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Official Memos (USCIS, USDOS, USDOL, ICE)

9 files

  1. Accrual of Unlawful Presence and F, J, and M Nonimmigrants

    Accrual of Unlawful Presence and F, J, and M Nonimmigrants

    This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers and assists USCIS officers in the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents while in the United States. The PM also revises previous policy guidance in the USCIS Adjudicator’s Field Manual (AFM) relating to this issue.

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  2. USCIS Guidance for Requests for Evidence and Notices of Intent to Deny | RFE | NOID

    Jul 13, 2018
    USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny
    WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 
    This updated guidance is effective September 11, 2018, and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.
    “For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  
    The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.
    The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting the required evidence.  
    USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought or submits a request for a benefit or relief under a program that has been terminated. 
    If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     
    Waiver applications submitted with  little to no supporting evidence; or Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

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  3. Attorneys General from 15 States Oppose overtime rule - Letter to USDOL

    Attorneys General in 15 states sent a letter urging the US Department of Labor to not adopt a proposed overtime rule.
    New York Attorney General Letitia James reported the proposed rule would cause more than 8 million workers, including 600,000 workers in New York, to lose overtime protections.
    According to the letter, “the proposed rule would expose millions of workers in our states — including minimum wage and median-wage workers who lack anything resembling the bargaining power and compensation typical of ‘white collar’ workers — to [executive, administrative and professional] misclassification, a practice that remains as pervasive in our states, if not more so, as it was in 2016.”
    The Department of Labor’s rule would require workers making up to $679 per week, or $35,308 per year, to automatically be eligible for overtime if they work more than 40 hours per week. It would affect workers in “executive, administrative and professional” categories.
    Presently, the level under which workers are automatically eligible for overtime pay is $455 per week or $23,660 per year. However, a rule proposed in 2016 by the Obama Administration would have raised the level to $913 per week or $47,476 annually, and then automatically update it every three years. The Obama rule was rejected by a federal court in 2017.
    In their letter, Attorneys General argued the lower wage level of the new rule would make uncovering misclassification as exempt from overtime more difficult to enforce.
    “Since its adoption, workers in many of our states have relied on the [Fair Labor Standards Act] as their primary guarantee for receiving overtime pay,” according to the letter. “When the salary level is set too low, workers in our states suffer from lower incomes and longer hours.”
    Tuesday was the final day for comments on the department’s proposed rule.
    “It is the fundamental responsibility of the US Department of Labor to protect the workers of this country. This proposed rule is a complete abdication of that responsibility,” said New York Attorney General Letitia James. “New York stands with our fellow states in continuing to fight for employees and to enforce laws that hold employers liable for overtime violations.”

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  4. H-1B Filing Tips and Understanding Requests for Evidence (RFEs)

    This is an official memorandum from the USCIS with H-1B Filing Tips and Understanding Requests for Evidence (RFEs)

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  5. KCC Consular Notification | PIMS Database | Visa Stamping

    Please note that while submitting a petition to the USCIS requesting a Consular Notification, you must submit a duplicate copy of the petition to update The KCC scans the Petition Information Management System (PIMS) database. If it was not sent, you may send a copy after approval to the same USCIS service center which approved the case. Please ensure you highlight a letter with words "KCC Consular Notification request" 

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  6. Employee-Employer-Relationship-H-1B-Petitions-USCIS-FAQs | Client Letter RFE |

    You may submit a copy of this Memorandum (FAQ # 5) when a client letter is not available for an H1B RFE.

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  7. H1B Temporary Acceptance without LCA

    This memorandum is dated back to 2009 when USCIS accepted H1B Petitions without an LCA from the USDOL.

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  8. Actual H1B Employer Employee Relationship Memo | Nuefeld H1B Memo 2010

    This is the Actual H1B Employer-Employee Relationship Memo by Director Nuefeld in 2010. This memo resulted in Client letter requests, supervision, control etc.

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  9. PERM Filing Data by Employer Name QTR2 2019

    This spreadsheet contains PERMs filed by Employers (Excludes Beneficiary names) as of QTR2, 2019. This data is downloaded from the USDOL website and it's official, We have removed some unwanted columns and sorted by Employer Name.

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