2007
Jan 22, 2007: New Citizenship (Naturalization) Test...
Jan 12, 2007: On-LIne AR-11 Change of Address...
Jan 10, 2007: H/L Periods of Admission (6 Years?)...

HIGHLIGHTS
Indefinite: Foreign National Information/Database (Agency/Policy Section)
Indefinite: US VISIT "Biometric Identification" System (Agency/Policy Section)
Oct. 4, 2006: Diversity Visa Lottery Program Registration:  Oct 4, 2006 - Dec. 3, 2006
Oct. 26, 2005: US CIS Announces Fee Increase (October 26, 2005)
Sept. 13, 2005: State-by-State Summary of State Laws on Driver's License (CRS Report)
July 1, 2005: Immigrant Visa Retrogression:  All Nationalities/Third Preference
April 1, 2005: Direct Mail Program For I-485, I-765 and I-131, Phase Two: April 1, 2004

Mar. 28, 2005: PERM LCA (March 28, 2005)

2006
Sept. 28, 2006: Diversity Visa Lottery Program Registration:  Oct 4, 2006 - Dec. 3, 2006
Sept. 25, 2006: Premium Processing Expansion...
Sept. 15, 2006: Security Checks and Processing Delays...
August 18, 2006: Premium Processing Expansion
June 1, 2006: H-1B Visa Cap Reached
May 5, 2006: Security Checks and Processing Delays...
April 17, 2006: The Immigration Reform Bills...
April 3, 2006: Changes in Submission Address for I-129 and I-140 Applications...
March 28, 2006: H-1B Filing Begins on April 1, 2006 for FY 2007 (Oct. 1, 2006 - Sept. 30, 2007)
March 13, 2006: F and M Visa "Stickers" Issued 120 Days Prior to Academic Study
Feb. 7, 2006: I-864 Affidavit of Support With Initial Filing (Tax Return - 1 Year Only)
Feb. 6, 2006: I-693 Medical Examination Submission With Initial Filing
Feb. 3, 2006: Interviews Waived for Certain Family-Based Adjustment of Status Cases
Jan. 18, 2006: U.S. Master's Degree Holder's H-1B Visa "Cap" Reached
Jan. 17, 2006: H-1B Additional Periods (Keep Your Airline Tickets)
Jan. 12, 2006: H-1B Filing Begins on April 1, 2006 for FY 2007 (Oct. 1, 2006 - Sept. 30, 2007)
Jan. 5, 2006: U.S. Master's Degree Holder's H-1B Visa "Cap" Nearly Reached

2005 Highlights
Oct. 26, 2005: Digital Photo Passport Requirement for VWP Travelers (October 26, 2005)
Oct. 26, 2005: US CIS Announces Fee Increase (October 26, 2005)
Sept. 13, 2005: State-by-State Summary of State Laws on Driver's License (CRS Report)
July 2, 2005: AC21 105 Allows "Bridging" For H-1B "Portability" Applications
July 1, 2005: Immigrant Visa Retrogression:  All Nationalities/Third Preference
June 13, 2005: AC21 104(c) H-11B Periods (Beyond Initial 6-Year Limitation)
June 12, 2005: AC21 106(a) H-1B Periods (Beyond Initial 6-Year Limitation)
June 6, 2005: L-1 Visa Reform Act / "Blanket L" L-1s Require 1 Year Overseas Experience
June 6, 2005: L-1 Visa Reform Act / L-1B "Outsourcing" Limitation
June 1, 2005: All I-90 "Green Card" To Be Filed at Los Angeles Lockbox...
May 15, 2005: E-3 Visas for Australian Nationals (Spouses Eligible for Work Authorization)...
May 1, 2005: US CIS RFE (Request for Evidence) Issuance / US CIS Guidance Memorandum
April 15, 2005: Correcting Visa "Status (I-94)" Information
2005?: Republicans:  Temporary Worker Status Proposal (Inadmissibility Section)
2005?: Democrats:  SOLVE Act (Inadmissibility Section)

MONTHLY (Archived)
Monthly Archive Index: Monthly Archive Index (1997-2005)
Agencies & Policies Index: Immigration News:  Agencies & Policies

• 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, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training or experience),
• EB-3, Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions),
• EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience).

