Mark A Ivener, A Law Corporation

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USCIS Releases Controversial Draft Policy Memo on Job Portability

U.S. Citizenship and Immigration Services (USCIS) recently released a draft policy memorandum, “Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability.” The memo was posted on November 20, 2015, and the comment period ends January 4, 2016. The memo instructs Immigration Services Officers… Read More

USCIS Issues Policy Memo on Initial Field Review of AAO Appeals

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on November 4, 2015, on initial field review of appeals to the Administrative Appeals Office (AAO). The memo provides guidance to USCIS employees on the proper processing of such appeals. Field offices include USCIS field and overseas offices, service centers, and the National Benefits Center.… Read More

State Dept. Projects Employment-Based Visa Number Availability in Coming Months

The Department of State’s Visa Bulletin for December 2015 includes information on visa number availability in the coming months. For the employment fourth preference (certain religious workers) category, the bulletin notes that the non-minister special immigrant (SR) program expires on December 11, 2015. No SR visas may be issued overseas, or final action taken on… Read More

State Dept. Replaces Manual of Visa Guidance

On November 18, 2015, the Department of State (DOS) will replace the legacy Volume 9 of the Foreign Affairs Manual (9 FAM) with the 9 FAM-e. The 9 FAM-e will become the authoritative source for visa guidance. DOS said the new 9 FAM-e represents the revision and reorganization of more than 4,000 pages of the… Read More

DHS Proposes Rule on Expanding F-1 STEM OPT

On October 19, 2015, the Department of Homeland Security (DHS) published a new proposed rule on expanding F-1 science, technology, engineering, and mathematics (STEM) optional practical training (OPT). Specifically, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by… Read More