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Adopting the approach of the Second,Third, and Fifth Circuits

Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)

U.S. Embassy London remind members that the Border Security Fee now in effect for certain H-1B and L-1 cases

U.S. Embassy London remind members of the Border Security Fee now in effect for certain H-1B and L-1 cases. Although the fee in most cases is usually paid to USCIS when the petition is filed, blanket L-1 fees are collected at the Embassy or Consulate.

USCIS provides e-mail addresses for inquiries involving lockbox-filed forms

USCIS provides e-mail addresses for inquiries involving lockbox-filed forms.

ICE has activated the Secure Communities in 969 jurisdictions across 37 States

As of 1/11/11, ICE has activated the Secure Communities biometric information sharing capability in 969 jurisdictions across 37 states.

US Embassy in Mexico City on the new Nonimmigrant Visa Procedures

FAQs from the US Embassy in Mexico City on the new nonimmigrant visa procedures which took effect on 1/10/11. Please note that DOS website erroneously listed the start date of these new procedures as 1/10/10.

Revised M-274, Handbook for Employers

A 1/05/11 edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verification Form) from USCIS.

USCIS announces 2011 Martin Luther King Jr. Day Naturalization Ceremonies

USCIS announces 2011 Martin Luther King Jr. Day Naturalization Ceremonies.

Guidance on handling of AOS cases interviewed at USCIS field offices

USCIS 1/11/11 interim memo for comment provides guidance on handling of AOS cases interviewed at USCIS field offices that have been impacted by visa retrogression. The memo is in effect until further notice.

H-1B Cap Count for FY2011

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/07/11, approximately 58,700 H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees.

H-2B Cap Count for FY2011

As of 1/07/11, USCIS receipted 2,129 petitions toward the 33,000 H-2B cap amount for the second half of the fiscal year. This count includes 1,452 approved and 677 pending petitions. H-2B cap count information for the first half of FY2011 is also available.