Note: Oct. 1, 2006:  H-1B Employment Start Date
If the beneficiary of an H-1B application is in valid visa "status" on October 1, 2005, then the H-1B petitioner/employer can file a H-1B "change of status" application subject to the FY 2007 H-1B numerical limitation beginning on April 1, 2006.  (The beneficiary must be in "status" to request a "change of status," not just "authorized stay.")  However, even if the beneficiary is in status on April 1, 2006, if his/her status expires before October 1, 2006, then he/she may have to depart the United States.  The reason is that when filing a change of visa status application, the new visa "status" start-up date must be within the validity period of the visa "status" (at the time of filing).

Example: No Need to Depart the United States
1.  F-1 (OPT+60 days) visa "status" expires on October 1, 2006.
2.  File a "change of status" H-1B application (subject to the FY 2007 H-1B numerical limitation) on April 1, 2006.
In the application, request an H-1B employment start-up date of October 1, 2006 (cannot request earlier date because FY 2007 H-1B visas can only be issued on October 1, 2006).
3.  The beneficiary of this application does not have to depart the United States, because he/she will be able to "change status" in the United States.
Reason:  The beneficiary's F-1 visa "status" expires on October 1, 2006, and the requested H-1B visa "status" begins on October 1, 2006 -- there is no gap in the visa "status".

Example:  May Need to Depart the United States
1.  F-1 (OPT+60 days) expires on August 1, 2006.
2.  File a "change of status" H-1B application (subject to the FY 2007 H-1B numerical limitation) on April 1, 2006.
In the application, request an H-1B employment start-up date of October 1, 2006 (cannot request earlier date because FY 2007 H-1B visas can only be issued on October 1, 2006).
3.  The beneficiary of this application may have to depart the United States, because he/she will not be able to "change status" in the United States.
Reason:  The beneficiary's F-1 visa "status" expires on August 1, 2006, and the requested H-1B  visa "status" begins on October 1, 2006 -- there is a gap in the visa "status".

For "F" and "J" visa "status" holders, there is a grace period that is considered as valid "status."  For example, if the F-1 (OPT) work authorization expires on July 1, 2006, then, there is a a 60-day grace period.  In this case, the F-1 visa "status" will expire on September 1, 2006.

Several years ago, "F" and "J" visa "status" holders were provided with an extended "duration of status."  While this special extension did not provide employment authorization, it allowed "F" and "J" visa "status" holders to remain in the United States until October 1 in valid status and therefore "change status" to the H-1B visa category.  There has been NO announcement in regard to this special rule for FY 2007 as of January 2006.

Note: Cap-exempt H-1B visa applications can be applied at any time and can start before Oct. 1, 2006
H-1B applications that are not subject to the numerical limitation are not affected by the "visa cap" problem.  Therefore, cap-exempt H-1B employment start date can be on/before October 1, 2006.
Applications that are not subject to the cap are:
a)  H-1B extension application for the same H-1B employer/petitioner,
b)  H-1B change of H-1B employer/petitioner application (including extension at the same time), unless, the current/prior H-1B employer is/was (c), (d), or (e) below AND the new H-1B employer is not (c), (d) or (e) below.
c)  The H-1B petitioner/employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a).
d)  The H-1B petitioner/employer is a nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a).
e)  The H-1B petitioner/employer is a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C).
f)  The H-1B beneficiary/employee of the application is a J-1 nonimmigrant alien (graduate medical education or training pursuant to IAN 212(e)(iii)) who received a waiver of the 2-year foreign residency requirement described in section 214(l)(1)(B) of the Act (commonly referred to as the Conrad State 20 program).
g)  The H-1B beneficiary/employee has been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than a year after attaining such status,
h)  20,000 (limited to) foreign nationals with Masters and higher degrees from U.S. graduate schools (limited to 20,000 per fiscal year [for FY 2006, as of January 2006, there are only 600 remaining and available]).
Download: Master's+ Degree FY2006 H-1B Visa Cap Reached (DHS/USCIS) (01/06)
Gov. Site: Official H-1B Visa Number Site (DHS/USCIS) (Jan. 2006)press
Details: H-1B VISA "CAP" (H-1B Nonimmigrant Visa Section)
Details: H-1B Nonimmigrant Visapress
Contact Our Firm/Download Questionnaire: H-1B Nonimmigrant Visa Questionnaire......

