Author: tancincowp

USCIS has updated processing times for the Immigrant Investor visa program. Below is a list that shows the form number, form name and processing times for the form processed by the Immigrant Investor Program Office.

Form I-526, the Immigrant Petition by Alien Entrepreneur
Used by an entrepreneur wishing to immigrate to the United States
Processing timeframe: 13.4 months

Form I-829, the Petition by Entrepreneur to Remove Conditions
Used to remove lawful permanent resident conditions for immigrant investors
Processing timeframe: 13.6 months

Form I-924, the Application for Regional Center Under the Immigrant Investor
Used to apply for regional center status
Processing timeframe: 11.5 months

The U.S. Department of Homeland Security (DHS) is joining with Public Safety Canada and the Secretariat of Governance of Mexico to describe first steps to create a North American Trusted Traveler network. This new agreement, signed by the Secretary of Homeland Security, will make it easier for eligible travelers in the U.S., Canada and Mexico apply for expedited screening programs.

As part of this agreement, Mexican nationals who are member’s of Mexico’s Viajero Confiable program will be able to apply for the U.S.-Canada NEXUS trusted traveler program. Canadian citizens who are members of NEXUS will be able to apply for the Viajero Confiable program. U.S. citizens are currently eligible to apply to both trusted traveler programs.

“Trusted Traveler programs are a vital tool to facilitate international travel and trade,” said Jeh Johnson, Secretary of Homeland Security. “I am pleased to work together with Canada and Mexico to lay the groundwork for expedited arrival screening for pre-approved travelers from all three countries. We are committed to enhancing the travel experience through our risk-based approach to aviation security, and this expanded partnership will benefit travelers all across North America.”

USCIS notes that it has accounted for nearly all of the approximately 2,600 identified invalid work permits that require return to the federal agency. Only 22 recipients have failed to return their work permits or certify good reason for not returning them by the July 30, 2015, deadline. The 22 individuals who did not comply have been terminated from the DACA program.

This particular recall only applied to some of the DACA individuals who received a work permit after the February 16, 2015, court order. An approximately 108,000 individuals with valid 3-year DACA work permits are not affected.

Last week, USCIS made a series of updates to key forms. Forms included in this series of updates include the following:

• Form I-865, the Sponsor’s Notice of Change of Address form. New edition dated 07/17/15.
• Form I-601A, the Application for Provisional Unlawful Presence Waiver form. New edition dated 07/08/15.
• Form I-212, the Application for Permission to Reapply for Admission into the United States After Deportation or Removal form. New edition dated 06/30/15.
• Form I-90, the Application to Replace Permanent Resident Card form. New edition dated 06/30/15.
• Form I-612, the Application for Waiver of the Foreign Residence Requirement form (under Section 212(e) of the Immigration and Nationality Act, as Amended). New edition dated 06/22/2015.
• Form G-884, Return of Original Documents. New edition dated 06/15/15. You can use previous editions of this form.

USCIS informs DACA recipients that there is a three-year work permit recall that applies to some people who have received a card after the February 16, 2015, court order. If you received a letter or were contacted by USCIS regarding the recall of certain three-year work permits, you are required to immediately return your three-year work permit, which is also known as an Employment Authorization Document (EAD), to your local USCIS office.

If you fail to return your EAD, USCIS will terminate your DACA status and all employment authorizations connected to that status, effective July 31, 2015.

New guidance provided by USCIS clarifies eligibility requirements for modification of the Oath of Allegiance. Reciting the Oath of Allegiance is part of the naturalization process. As part of the oath, candidates for citizenship typically declare that they will ‘bear arms on behalf of the United States’ and ‘perform noncombatant services in the Armed Forces of the United States’ when required by law.

Candidates may be eligible to exclude these two clauses in certain instances. A candidate may be eligible to exclude the clauses based on religious training and belief, or conscientious objection arising from a deeply held moral or ethical reason. The candidate is not required to belong to a specific church or religion, follow a particular theology or belief or have had specific religious training to qualify. The candidate may submit, but is not required to provide, an attestation from a religious or similar organization, as well as other evidence to establish his or her eligibility.

USCIS announced last week that it has completed processing the return of fiscal year 2016 H-1B cap-subject petitions that were not selected in its computer-generated random selection process. USCIS had previously announced on May 4, 2015, that it had completed data entry of all selected cap-subject petitions.
Any applicant who submitted an H-1B cap-subject petition between April 1 and April 7, 2015, and has not yet received a receipt notice or returned petition by July 20, 2015, should contact USCIS directly.

U.S. Customs and Border Protection has started testing a new, enhanced mobile device to collect biometric data from a small set of foreign national air travelers leaving the U.S. at Atlanta’s Hartsfield-Jackson International Airport. Officers of CBP will compare biometric data collected via this handheld device to the biometric data collected when the foreign traveler entered the U.S.

“CBP is relentless in its pursuit of new and innovative technology that will assist officers in their efforts to provide national security and efficiently facilitate trade and travel through our nation’s ports of entry,” said Office of Field Operations Assistant Commissioner Todd Owen. “Thorough testing will ensure that we deploy the right technology in a way that enhances security, protects privacy and improves the process.”