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We are very pleased to announce that
effective October 1, 2009 the name of our law firm will
formally change to: Barst Mukamal & Kleiner LLP
Philip J. Kleiner, our senior partner,
has been practicing immigration law for thirty-five years and
has been a member of our firm since 1973. Mr. Kleiner is a well-recognized
lecturer and one of the leading authorities on corporate immigration
law. He frequently leads seminars for human resources personnel
and corporate counsel on regulatory compliance for employing
foreign nationals in the United States. Mr. Kleiner is also
a contributing author for various publications regarding immigration
law. His diverse areas of practice include all areas of corporate
immigration law for individual, start-up, mid-size, and large
multinational companies in a variety of industries including
information technology and manufacturing. Immigration
Law Update
USCIS Announces Resumption of Premium
Processing Service for Form I-140, Immigrant Petition for
Alien Worker
USCIS announced today that effective
June 29, 2009, it will resume Premium Processing Service for
Form I-140, Immigrant Petition for Alien Worker,
in accordance with 8 CFR 103.2(f)(2).
After an evaluation of its I-140 backlog
reduction efforts and increased I-140 adjudicative efficiencies,
USCIS has concluded that it is now able to provide Premium
Process Service for this benefit. USCIS will accept Premium
Processing requests for Form I-140 Immigrant Petition for
Alien Worker, involving EB-1 Aliens with Extraordinary Ability,
EB-1 Outstanding Professors and Researchers, EB-2 Members
of Professions with Advanced Degrees or Exceptional Ability
not seeking a National Interest Waiver, EB-3 Professionals,
EB-3 Skilled Workers, and EB-3 Workers other than Skilled
Workers and Professionals.
Premium Processing Service is still not
available for Form I-140, Immigrant Petition for Alien Worker,
involving EB-1 Multinational Executives and Managers and EB-2
Members of Professions with Advanced Degrees or Exceptional
Ability seeking a National Interest Waiver.
Under the Premium Processing Service,
USCIS guarantees petitioners that, for a $1,000 processing
fee, it will issue either an approval notice, or where appropriate,
a notice of intent to deny, a request for evidence or open
an investigation for fraud or misrepresentation, within 15
calendar days of receipt. If the petition is not processed
within 15 calendar days, USCIS will refund the $1,000 fee
and continue to process the request as part of the Premium
Processing Service. In addition to faster processing, petitioners
who participate in the program may use a dedicated phone number
and e-mail address to check on the status of their petition
or ask any other questions they may have concerning their
petition. Premium Processing Service continues to be available
for previously designated classifications within Form I-140
and Form I-129, Petition for Nonimmigrant Worker.
E-Verify - Federal Contractors
Federal contractors and subcontractors are required
to use using the U.S. Citizenship and Immigration Services' E-Verify system as of
September 8, 2009, to verify their employees' eligibility to legally
work in the United States. This new rule requires federal contractors
to agree, through language inserted into their federal contracts, to use
E-Verify to confirm the employment eligibility of all persons hired during a
contract term, and to confirm the employment eligibility of federal
contractors' current employees who perform contract services for the
federal government within the United States.
Federal contracts awarded and solicitations issued after September 8, 2009
will include a clause committing government contractors to use E-Verify.
The same clause will also be required in subcontracts over $3,000 for
services or construction. Contracts exempt from this rule include those
that are for less than $100,000 and those that are for commercially
available off-the-shelf items. Companies awarded a contract with the
federal government are required to enroll in E-Verify within 30 days
of the contract award date.
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility (I-9).
Reopens Public Comment Period for 30 days.
U.S. Citizenship and Immigration
Services (USCIS) announced today it has delayed by 60 days,
until April 3, 2009, the implementation of an interim final
rule entitled “Documents Acceptable for Employment Eligibility
Verification” published in the Federal Register on Dec. 17,
2008. The rule streamlines the Employment Eligibility Verification
(Form I-9) process.
Employers must complete a Form
I-9 for all newly hired employees to verify their identity
and authorization to work in the United States. The interim
final rule will amend regulations governing the types of acceptable
identity and employment authorization documents employees
may present to their employers for completion of the Form
I-9. Under the interim rule, employers will no longer be able
to accept expired documents to verify employment authorization
on the Form I-9. USCIS.GOV
USCIS Revises Direct Mail Program for the Application for Naturalization (Form N-400)
Effective Jan. 22, 2009, applicants
must submit Form N-400 and related supplements to one of two
new USCIS Lockbox facilities for initial processing, using
the following addresses:
If You Reside In: Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska,
Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, Wyoming, Territory of Guam, or Northern Mariana
Islands, file your N-400 with:
USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 21251
Phoenix, AZ 85036
Courier and
Express Mail Deliveries
USCIS, Attn: N-400
1820 E. Skyharbor Circle S. Floor 1
Phoenix, AZ 85034
If You Reside In:Alabama,
Arkansas, Connecticut, Delaware, District of Columbia, Florida,
Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode
Island, South Carolina, Tennessee, Texas, Vermont, Virginia,
West Virginia, or U.S. Virgin Islands, file your N-400 with:
USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 299026
Lewisville, TX 75029
Courier and Express Mail Deliveries
USCIS, Attn: N-400
2501 S. State Hwy 121, Bldg. 4
Lewisville, TX 75067
USCIS.GOV
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