Note: Oct. 1, 2006:  H-1B Employment Start Date
If the beneficiary of an H-1B application is in valid visa "status" on October 1, 2005, then the H-1B petitioner/employer can file a H-1B "change of status" application subject to the FY 2007 H-1B numerical limitation beginning on April 1, 2006.  (The beneficiary must be in "status" to request a "change of status," not just "authorized stay.")  However, even if the beneficiary is in status on April 1, 2006, if his/her status expires before October 1, 2006, then he/she may have to depart the United States.  The reason is that when filing a change of visa status application, the new visa "status" start-up date must be within the validity period of the visa "status" (at the time of filing).

Example: No Need to Depart the United States
1.  F-1 (OPT+60 days) visa "status" expires on October 1, 2006.
2.  File a "change of status" H-1B application (subject to the FY 2007 H-1B numerical limitation) on April 1, 2006.
In the application, request an H-1B employment start-up date of October 1, 2006 (cannot request earlier date because FY 2007 H-1B visas can only be issued on October 1, 2006).
3.  The beneficiary of this application does not have to depart the United States, because he/she will be able to "change status" in the United States.
Reason:  The beneficiary's F-1 visa "status" expires on October 1, 2006, and the requested H-1B visa "status" begins on October 1, 2006 -- there is no gap in the visa "status".

Example:  May Need to Depart the United States
1.  F-1 (OPT+60 days) expires on August 1, 2006.
2.  File a "change of status" H-1B application (subject to the FY 2007 H-1B numerical limitation) on April 1, 2006.
In the application, request an H-1B employment start-up date of October 1, 2006 (cannot request earlier date because FY 2007 H-1B visas can only be issued on October 1, 2006).
3.  The beneficiary of this application may have to depart the United States, because he/she will not be able to "change status" in the United States.
Reason:  The beneficiary's F-1 visa "status" expires on August 1, 2006, and the requested H-1B  visa "status" begins on October 1, 2006 -- there is a gap in the visa "status".

For "F" and "J" visa "status" holders, there is a grace period that is considered as valid "status."  For example, if the F-1 (OPT) work authorization expires on July 1, 2006, then, there is a a 60-day grace period.  In this case, the F-1 visa "status" will expire on September 1, 2006.

Several years ago, "F" and "J" visa "status" holders were provided with an extended "duration of status."  While this special extension did not provide employment authorization, it allowed "F" and "J" visa "status" holders to remain in the United States until October 1 in valid status and therefore "change status" to the H-1B visa category.  There has been NO announcement in regard to this special rule for FY 2007 as of January 2006.

Note: Cap-exempt H-1B visa applications can be applied at any time and can start before Oct. 1, 2006
H-1B applications that are not subject to the numerical limitation are not affected by the "visa cap" problem.  Therefore, cap-exempt H-1B employment start date can be on/before October 1, 2006.
Applications that are not subject to the cap are:
a)  H-1B extension application for the same H-1B employer/petitioner,
b)  H-1B change of H-1B employer/petitioner application (including extension at the same time), unless, the current/prior H-1B employer is/was (c), (d), or (e) below AND the new H-1B employer is not (c), (d) or (e) below.
c)  The H-1B petitioner/employer is an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a).
d)  The H-1B petitioner/employer is a nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a).
e)  The H-1B petitioner/employer is a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C).
f)  The H-1B beneficiary/employee of the application is a J-1 nonimmigrant alien (graduate medical education or training pursuant to IAN 212(e)(iii)) who received a waiver of the 2-year foreign residency requirement described in section 214(l)(1)(B) of the Act (commonly referred to as the Conrad State 20 program).
g)  The H-1B beneficiary/employee has been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than a year after attaining such status,
h)  20,000 (limited to) foreign nationals with Masters and higher degrees from U.S. graduate schools (limited to 20,000 per fiscal year [for FY 2006, as of January 2006, there are only 600 remaining and available]).
Gov. Site: Official H-1B Visa Number Site (DHS/USCIS) (Jan. 2006)press
Details: H-1B VISA "CAP" (H-1B Nonimmigrant Visa Section)
Details: H-1B Nonimmigrant Visapress
Contact Our Firm/Download Questionnaire: H-1B Nonimmigrant Visa Questionnaire.0

