolaw at 10:51 AM | Permalink | Comments (0)

Posted by szetolaw at 11:31 AM | Permalink | Comments (0)

Posted by szetolaw at 01:45 PM | Permalink | Comments (0)

Today, the USCIS announced that it will begin administering the new test on October 1, 2008.  The test was announced one year ago and has been tested in various U.S.C.I.S. testing centers.  100 questions were selected from the original 144 test questions to be included in the new test.  The goal is to test new immigrants' understanding of the U.S. way of government. 

The old test will be phased out gradually according to the following schedule.  If an applicant:

• Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview BEFORE October , 2008, he or she will take the current test.

• Applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview AFTER October , 2008, he or she can choose to take the current test or the redesigned version.

• Applies AFTER October 1, 2008, he or she will take the redesigned version.

• Is scheduled for his or her naturalization interview AFTER October , 2009, regardless of when he or she applied, he or she will take the redesigned version.

Posted by szetolaw at 10:29 PM | Permalink | Comments (0)

U.S. Citizenship and Immigration Services has published an interim final rule on a new type of visa called the "U" visa.  The rule will grant status to victims of serious crimes who will assist law enforcement officials in investigating or prosecuting the criminal activity.  The visa, which has an annual cap of 10,000, is set aside for victims of crimes who 1) have suffered mental or physical abuse because of the crime, 2) who have information regarding the activity, and 3) are willing to assist government officials in the investigation/prosecution of the criminal activities.

Period of Validity: The U-visa authorizes the holder to remain in the United States for up to four years.

Covered Crimes: There is no exclusive list of all the crimes covered but they can generally fall under these categories:  domestic violence, sexual abuse, trafficking, and crimes that target at immigrants.  Many Federal, State or municipal crimes are covered including murder, rape, torture, sexual exploitation, extortion, witness tampering, obstruction of justice, false imprisonment, etc.

How to Apply:  File a Petition for U Nonimmigrant Status (Form I-918) with the Vermont Service Center (which has been designated as the centralized location to receive all U Nonimmigrant petitions.)

Victim must also obtain provide a certification of helpfulness from a certifying agency - a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a federal, state, or local law enforcement official that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity. Such a certfication must be signed by the head of the agency or a supervisor designated with the authority to issue certifications on behalf of the agency must sign the certification.

What is the difference between the "T" visa and "U" visa.  The T visa requires an alien’s physical presence in the United States as a condition of eligibility.  But U visa allows a victim to apply from inside or outside of the U.S.

Family Members:  The alien victim must petition on behalf of qualifying family members. If the principal is less than 21 years of age, qualifying family members include the principal’s spouse, children, unmarried siblings under 18, and parents. If the principal is 21 or older, qualifying members include the spouse and children of the principal.  The family members must also be admissible to the U.S. to be eligible. Principal may use the I-918, part A to petition the family members.  The 10K cap does not apply to family members.

Application for Permanent Residence:. A U visa holder who has been physically present in the U.S. for a continuous period of at least three years may apply for a green card.  However, the agency must determine that the individual’s continued presence in the U.S. is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the best interest of the public.

Posted by szetolaw at 08:28 PM | Permalink | Comments (0)

As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.

U.S. immigration law limits the number of employment-based immigrant visas that may be issued each fiscal year

Posted by szetolaw at 02:30 PM | Permalink | Comments (0)

The July visa bulletin was republished by the State Department on July 2, 2007 as follows:

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases.

All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

 Department of State Publication 9514 CA/VO: July 2, 2007

Posted by szetolaw at 02:28 PM | Permalink | Comments (0)

There are several reasons for immigrants, intending immigrants, non-immigrants, petitioners and employers to file their applications in July.

For one thing, most if not all USCIS form fees will be increased on July 30, 2007. Some of the increases are up to two to three times of the current fees. For examples, the I-485 or "green card" application will cost $1010 for a regular adult. Naturalization (Form N400) will cost $675. Family petition (I-130) will cost $355. It just makes sense to file your applications before July 30 to avoid the higher fees.

