Mark A Ivener, A Law Corporation

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USCIS Completes FY 2008 H-1B Selections, Changes Procedures

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2007, that it completed the computer-generated random selection process to determine which H-1B petitions subject to the congressionally mandated H-1B cap for fiscal year (FY) 2008 would be accepted for processing. Among other things, petitioners who received receipt notices dated before April 12, 2007, cannot… Read More

DHS Issues Final Rule on Petitioning Requirements for O and P Nonimmigrants

The Department of Homeland Security (DHS) issued a final rule effective May 16, 2007, to permit petitioners to file O and P nonimmigrant petitions up to one year before the petitioner’s need for the worker’s services. The rule is intended to enable petitioners who are aware of their need for the services of an O… Read More

DHS Revamping Electronic Verification System

The Department of Homeland Security (DHS) is updating its electronic records system to consolidate information from different systems of records notices and add new sources of data. The update includes Basic Pilot Program information used to determine whether a newly hired employee is authorized to work in the U.S. The notice is available at here.… Read More

“Other Worker” Visa Category Becomes Unavailable; Some Categories Move Forward Significantly

The Department of State’s Visa Bulletin for May 2007 notes that the employment third preference “other worker” category for unskilled workers was expected to reach the annual numerical limit by the end of April. As a result, the category became unavailable beginning in May and will remain so for the remainder of fiscal year 2007.… Read More

USCIS Issues Final Rule Removing Standardized Request for Evidence Timeframe

U.S. Citizenship and Immigration Services (USCIS) issued a final rule, effective June 18, 2007, to provide flexibility to the agency in setting the time allowed to applicants and petitioners to respond to a Request for Evidence (RFE) or to a Notice of Intent to Deny (NOID). Specifically, the final rule maintains the current 12-week standard… Read More