Related Topic:
8December 29, 2005 13, 20058 Immigrant Visa Retrogression:  China, India, Philippines
As a result of the immigrant visa regression, beginning on January 1, 2005, and until further notice, affected applicants from mainland China, India, and the Philippines will not be able to file Form I-485 or concurrently file Form I-140 and Form I-485 unless an immigrant visa number is available, pursuant to the Visa Bulletin.  There is an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.  Family-sponsored and employment-based preference visas are issued to eligible immigrants in the order in which a petition in behalf of each has been filed (spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal).  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas: mainland China, India, and the Philippines.
Download: Concurrent Filing Memo (Regression/Country Specific) (US CIS/DHS) (12/2004)
i8Details: Concurrent Filing of I-140 and I-485 (Immigrant Visa/Employment-Based)press

The E-3 is:
(a) limited to 10,500 per fiscal year,
(b) E-3 petitioners/employers must file a ETA-9035 LCA (used for H-1Bs) and provide the higher of the actual/prevailing wage,
(c) file for a position that is a "specialty occupation" (identical to the H-1B "specialty occupation"),
(d) E-3 visa holder will be provided 2-year duration of stay per entry (but the visa is valid for 5 years),
(e) E-3 spouses are provided work authorization, and
(f) the E-3 can be renewed indefinitely.

An April 2005 Memorandum from the US CBP (Customs & Border Protection) informs that corrections for I-94 issued at a Port-Of-Entry (POE) can be requested at the actual US CBP POE or at a Local/District "Deferred Inspection" Department of the US CBP Office nearest to the foreign national's final destination.
Download: US CBP Correcting I-94s Issued at POE (04/2005) (US CBP/DHS)
i8Gov. Site: US CBP Port-Of-Entry (POE) Office Locations (04/2005) (US CBP/DHS)
i8Gov. Site: US CBP Local/District "Def. Inspec." Office Locations (04/2005) (US CBP/DHS)
Download: US CBP Local/District Office List (05/2004) (US CBP/DHS)

Correction for I-94 errors for I-94 cards issued by the US CIS (Citizenship & Immigration Service) for example, issued by the Regional US CIS Service Center with an approved I-797A extension/change of visa "status" application] can be requested at the Local/District US CIS Office.  (However, if the Local/District US CIS Office cannot make a determination/correction, then the foreign national will need to file Form I-102 with the Regional US CIS Service Center.)
Download: US CIS Correcting I-94s Issued With I-797 (03/2004) (US CIS/DHS)

If there are concerns relating to the collected/retained information in the US VISIT system, a redress/amend request can be either faxed and/or mailed to the DHS.
Download: US VISIT Redress/Amend Fact Sheet (06/2004) (DHS)
i8Gov. Site: US VISIT Redress/Amend Information (06/2004) (DHS)
i8Gov. Site: US VISIT Site (06/2004) (DHS)

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Related Topics:

VWP ("No Visa") Travelers Who Have Overstayed:
VWP (Visa Waiver Program) nationals may visit the United States temporarily, even without a visa "sticker."  While no change of status or no extension of stay is allowed, those individuals of participating VWP countries who have B-1 or B-2 intent, and who wish to enter the U.S. for less than three (3) months, can enter the U.S. without a visa "sticker" (issued by the Dept. of States).  As of October 26, 2004, VWP travelers must be in possession of a MRP (Machine-Readable Passport).  In the future, the traveler will also be required to have a MRP passport with biometric identifiers.  (Currently, while many may have a MRP passport, the biometric information is not included.  Therefore, as of September 30, 2004 US VISIT biometric entry inspection will be required for visitors entering the United States with the VWP (Visa Waiver Program) so that confirmation and collection of biometric information can be made).
Currently, if a VWP traveler has overstayed a previous visit to the United States under the VWP program, the foreign national is subject to detention, handcuffing and is denied entry into the United States.
However, Commissioner Bonner of the US CBP (Customs and Border Protection) announced in August 2004 that CBP officers will have discretion to grant no-risk travelers who overstayed under the VWP on a prior visit a one-time parole.  Commissioner Bonner stated:  "U.S. Customs and Border Protection is a law enforcement agency, but enforcement must always be tempered with common sense. If individuals are not a potential terrorist threat or criminal threat; nor are likely to contribute to the illegal population, and the overstay was short and inadvertent or for reasons beyond the applicant's control, CBP officers and supervisors have the authority to parole them into the U.S..."
CPB officers are now given discretion in the field to parole those who pose no risk for terrorism, criminality, or those who will become economic migrants.
Download: VWP Overstay / One-Time Parole (08/04) (DHS/US CBP)
i8Details: Nonimmigrant Visa (VWP section)
i8Details/Topic: "US VISIT" System
i8Details/Topic: Database of Foreign Nationals
Related(LINK): Entry/Admission & Inadmissibility Bars