Another good reason to file an employment-based immigration petition is because there will be visa numbers in July! The EB categories have been backlogged for several years and many folks have been waiting for this opportunity for a long time. The July 2007 visa bulletin indicates that all EB categories (except Other Workers) will be current in July. This means that those who have approved labor certifications or I-140 petitions may now apply for a green card and employment authorization. For those who do not need labor certification (e.g., aliens with extraordinary ability or applicants of a national interest waiver), they may immediately apply for a green card and employment authorization in July. Of course, they must qualify for the particular visa category before they should file for their petitions.

Finally, changes in the labor certification regulations are also a crucial consideration. Starting July 16, 2007, substitution of beneficiaires will no longer be allowed for approved labor certification applications. Employer must also bear the costs for file for a labor certification on behalf of a foreign worker. Finally, an approved labor certification will only be valid for 180 days from the day of approval ( currently there is no expiration date ).

With all these changes, it is expected that many petitions will be filed during the month of July. It is wise for the applicants and petitioners to start the application as soon as possible to avoid any last minute issues.

Posted by szetolaw at 12:48 PM | Permalink | Comments (0)

The State Department's July 2007 Visa Bulletin indicates that all employment based visa categories, except "other workers", will be current starting July 1, 2007. This true for all countries including China, India, Mexico and the Philippines.

 Employers and applicants may submit their I-765 (employment authorization application) & I-131 (travel document) applications if the visa number is current for their particular visa category, according to the current USCIS policy.

 However, the bulletin also warns that the visa number situation may change any in the coming months. Therefore, it is extremely important for intending immigrants to file their petitions in July to avoid any future retrogression.

Continue reading "All EB 1-3 Visa Categories are Current in July 2007" »

Posted by szetolaw at 09:33 AM | Permalink | Comments (0)

The proposed increases in filing fees for most U.S. immigration applications and petitions will be effective as of July 30, 2007.  The proposed increases were first published on February 1, 2007  in the Federal Register.  According to the USCIS, the increases are needed to pay for the costs of adjudicating cases which have become more complex and fulfill security requirements.  After about 60 days of period for public comments, the USCIS received thousands of comments.  Based on these comments, some of the fee increases were reduced.  However, most of the filing fees will still be increased by 2 to 3 times.

With the additional revenue generated by the fee increases, the USCIS expects that the processing times of applications will be reduced by 20 percent by the end of fiscal year 2009. Specifically, the agency expect to cut processing times on four most popularly applications by the end of fiscal year 2008 including I-90 (Application to Renew / Replace Green Card); I-140 (Immigrant Petition for Worker); I-485 (Application for Adjustment of Status) and N-400 (Application for Naturalization).  For application fees for each application, visit this file http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf.

Posted by szetolaw at 11:46 PM | Permalink | Comments (0)

What many undocumented immigrants have been waiting, and politicians have been debating, for the past few years is finally taking shape – a comprehensive immigration reform legislation. On May 17, 2007, the Bush Administration Officials and a bipartisan group of Senators announced a new Comprehensive Immigration Reform Legislation, which, if passed into law, will drastically change the U.S. immigration process. The following are the highlights of the proposal as released by the White House:

• Enforcement as the Pre-Requisite: Before other the benefit provisions of the proposal are implemented, the border will be secured and workforce-enforcement be beefed up first. What it means is that resources will be poured into fencing the border and apprehending illegal entrants. The laws of employer sanctions will be also enforced to punish employers who hire undocumented aliens or who fail to complete the necessary paper work. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

• Temporary Worker Program: A temporary worker program will be implemented as proposed by the Bush Administration. Under this program, foreign workers will be allowed to work in the U.S. for three two-year terms with at least a year spent outside the United States between each term. Temporary workers will be allowed to bring immediate family members only if they have the financial ability to support them and they are covered by health insurance. The initial quota for this program is 400,000, to be adjusted up and down as necessary.

• Illegal migrants’ Path to Legal Status: For those who are undocumented in the U.S., they will have a chance to legalize their status. They must pass a background check, remain employed, maintain a clean criminal record, pay a $1,000 fine, and receive a counterfeit-proof biometric card to apply for a work visa or "Z visa." Some years later, these Z visa holders will be eligible to apply for a green card, but only after paying an additional $4,000 fine; completing accelerated English requirements; getting in line while the current backlog clears; returning to their home country to file their green card application; and demonstrating merit under the merit-based system.

