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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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