Not Subject to US VISIT:
1.  Legal Permanent Residents "Green Card" Holders and Canadian Nationals are subject to the US VISIT system, but will be waived initially.
2.  Additionally, the Federal Register, published on January 5, 2004, delineates individuals who are currently not subject to US VISIT.  Individuals who are not subject includes:  individuals who are entering the United States via the VWP (Visa Waiver Program) until September 30, 2004 (unless the individual has an MRP passport and "biometric information" in compliance with ICAO (International Civil Aviation Organization), children under the age of 14, adults over the age of 79, etc. (See below; DHS announcement, April 2, 2004.)  Important:  Machine-readability and biometrics are not the same thing.  A machine-readable passport is one that can be "read" mechanically when swiped th
3.  Also, the DHS' Press Release on March 19, 2004 indicates that Mexican nationals who hold a Border Crossing Card (BCC) are not subject to US VISIT during primary inspection inasmuch as their biometric data (fingerscans and photographs) is captured during the BCC issuance process. However, by the end of 2004, as the next phase of US VISIT is implemented at southern land ports of entry, if a Mexican citizen chooses to use the BCC as a B1/B2 visa (traveling outside the "border zone" and/or staying longer than 72 hours in the U.S.), he/she will undergo US-VISIT at the land border secondary inspection areas.  While most Canadian Nationals are exempt, Canadian citizens who are required to obtain a visa in order to be admitted to the United States will require US VISIT.
The General Accounting Office (GAO) is the audit, evaluation, and investigative arm of Congress; it exists to support the Congress in meeting its Constitutional responsibilities and to help improve the performance and ensure the accountability of the federal government.  GAO examines the use of public funds, evaluates federal programs and activities, and provides analyses, options, recommendations, and other assistance to help the Congress make effective oversight, policy, and funding decisions.  The GAO has published GAO-04-82, a report entitled:  "OVERSTAY TRACKING:  A Key Component of Homeland Security and a Layered Defense."

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Download: GAO Report "OVERSTAY TRACKING" GAO-04-82 (05/04) (GAO)
i8Details/Topic: "US VISIT" System
i8Details/Topic: Database of Foreign Nationals
Related(LINK): Entry/Admission & Inadmissibility Bars

1.  If in the U.S., and applying for a nonimmigrant visa, prohibit an applicant from changing and/or extending status in the United States.
2.  If outside the U.S., prohibit an applicant from obtaining a visa (nonimmigrant OR immigrant) at the U.S. Consulate/Embassy.
3.  If in the U.S., and applying for an immigrant visa "green card," prohibit an applicant from adjusting status (I-485) in the United States ("bar to adjustment").

1)  has been a beneficiary of an I-130 relative application, filed before April 30, 2001, or
2)  has filed for an I-485 adjustment of status application, before April 30, 2001, or
3)  has been a beneficiary of an ETA-750 labor certification application, filed before April 30, 2001, or
4)  has filed an I-140 immigrant preference application, before April 30, 2001, or
5)  was/is/will be the derivative spouse or child of the individual in (1)-(4) above (some restrictions apply).

(1) The US CIS states that it views 245(i) "broadly," and the one-time adjustment rule means only that once a foreign national has been granted adjustment pursuant to a 245(i) petition he/she cannot later use 245(i) again -- should he/she lose the legal permanent resident status for some reason (e.g., abandonment, commission of a removable criminal offense).
(2) Furthermore, the US CIS also interprets 245(i) as permitting subsequently acquired derivatives to be grandfathered, and subsequently disconnected derivatives did not lose their 245(i) grandfathering by virtue of being disconnected. Should an individual file an application under 245(i), but that application is denied, the individual may still be eligible and grandfathered for 245(i) adjustment, as long as he/she was not already adjusted under 245(i) at any time.

...

