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NSC Clarifies Policy on Multiple I-140 Filings In recent years, USCIS policy on a U.S. petitioner-employer’s ability to file multiple I-140 petitions on behalf of a foreign national has been an area of some uncertainty. In recent years, the USCIS’ policy has been a liberal one; the National Service Center (NSC) had confirmed that a petitioner is free to make multiple I-140 filings on behalf of a foreign national based upon a single approved labor certification. However, over the last two years, the NSC began demanding additional evidence in certain scenarios. Specifically, in instances where the initial I-140 was both denied and the subject of subsequent appeal, the NSC had actually been denying subsequent I-140 filings. Upon review, the center indicated its willingness to instead process such a subsequent I-140 filing, if the petitioner could present evidence that the appeal on the initial I-140 denial had been withdrawn. While this shed light on the issues surrounding the adjudication of a second I-140 filing, the USCIS in October of 2008 indicated that whenever an appeal was pending on an initial I-140 filing, the latter I-140 filing would be held in abeyance while the appeal was being processed by the Administrative Appeals Office (AAO). In practice, this policy would indicate that failure to withdraw the appeal on the first I-140 should not trigger an automatic denial; the AAO appeal would simply need to run its course. The NSC has recently confirmed that this is indeed their practice. In such a scenario, a second I-140 will not be processed by the NSC until the original labor certification that is the subject of both I-140 cases is returned by the AAO. The effect of this policy is clear: companies and individuals who have filed a second I-140 on a single labor certification, where the initial I-140 was the subject of appeal, will not be processed until the AAO has issued its decision. Processing of the second I-140 is held to the AAO’s timeline in issuing a decision upon the appeal. January 2009 Visa Bulletin Shows Limited Movement The January 2009
Visa Bulletin released by the Department of State (DOS)
shows limited movement with most cut-off dates for the
employment-based immigrant visa categories progressing very
little, if at all. Momeni v. Chertoff: Visa Waiver Overstay and Adjustment of Status Earlier this year,
the 9th Circuit Court of Appeals published its decision in
Momeni v. Chertoff (No. 07-55018), a problematic case
involving a Visa Waiver Program (VWP) entrant that
overstayed his authorized period of stay, later married a
U.S. citizen and then filed an I-130 Immigrant Petition and
I-485 Adjustment of Status Application. This case will
undoubtedly create major obstacles to others who overstay
their 90-day VWP period and then file to adjust their status
to permanent residency, particularly in the 9th Circuit
which covers the following states: Alaska, Arizona,
California, Hawaii, Idaho, Nevada, Montana, Oregon, and
Washington. Task Force on New Americans Reports on Immigrant Assimilation As the U.S. continues to diversify, it is crucial that greater efforts are made to fully integrate immigrants into American society according to a report released by The Task Force on New Americans. "Building an Americanization Movement for the 21st Century" was released earlier this month by the federal task force and focuses on the increased need for assimilation efforts due to the major immigration increase of the past 40 years. Although the task force does feel the immigrants are generally "Americanized" after entering the country, the report states that rapid growth in immigrant population, including an increase in illegal immigration have somewhat hindered current assimilation efforts. Trends present in the report illustrate there are areas the government can improve to aide immigrants in tasks like learning English, American history and promoting integration in society. Recommendations in the report include more electronic and distance learning opportunities as part of an overall enhanced education plan. Another step outlined in the report calls for the federal government to work more closely with private-sector and community-based organizations to promote language and civics programs. The report shows settlement patterns in U.S. regions have not traditionally been immigrant destination, the task force recommends the areas receive extra attention to ensure successful integration of the new populations. The organization, created by President Bush in 2006, focuses on creating services that help immigrants learn English, embrace the common core of American civic culture and fully become an American. In the two years since its conception the Task Force has developed interagency programs to help immigrants settle into their new country and maximize the use of federal resources in encouraging integration. The Task Force offers technical resources to communities and organizations, encourages volunteerism, develops effective training methods, conducts targeted research efforts, and provides recommendations to the President. For more information about the Task Force, visit http://www.dhs.gov/ximgtn/committees/details.shtm.
Revision to the Employment Verification Document
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