• Strengthening The Assimilation Of New Immigrants: The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for many immigrants. In addition, the DHS Office of Citizenship will be expanded to include coordinating assimilation efforts in its mission, and the Education Secretary will make an English instruction program freely available over the Internet.

• Establishing A Merit System For Future Immigration: The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States. Under the merit-based system, future immigrants applying for permanent residency in the U.S. will be assigned points for skills, education, and other attributes that further our national interest including: ability to speak English; level of schooling, including added points for training in science, math, and technology; job offer in a specialty or high-demand field; employer endorsement; and family ties to the U.S.

 • Ending Family-Based Immigration: The current family-based immigration system will be abolished by the proposal. U.S. citizens will still be allowed to apply for their parents but the numbers are capped. This is perhaps the biggest and most controversial aspect of the proposal.

• Clearing The Family Backlog In Eight Years: Millions of family members of U.S. citizens now wait years in line for a green card, with some waits estimated at as long as 30 years. Family members who have applied legally and have lawfully waited their turn in line will receive their green card within eight years. This proposal immediately draws criticism from left and right. Immigrant rights advocates have complained that the proposal did not go far enough for the undocumented workers; they have also strongly opposed the elimination of the 30-year old family immigration system. Conservatives, on the other hand, believe that the proposal is an amnesty in disguise. For the proposal to become law, both the Senate and House must both vote it into law. More changes and compromises are expected in the coming weeks.

Posted by szetolaw at 01:39 PM | Permalink | Comments (0)

The USCIS already completed the visa lottery for FY2008's H1B cases that are subject to the annual cap limit on 4/12/07.  A total of 123,480 such cases were filed on 4/2/07 and 4/3/07 and only a maximum of 65,000 H1B cases will be approved.  The winners of the lottery will be noticed on or after 4/12/07 via email, to be followed by written notices.  The whole process will take four weeks to complete.  So those who have not yet received notification should not assume that they were not selected until they receive a formal rejection.  The USCIS will return the H1B petitions that were not selected in the lottery and refund the filing fees to the applicants. 

 However, there have been reports that some cases were improperly rejected because of the visa cap; these cases were filed on behalf of US advance degree holders and their visa cap (20,000) has not been reached yet as of today.  These cases should be refiled with the USCIS.

Posted by szetolaw at 11:14 PM | Permalink | Comments (2)

Posted by szetolaw at 02:15 PM | Permalink | Comments (0)

The 2008 H1B Program will begin accepting new applications on 4/1/2007.  However, 4/1/2007 falls on a Sunday and therefore 4/2/2007 is the earliest date that new applications can be filed.  Immigration professionals predict that the quota for 2008 could be used up very fast, possibly within a few days.  Although it is impossible to be certain when the quota will be exhausted this year,  it is wise for employers to file their H1B petitions as soon as possible. 

Posted by szetolaw at 04:58 PM | Permalink | Comments (0)

On January 31, 2007, the USCIS proposed a new set of fees for immigration applications and petitions which impose an average increase of 86% in fees.  The agency is also seeking comments from the public on this proposal. 

The proposal is a broad one which covers most of the immigration applications and petitions filed by families, employers, non-immigrants, intending immigrants, as well as green card holders.  It also covers applications for naturalization and the relating applications.  For example, the proposed change for the N400 application for naturalization is from $330 to $595; the green card application (I-485) from $325 to $905.

It is important to note that this is only a proposal and the new fees are not effective yet. The new fees are published in the Federal Register on Feb. 1, 2007.  There will be a 60 day period for public comments.   Based on the comments, the government will issue a final rule with the final fee structure.

Posted by szetolaw at 12:02 PM | Permalink | Comments (1)

The USCIS announced recently both citizens and non-citizens will now be allowed to change their address online.

 Most noncitizens are obligated under the law to notify the government their change of address within 10 days of their move.  Failure to notify the change can be a ground for deportation.

Even U.S. citizens who have previously filed an I-864 or similar affidavit of support forms to sponsor an intending immigrant are also required to notify the USCIS of their change of address. 