LCA: SUBSTANTIVE DIFFERENCES (STANDARD/TRADITIONAL, RIR & PERM)

 
Labor Certification Application & DOL (Department of Labor):

The ETA-750 Labor Certification Application (LCA) is the first step for many employment-based immigrant visa "green card" applications, where a US Petitioner/Employer proves that there are no qualified, able, willing and available US workers (U.S. Citizens or Legal Permanent Residents) who can meet the minimum requirements of a job offer (requirements of the job offer include minimum education, experience, specialized knowledge, etc., necessary for the job, and a salary that is considered at "prevailing wage" for the position).
The required recruitment campaign (advertisement, etc.) is conducted by the U.S. Petitioner/Employer, and if no U.S. workers are located and if the foreign national (beneficiary/employee) meets the requirements, the LCA may be certified by the Department of Labor (DOL).
After the LCA is certified/approved, the I-140 Immigrant Preference Application is filed with the US CIS, and finally, the I-485 "adjustment of status" (U.S.) or "consular processing" for issuance of the actual "green card" status can be made.  (Currently, the I-140 & I-485 "adjustment of status" can be concurrently "filed," and in some regions, also concurrently "processed.")
However, the LCA program has historically operated under the burden of a very large backlog of cases.  With local, state, and regional offices of the DOL handling various stages of the LCA program with differing rules, policies, guidelines, processing times, etc., the current size of the national backlog approximates 300,000 applications.
To address this concern, the DOL has and is developing a two-pronged approach:  4Backlog Reduction, and4PERM.

Backlog Reduction:

As of October 1, 2004, the Employment and Training Administration (ETA) has and is implementing an infrastructure that will provide a cost effective facility and organization for the processing of LCAs beginning with receipt to certification/denial of the application.  Consolidation/centralization of filed/pending and future LCA applications is the most significant change.  Currently, LCA applications are filed, processed (and recruitment supervised) by the State Workforce Agency (SWA, ETA/DOL), and thereafter, forwarded to the Regional DOL office for certification.
By March 31, 2005, the SWA and Regional DOL are expected to forward all filed/pending LCA applications to designated DOL centers.  (In effect, the SWA's role in the LCA application will be phased out.)

SWA & LCA Applications
LCA applications completed prior to January 1, 2005 will be sent to Regional DOL offices under current guidelines.
New LCA applications submitted after January 1, 2005 will be accepted by the SWA but will not be "opened."  These new LCA applications will be forwarded to the National LCA Offices:  Atlanta Processing Center, Chicago Processing Center.
By March 31, 2005, SWAs and Regional DOL offices will forward filed/pending LCA applications to appropriate Backlog Reduction Centers (BRC):  Dallas Backlog Center, Philadelphia Backlog Center, Boston/New York Regional Office, San Francisco Regional Office.

National BRC:  Dallas & Philadelphia Backlog Center
The DOL has two national Backlog Reduction Centers (BRC):
- Dallas Backlog Center
- Philadelphia Backlog Center
New LCA applications filed by January 1, 2005 will be accepted by the  but will not "open" these applications.
By March 31, 2005, SWA and Regional DOL will forward filed/pending LCA applications to these two offices.
The Dallas & Philadelphia BRCs are expected to close by 2007.

Regional BRC:  Boston/New York Regional Office & San Francisco Regional Office
In addition to the two national BRCs, the DOL is designating two regional DOL offices as additional Backlog Reduction Centers (BRC):
- Boston/New York Regional Office
- San Franciso Regional Office
By March 31, 2005, SWA and Regional DOL will forward filed/pending LCA applications to these two offices.
The Boston/New York Regional Office & San Franciso Regional Office is expected to close by 2006.

National LCA Offices:  Atlanta Processing Center & Chicago Processing Center
The two national processing centers will handle non-backlog LCA applications, including future LCA (PERM), H-2A, and H-2B applications:
- Atlanta Processing Center
- Chicago Processing Center
If PERM is not implemented, it may serve as backlog reduction centers.
The two National LCA Offices are to be operational by the end of 2004.

Atlanta Processing Center's jurisdiction:  Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Vermont, Virgin Islands, Virginia, Washington, DC, West Virginia.

Chicago Processing Center's jurisdiction:  Alaska, Arizona, Arkansas, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin, Wyoming.

