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Articles Posted in Immigration News

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Clarification as to the FCCPT’s substantial equivalency of foreign-educated Physical Therapists (PT)

The Foreign Credentialing Commission on Physical Therapy (FCCPT) issued a letter clarifying its educational equivalency for foreign educated Physical Therapists in February of 2009. Recently, there has been much confusion over the issue. The FCCPT is the only entity authorized by the United States Citizenship and Immigration Service (USCIS) to…

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BALCA vacates CO’s denial of Labor Certification involving Employer’s FEIN

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Cook.” The employer filed a LC on behalf of an alien worker in February of 2006. In November of 2007,…

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LATEST UPDATE – FY 2010 H-1B Cap Count

On June 30, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions…

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USCIS will resume Premium Processing for Form I-140, Immigrant Petition for Alien Worker beginning June 29, 2009

The United States Citizenship and Immigration Service (USCIS) has announced that effective June 29, 2009, it will resume the premium processing service for Form I-140, Immigrant Petition for Alien Worker. The following categories are eligible for premium processing: EB-1 Aliens with Extraordinary Ability EB-1 Outstanding Professors and Researchers EB-2 Member…

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Updated Service Centers Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on June 15, 2009 with processing dates as of April 30, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…

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USCIS ordered to accept concurrently-filed Religious Worker I-360 and I-485 applications

Last week, a Washington District Court ordered the United States Citizenship and Immigration Service (USCIS) to begin accepting concurrently-filed I-360 and I-485 petitions. The District court ordered that the bar against concurrent filings on behalf of religious workers, as set forth in 8 C.F.R. § 245.2(a)(2)(i)(B), was an impermissible construction…

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Legislation to Protect Orphans, Widows and Widowers Introduced by Senators Menendez (D-NJ), Gillibrand (D-NY), and Leahy (D-VT)

On Thursday, June 11, 2009, Senators Robert Menendez, Kirsten Gillibrand and Patrick Leahy introduced the Orphans, Widows and Widowers Protection Act (S. 1427). This legislation would provide essential immigration protections for those impacted by the death of a sponsoring relative. The legislation imposes specific requirements that must be followed for…

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