The online services for address change is available at www.uscis.gov/ar-11.  Individuals with pending immigration applications may also change their address online.  The paper form AR-11 will still continue be accepted for address changes until further notice.

 This new online service is not only good news for millions of citizens and noncitizens but will also save valuable government resources in handling address changes. 

Posted by szetolaw at 04:34 PM | Permalink | Comments (0)

The USCIS has issued an interoffice memo dated December 5, 2006, which sets new and more relaxed policies towards the counting of time for H1Bs, H-4s, L-1s, and L-2s. Specificallly, this Memo:

1) Clarifies that time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principals in H-1B and L-1 status.

2) Clarifies that H-1B aliens, who qualify under American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Pub.L.106-313) section 106(a) and (c), need not be in H-1B status when requesting an additional period of stay beyond the six year maximum.

3) Clarifies how to determine the maximum period of admission in H-1B status for a beneficiary who was in the United States in valid H-1B status for less than the six-year maximum period of admission, but who has since been outside the United States for more than one year.

On point#1:  For the first time, the USCIS decouples time spent in H-4 or L-2 dependent status from the time limits spent in H1B or L-1 status respectively.   H-4 status is for dependents of H1B status holders while L-2 staus is granted to L-1 status holders.  Up until now, It has been the government's position that times spent as a H-4 or L-2 would count towards a dependent's H1B and L-1 status.  Under the new policy, the dependents' H-4 and L-2 time periods will be ignored for the purposes of counting their H-1 or L-1 time periods.

On point#2:  This new policy clarifies a confusion issue under the AC21 7th-year H1B extension rule.  Under AC21, H1B workers may apply for 7th or higher years of extension under certain conditions.  However, because it is termed as an "extension", it has been unclear as to whether a person who is currently not in H1B status or outside of the U.S. may apply for such extensions.  The policy specifically answers these questions in the affirmative. 

On point#3:  Under the old rules, a H1B worker who has exhausted his six years of time may return to the U.S. as an H1B worker again after staying outside of the U.S. for at least one year.  What if the person did not use up all his six years in the U.S. but had to leave for personal or business reasons.  The person would then have to re-apply for new H1B status.  Under the new rule, this worker may choose to resume his unused H1B time without having to re-apply for a new H1B visa number again.  This person may choose to re-apply if he so wishes, assuming there is no problem with the visa cap.
 

Posted by szetolaw at 12:22 AM | Permalink | Comments (0)

(The USCIS released the following announcement on November 28, 2006)

Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. Due to the complexities of the USCIS adjudication processes at this time, the Agency can not reasonably ensure this level of processing service for the R-1 petitions within 15 calendar days. Therefore, USCIS is temporarily suspending Premium Processing Service for Aliens in a Religious Occupation which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement.

This suspension will last six months beginning on November 28, 2006. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Form I-129 requesting R-1 nonimmigrant visa classification once again will be available for Premium Processing Service. Otherwise, USCIS may prescribe additional conditions of availability on Premium Processing

Service for religious worker petitions, or may publish a Federal Register Notice permanently removing the R-1 nonimmigrant visa classification from eligibility for Premium Processing Service.

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The New Jersey Cherry Hill office of the USCIS has recently moved to a new location in Mount Laurel with bigger and better facilities to serve the immigrant population in South New Jersey. Immigrants should start filing documents and attending interviews at the new location immediately. 

The Cherry Hill Sub-Office is considered a satellite office covering the Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Monmouth, Ocean, and Salem Counties. The Cherry Hill office handles the most common types of cases including adjustment (green card) interviews of family based petitions, naturalization interviews, and other green cards issues.

The mailing and street address of the Cherry Office is: Cherry Hill Sub Office, 530 Fellowship Road, Mount Laurel, NJ 08054. It is open to the public by appointment Monday through Friday 8AM to 2PM. The office is closed on Saturday, Sunday, and on Federal holidays. The building is handicapped-accessible and has limited street parking nearby. 

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In a recent published BIA decision, the Board has held that:

(1) In a custody redetermination under section 236(a) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a) (2000), where an alien must establish to the satisfaction of the Immigration Judge that he or she does not present a danger to others, a threat to the national security, or a flight risk, the Immigration Judge has wide discretion in deciding the factors that may be considered.

