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Direct Filing Procedures for Forms I-129 and I-539
The United States Citizenship and
Immigration Services (USCIS) recently announced new
filing procedures for Form I-129 (Petition for a
Nonimmigrant Worker) and Form I-539 (Application to
Extend/Change Status). Effective April 2, 2007,
these filings will be the first applications
affected by the recently implemented
Bi-Specialization policy which distributes petition
documentation to specialized service centers.
Petitioners will be required to file these
applications directly with the service center that
has jurisdiction over the place of employment or
residence. These forms will be either filed with the
Vermont Service Center (VSC) or the California
Service Center (CSC). Once the petition is sent to
the VSC or CSC, petitioners can expect that the
receipt notice and approval notice will come
directly from that service center. This revised
process should simplify the previous procedure of
sending the applications to one service center which
would then subsequently distribute to another for
adjudication.
A grace period has been announced between April 2
and April 16 during which the USCIS will accept all
I-129 and I-539 petitions regardless of the new
filing procedures. Also, H-1B petitions that have
been prepared in advance of the April 2 filing date
do not require a change to the service center
address on support letters or documents, but should
be sent to the service center that currently has
jurisdiction. Beginning April 17, 2007, all cases
must be sent to the correct service center or the
petition will be rejected and returned with fees and
instructions for proper filing.
New Biometrics
Process for Conditional Permanent Residents
The USCIS has announced a new biometric process
for conditional permanent residents who file Form
I-751 (Petition to Remove Conditions on Residence).
A photograph, signature and index finger print of an
applicant will now be used to generate the lawful
permanent resident card when Form I-751 is approved.
The new process was implemented to improve the
process and the timeliness of applicants receiving
their permanent resident cards. It will also
eliminate the manual processing of Form I-89 and
reduce potential fraud through electronic identify
verification of an applicant utilizing their
personal and unique biometrics. The electronic
fingerprint will also reduce times for background
checks.
The new process is as follows:
• All conditional permanent residents are to visit a
USCIS Application Support Center after they have
filed Form I-751 to have their biometrics
electronically captured.
• An automatic appointment notice will be sent to
the applicant containing a specific date, time, and
location for the biometric processing.
• The biometric appointment will consist of
capturing electronic photographs, signature, index
fingerprint and ten-print fingerprint of the
applicant.
• The photograph, signature and index finger print
are used to generate the lawful permanent resident
card when the Form I-751 is approved. The
ten fingerprints are taken for the purpose of
conducting a criminal background check and are
processed for applicants between the ages of 14 to
79.
The USCIS requires all conditional permanent
residents to submit the standard base petition fee
of $205 and a biometric service fee of $70. Each
conditional resident’s dependant, who is eligible to
be included on the principal applicant's Form I-751
and listed under Part 5 of Form I-751, must submit
an additional biometric service fee of $70.
House Introduces
the Bi-Partisan Comprehensive Immigration Reform STRIVE Act
Both Democratic and Republican members of
the House of Representatives stood united on March 22nd to
introduce the STRIVE Act of 2007. Standing for “Security
Through Regularized Immigration and a Vibrant Economy”, the
STRIVE Act was introduced by Representatives Luis Gutierrez
(D-IL) and Jeff Flake (R-AZ) along with other leading House
members from both parties.
The bill restarts the comprehensive immigration reform
legislative process that has been on hold since the 2006
proposal (S. 2611) passed through the Senate. Including an
expanded worker visa program and the opportunity for earned
citizenship, the STRIVE Act also sets border security
requirements that must be met before the expanded visa
program and legalized citizenship are enacted. The new
worker and citizenship provisions are also dependent on the
implementation of the first phase a new Electronic
Employment Verification System requiring the participation
of critical infrastructure employers. To read an overview of
the bill, click
here.
Government Filing
Fee Increase
The USCIS has announced a proposal to
raise immigration filing fees by an average of 66%.
They project these fee increases will ensure
sufficient funding for national security, customer
service improvements, and new technology and
business process platforms that will increase their
capabilities and service levels. In addition to
raising filing fees, they also propose to eliminate
certain fees by consolidating and reallocating costs
among the various charges. For example, while the
fee for Form I-485 (Application to Register
Permanent Residence or Adjust Status) may be raised
from $325 to $905, applicants would not be required
to pay separate fees for the interim benefits of
advance parole and employment authorization while
the adjustment application is pending.
This proposed fee schedule has not yet been
implemented, and the USCIS will accept public
comment on this proposal through April 2, 2007. The
text of the proposal can be found online at the
GPO.gov website
(document no. fr01fe07-24, “Adjustment of the
Immigration and Naturalization Benefit”).
Instructions for submitting public comments and
review are included in the text of the proposal.
The projected filing fees for selected forms are as
follows (current filing fees are in parentheses):
• I-129, Petition
for a Nonimmigrant Worker: $320 ($190)
• I-130, Petition
for an Alien Relative: $355 ($190)
• I-131,
Application for Travel Document: $305 ($170)
• I-140, Immigrant
Petition for Alien Worker: $475 ($195)
• I-485,
Application to Register Permanent Residence or
Adjust Status: $905 ($325) if 14 years or older;
$805 ($325) if under 14 years.
•
Fingerprint/Biometric Fee: $80 ($70)
• I-539,
Application to Change or Extend Nonimmigrant Status:
$300 ($200)
• I-751, Petition
to Remove Conditions of Residence: $465 ($205)
• I-765,
Application for Employment Authorization: $340
($180)
I-9 Verification
Best Practices
On December 12, 2006, Immigration and Customs
Enforcement (ICE) raided six meat processing plants owned by
Swift & Co. and arrested over 1,200 undocumented workers. As
ICE raids are becoming more common, it is imperative for employers to
protect themselves by completing an I-9 Employment
Verification form in a timely fashion for all newly-hired
employees.
Employers should make photocopies of both the identity
documents and the employment-authorization documents of
these employees. It is important, however, not to ask for
more documents than required by law to avoid issues with the
Justice Department regarding "document abuse" and
"anti-discrimination" laws. It is also recommended that
employers periodically audit their I-9 forms to ensure
compliance and verification.
I-485 Applications
Going to New Service Centers
Due to the re-organization of the USCIS service
centers beginning on April 2, 2007, I-485 applications are
being transferred from the California Service Center to
Nebraska Service Center, and from the Vermont Service Center
to the Texas Service Center. This includes cases that are
subject to visa retrogression and security/background
checks. Transfer notices will be sent and the USCIS online
system will be updated when a transfer occurs. Transferred
cases will be processed based upon the original filing date
and not the date of the transfer. Since they are
transferring more applications, expectations are for an
increase in processing time.
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