The DOL has stated that it will publish this new procedure in the Federal Register within the next two months to inform the public of this processing change.
Download: "New LCA Offices (National & Regional)" (10/04) (DOL)
Download: "LCA Transition Guide to SWAs" (10/04) (DOL)
Download: LCA Transition (10/04) (MNAILAPP)
Download: "LCA Backlog Reduction" Interim Rule ETA (Federal Register, Vol. 69, No. 139, 07/21/04) (07/04)
Details: History, Backlog & Future of the LCA (Labor Certification Application) (Immigrant Visa "Green Card" Employment-Based)
Details: "RIR" Recent Developments:  Labor Certification Application (Immigrant Visa "Green Card" Employment-Based)
Related(LINK): Labor Certification Application (LCA)
Related(LINK): Immigrant Visa "Green Card" (Employment Based)
i8Gov. Site: Federal Register..

September 5, 20038 Immigrant Visa & Adjustment/Revoked I-140 Immigrant Preference Petition does notnegate I-485 Adjustment Applications
The BCIS/INS has finalized its memorandum, allowing for revoked I-140 applications to be considered valid for the purposes of an I-485 adjustment application (as long as the I-485 has been pending for more than 180 days).  This is pursuant to the "adjustment portability" provision of AC21 106(c).
Employment-Based Immigrant Visa "Green Card" Applications generally require three steps:  (1)  ETA-750 LCA, (2) I-140 Immigrant Preference Petition, and (3) I-485 Adjustment - or - Consular Processing.  The "Adjustment Portability" rule allows an applicant to change the petitioner/employer, if the last step (3) is an I-485 adjustment of status, and the application has been pending for more than 180 days.
Example:  Co. A files and obtains certification of Step (1) ETA-750 LCA.  Thereafter, Co. A files and obtains approval of Step (2) I-140 Immigrant Preference Petition.  Finally, the applicant/beneficiary/employee submits (3) I-485 Adjustment ("green card") application.  If more than 180 days have passed since filing (3) I-485 Adjustment -- the applicant/beneficiary/employee can change the petitioner/employer, from Co. A --> Co. B.
Yet, after changing from Co. A --> Co. B, if the (2) I-140 Immigrant Preference Petition is revoked -- will the (3) I-485 Adjustment application for the applicant/beneficiary/employee, continue and be valid for the new Co. B?
The BCIS/INS' finalized memorandum states that even if the initially approved (2) I-140 Immigrant Preference Petition is revoked, as long as 180 days have passed since the filing of the (3) I-485 Adjustment application, the applicant/beneficiary/employee can continue with the adjustment ("green card") process.
Details: EMPLOYMENT-BASED IMMIGRANT VISA PORTABILITY AC21 106(c)
PDF4Download:DHS "Revoked I-140 & Adjustment Portability" Memo  (08/03)  (DHS/BCIS/INS)
Details: EMPLOYMENT-BASED IMMIGRANT "GREEN CARD" VISA

Related Topic:
July 8, 20038 Immigrant Visa & Adjustment/Revoked I-140 Immigrant Preference Petition does not negate I-485 Adjustment Applications
Employment-Based Immigrant Visa "Green Card" Applications generally require three steps:  (1)  ETA-750 LCA, (2) I-140 Immigrant Preference Petition, and (3) I-485 Adjustment - or - Consular Processing.  [Related topic]

Related Topic:
June 6, 20038 Adjustment?  Consular Processing?  "Concurrent Filing"?
Employment-Based Immigrant Visa "Green Card" Applications generally require three steps:  (1)  ETA-750 LCA, (2) I-140 Immigrant Preference Petition, and (3) I-485 Adjustment - or - Consular Processing.
This last step, to actually obtain the immigrant visa "green card," may be possible in the United States, or overseas via Consular Processing. If filing for (3) I-485 Adjustment, then "concurrent filing" rules allow submission of (2) I-140 Immigrant Preference Petition AND the (3) I-485 Adjustment, "concurrently."
The BCIS/INS has provided some details of how the agency processes "concurrently" filed applications.  Also, review the differences between filing for an I-140 and I-485 adjustment ("concurrent" filing) vs. the I-140 and consular processing.
Details: Step (2) & (3):  Concurrent Filing (I-140 & I-485) Rule
Download: (blank document) DSI052903
Details/Related Topic: Step (3) I-485 Adjustment of Status VS. Consular Processing Info. & Chart.
Details/Related Topic: EMPLOYMENT-BASED IMMIGRANT VISA PORTABILITY AC21 106(c)
Details: EMPLOYMENT-BASED IMMIGRANT "GREEN CARD" VISA