(2) In finding that the respondent is a danger to others, the Immigration Judge properly considered evidence that the respondent had been criminally charged in an alleged controlled substance trafficking scheme, even if he had not actually been convicted of a criminal offense.

 In re Juan Francisco GUERRA, 24 I&N Dec. 37 (BIA 2006) (Interim Decision #3544)

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On August 28, 2006, the USCIS started to provide premium processing services to EB-3 (professionals and skilled workers) employment-based applications.   Applicants may pay an additional $1000.00 in application fee to have a guarantee that their applicants will be processed within 15 days.

As on September 25, 2006, the USCIS further expanded the premium processing program to include three more categories of employment based I-140 applications.  They are:

1) EB1 Outstanding Professors and Researchers

2) EB2 Advanced Degree professionals and Persons of Exceptional
Ability

3)EB3 "Other Workers" (unskilled labor)

The following categories of employment based I-140 petitions will remain ineligible for premium processing.  They are EB1 Extraordinary Ability workers, EB1 Mulinational Executives or Managers, and EB2 National Interest Waiver applicants.

Posted by szetolaw at 02:01 PM | Permalink | Comments (0)

The U.S. Citizenship and Immigration Services (USCIS) announced on September 15, 2006, that over 340,000 backlogged naturalization cases have been eliminated.  The current processing time is less than five months.  Processing time of six months or longer is considered a backlog by the USCIS.  Processing time is the time period from the date of filing of the Form N-400 application until the date of the scheduled interview for naturalization.  Generally, cases that are pending because of lack of documentation, swearing-in delays, background/name checks, etc., are not considered backlogged by the USCIS, as these cases are out of their control.

Posted by szetolaw at 09:33 PM | Permalink | Comments (110)

Based on the October 2006 Visa Bulletin published by the U.S. Department of State, India as a country is no longer "unavailable" for the second preference employment-based immigration.  India has been unavailable for the past few months.  Instead, the October bulletin shows a cutoff date of June 15, 2002, meaning that EB-2 immigrant petitions with a priority earlier than June 15, 2002, will be eligible for immigrant visas or adjustment of status. 

 The EB-2 category is designed for foreigners with advanced degrees or exceptional ability.  Applicants of a national interest waiver also fall under the second preference category. 

Posted by szetolaw at 03:58 PM | Permalink | Comments (0)

In an interoffice memorandum issued by the USCIS on August 18, 2006, it announced that the agency's local offices will no longer issue the I-688B Employment Authorization Card. 

 There are two types of employment authorization cards, namely, the Form I-766 (Employment Authorization Document) and Form I-688B (Employment Authorization Card).  Both have been valid for establishing one's employment eligibility in the U.S.  The I-766s are usually issued by the service centers while and I-688B by the local offices.  However, because of security and administrative reasons, the USCIS has asked the local offices to stop issuing the I-688Bs.  The goal is to completely eliminate the issuance of the I-766 EAD card on October 1, 2006. 

Effective September 1, 2006, applicants are asked to send their EAD applications to the Service Centers or Chicago Lockbox for processing.  For applications that have been pending for more than 90 days, applicants may request assistance from the local offices.  The local office will work with the National Benefits Center (NBC) or the appropriate service centers to either adjudicate the I-765 application or issue an interim EAD.

Posted by szetolaw at 09:13 AM | Permalink | Comments (1)

In a decision dated 30 August 2006 issued by the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services, the applicant for citizenship under former Sec. 320 of the INA was found to have acquired citizenship through his mother.  His mother, who was born in the Philippines to two U.S. citizens, was found to have automatically acquired citizenship at birth.  Although she applied for naturalization and was granted citizenship again subsequently as an adult, the AAO held that she has been a citizen since birth.   Consequently, the applicant - the son - also acquired citizenship upon his father's naturalization. 

Posted by szetolaw at 08:53 AM | Permalink | Comments (0)

In a recent case decided by the Ninth Circuit on "Reporting Requirement" for Withholding of Removal, (Chavez v. Gonzales, Aug. 21, 2006), an applicant who is applying for withholding of removal based on past persecution at the hands of private parties the goverment is unwilling or unable to control need not have reported that persecution to the authorities if doing so would have been futile or have subject him to more abuse.

Posted by szetolaw at 10:16 PM | Permalink | Comments (0)

U.S. Citizenship and Immigration Services (USCIS) announced today the addition of two new classifications to the Premium Processing Service, which allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.

Starting on August 28, USCIS will begin accepting Premium Processing requests for petitions involving one of two employment-based immigration categories within the employment-based "preference." Those categories involve EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both categories using an Immigrant Petition for Alien Worker (Form I-140). Premium Processing is not available to "other workers" in the EB-3 category for jobs that do not require two years of education, training or experience.

Posted by szetolaw at 04:33 PM | Permalink | Comments (0)

According to State Department's newly released  August 2006 Visa Bulletin, the EB2 perference category for Indian nationals will become unavaliable (U) for the month of August 2006.  EB2 is an employment based immigrant visa category for individuals with exceptional ability or holders of higher degrees.  No immigrant visas or green cards can be issued for this category of individuals until visas become available.  It is important to note that Indian nationals may still file their adjustment application (green card) before August 1.  In fact, they should be doing exactly that if they are ready to do so. (E.g. labor certification has been approved)

Since Oct. 2006 is the beginning of FY 2007, new visa quota will become avaliable and the situation will likely change as well. 

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The U.S. Citizenship and Immigration Services (USCIS) announced on June 13, 2006, that in order to comply with provisions of the International Marriage Brokers Regulation Act of 2005 (IMBRA), it will issue "Requests for Evidence" for more than 10,000 Alien Fiancé(e) Petitions (Form I-129F) currently pending at USCIS Service Centers.  All applications submitted on or after March 6 will have to comply with the new law and submit additional evidence to satisfy the new requirements.

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On June 1, 2006, the USCIS announced that it has received applications to fill the H1B numerical cap for the fiscal year 2007.  Applications received after May 24, 2006 will be returned to the applicants.  The applications received on May 26, 2006 at the USCIS will be subject to a randomized selection process or a lottery.  The cases selected by the process will be considered timely filed and processed accordingly.  The cases not selected by the lottery will be returned to the applicants. 

However, for individuals who are already in valid H1B status, they may still continue to be employed by the current or a new H1B employer.  And for those who have earned an advanced degree in the U.S. (Master's or above), there are still avaliable H1B visa numbers for them because of the additional 20,000 quota created by the H1B Visa Reform Act of 2004.   As of June 1, 2006, the USCIS has received 5,830 H1B applications filed by advanced degree holders. 

Posted by szetolaw at 04:01 PM | Permalink | Comments (0)

In the newly released June 2006 visa bulletin, the cut-off date of the F2A (spouses and children of LPR) categories all fall back to April 22, 2001 from March 1, 2002 from May 2006, except Mexico,  which advanced one month to July 22, 1999.  The State Department anticipates further retrogression of the F2A category cut-off date for July. 

Regarding the Employment-based Third Preference (EB-3) "Other Worker" (unskilled) visa subcategory, the category has become unavailable because all 5,000 annual numerical quota are expected to be exhausted in May, mostly by adjustment cases pending before the USCIS. 

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ICE News Release, May 15, 2006
"As part of the Department of Homeland Security’s (DHS) Secure Border Initiative, Immigration and Customs Enforcement (ICE) today announced the expansion of the process known as Expedited Removal to cover illegal alien families apprehended in areas along the nation’s southern, northern and coastal borders. To house these families, a new 500-bed facility in Williamson County, Texas which is specially-equipped to meet family needs opened today."

Posted by szetolaw at 03:30 PM | Permalink | Comments (0)

The Executor Office for Immigration Review, which governs the Immigration Courts, announced recently that conditional asylees granted asylum based on persecution related to a coercive population control program (CPC) must report their current address as soon as possible or risk losing their conditional asylum grant.  The announcement was made in response to reports that a number these Chinese conditional asylees may not have received the postal notices regarding security clearance requirements or final decisions because of failure to update their address information.

There used to be a 1,000 annual quota on final asylum grants based on CPC before May 11, 2005.  The limit was lifted by the Real ID Act passed on May 11, 2005.  These conditional asylees became eligible for final grants of asylum as long as they could clear security and background checks.  Approximately, 11,000 conditional asylees were notified by mail of these changes.  About 5,700 of them have not yet come forward for these procedures.   These individuals should report their new addresses with the Immigration Court or the Board of Immigration Appeals as soon as possible.

It is important to note that any change in address of all non-citizens must also be reported to the Department of Homeland Security within 10 days of move by filing the AR11 form. 

Posted by szetolaw at 03:48 PM | Permalink | Comments (0)

The USCIS posted the most updated numbers on the usage of the H1B visas for FY2007.  As of 4/24/2006, 3907 of the 58200 general H1B quota have been used for approved cases and 8806 more cases are currently pending. 898 of the 20,000 advanced degree holders cap have been used due to approval and 1460 more cases are pending. 

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After a heated debate Monday night, the Senate Judiciary Committee voted to approve a bill that would allow an estimated 11 million illegal immigrants to be legalized and become U.S. citizens.  Under this plan, foreigners would be allowed to work in the U.S. for six years and, after another five years, apply for citizenship, provided they pay back taxes, learn English, pass criminal background checks, and pay a penalty fee.  The bill was approved on a 12-to-6 vote, dividing the Republican Senators.  However, it is not clear if the Senate Majority Leader, Bill Frist, will present this bill to the Senate or introduce his own enforcement-only bill.  The debate on immigration continues.

Posted by szetolaw at 09:19 AM | Permalink | Comments (1)

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Last week, a panel of the U.S. Senate, the Senate Judiciary Committee was investigating several proposals to reform the current immigration laws.  Some proposals recommend only enforcement of the laws and strengthening of our borders without considering the tens of millions of illegal aliens who are residing in the U.S.  Others recommend a more comprehensive approach, allowing also means for illegals to be legalized, in addition to punishing them for violating the immigration laws.  At the beginning the panel was only considering the enforcement-only bills.  However, towards the end of the debate, it was reported that the panel may have accepted a more comprehensive immigration reform bill proposed by Senators Kennedy and McCain, which would allow illegal immigrants an opportunity to apply for residence and citizenship and recommend a guess worker program (as proposed by President Bush) to allow foreign workers to fill jobs that are unwanted by Americans.  However, a formal recommendation of the panel will not be made until after a week-long recess.  Any recommendation must also be adopted by the Senate and reconciled with the House version of a more restrictionist bill before it can become law.

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Many people with immigration petitions pending, such as green card petitions and naturalization applications, are not able to get the requested immigration benefits because their "name checks" have not come back yet.  USCIS usually is not able to provide a definite answer as to the timing of these name checks because other governmental agencies such as the FBI are involved.  These concerns have been voiced to Congress and meetings are being held in an attempt to resolve the problem. 

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The USCIS announced in a memo on January 31, 2006 that the Service Center Directors now have authority to deny the Form I-751, Petition to Remove Conditions on Residence.  The Form I-751 is used by conditional residents to remove their conditional residence status by the anniversary of the grant of status.  Previously, such authority rested solely with the District Directors.  Under this new policy, a Service Center Director may deny a Form I-751 if he or she is satisfied that marriage was used to evade immigration laws.  However, the  USCIS emphasized that, in certain appropriate situations, the case will still be forwarded to the district office for in-person interviews.

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USCIS announced recently that it will no longer group naturalization applications unless specifically requested by a family.  Grouping means trying to process the naturalization applications for the same family together so that the family members can take the test and be naturalized at the same time.  However, such a practice has been found to cause delay and inefficiency.  Therefore, USCIS has decided to stop grouping. However, individual applicants may specifically request such a service when they file their applicants.

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DOS commented through AILA that the outlook for employment-based numbers are expected to improve.  Worldwide numbers will remain current for 1st and 2nd preference.  3rd preference is also expected to be current unless the DOL backlog cases come out in large numbers.  Similarly, both China and India's 1st and 2nd preference will see rapid advancement in the priority dates later this year.  For 3rd preference employment visas, China should stay at the Worldwide date and India's move will be limited. 

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The USCIS clarifies through AILA that filing fee checks for applications and petitions submitted to USCIS can be made payable to either the "Department of Homeland Security" or "U.S. Citizenship and Immigration Services."

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