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Memorandum: Guidance on Revisions to CDC's Technical Instructions for Civil Surgeons and Form 1-693, Revision to and Re-Designation of Adjudicator's Field Manual (AFM) Chapter 23.3 to AFM Chapter 40.1, Health-Related Grounds of Inadmissibility and Medical Examination (AFM AD09-09)
"This memorandum provides guidance on health-related grounds of inadmissibility as codified in section 212(a)(1) of the Immigration and Nationality Act, and the adjudicative review of Form 1- 693 (Report of Medical Examination and Vaccination Record). This guidance also details recent changes to the Tuberculosis screening and referral procedures and revisions to the vaccination requirements. Chapter 23.3 of the Adjudicator's Field Manual (AFM) is updated accordingly. Additionally, Chapter 23.3 is re-designated as Chapter 40.1, Health-Related Grounds of Inadmissibility and Medical Examination."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Chang, Pearl
2009-03-19
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Memorandum: Revisions to Adjudicator's Field Manual (AFM). Chapter 22.2(b) General Form I-140 Issues (AFM Update AD07-26)
"This memorandum amends the Adjudicator's Field Manual, by providing or updating guidance on: 1. The determination of whether a particular U.S. employer falls within the definition of INA section.203(b)(I)(B), thus allowing United States Citizenship and Immigration Services (USCIS) to grant, if otherwise approvable, a first preference (EB-l) petition filed by that employer on behalf of an outstanding professor or researcher in connection with an offer of permanent employment. See also 8 CFR 204.5(i)(3)(iii). 2. Procedures for determining whether a labor certification has been filed with a Form 1-140 petition during its validity period; 3. A technical correction needed for the sample Notice of Posting in section 22.2(b)(4) of the AFM, which was published on September 12,2006. The sample Notice of Posting did not indicate that the posting notice must contain the employer's name which is required for labor certifications filed with the Department of Labor (DOL) pursuant to 20 CFR 656.17 together with 20 CFR 656.10; 4. Various issues relating to labor certification applications approved by DOL and filed in support of Forn I -140 petitions."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-09-14
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Memorandum: Successor-in-Interest Determinations in Adjudication of Form 1-140 Petitions; Adjudicators Field Manual (AFM) Update to Chapter 22.2(b)(5) (AD09-37)
"This memorandum amends the current Adjudicator's Field Manual guidance on factors for making successor-in-interest determinations in the adjudication of Form 1-140, Immigrant Petition for Alien Worker. This memorandum also supersedes all previously issued policy guidance on successor-in-interest relationship determinations."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-08-06
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Interoffice Memorandum: Additional Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children (REVISED)
"This memorandum supersedes an earlier memorandum on this subject, dated November 13, 2009, and provides updated guidance to U.S. Citizenship and Immigration Services (USCIS) field offices and service centers regarding the processing of Forms 1-130, petitions for alien relative, and 1-485, application to register permanent residence or adjust status, filed by surviving spouses of deceased U.S. citizens and the qualifying children of the surviving spouses. This new guidance is based on the enactment of section 568(c) of the Department of Homeland Security Appropriations Act, 2010, Pub. L No. 111-83, 123 Stat. 4142,4186 (2009), which provides relief for these aliens. Section 568(c) entered into force on October 28,2009, the date of enactment. Sections 568(d) and (e) of the FY2010 DHS [Department of Homeland Security] Appropriations Act, which provide relief for aliens who are surviving beneficiaries of certain pending or approved petitions filed by certain qualifying categories of noncitizens, will be addressed in a separate memorandum."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-12-02
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Memorandum: Changes to the Vaccination Requirements for Purposes of Adjustment of Status and the Completion of Form I-693, Report of Medical Examination and Vaccination Record
"This memorandum advises USCIS [U.S. Citizenship and Immigration Services] officers of the revised vaccination requirements for health-related admissibility under section 212(a)(1)(A)(ii) of the Immigration and Nationality Act (the Act). Effective December 14, 2009, vaccinations against the Human Papillomavirus (HPV) and herpes zoster (zoster) will no longer be required. These changes are applicable to any admissibility determination made under section 212(a)(1)(A)(ii) of the Act on or after December 14, 2009."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-12-15
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Fact Sheet: USCIS and ICE Procedures Implementing EOIR Regulations on Background and Security Checks on Individuals Seeking Relief or Protection from Removal in Immigration Court or before the BIA
"On April 1, 2005, the agencies responsible for immigration court proceedings and status documentation modified the procedures for aliens who ask the court for relief from removal or for protection in the United States. These procedures are designed to protect national security and public safety and to ensure and speed final documentation processing for aliens found eligible for relief or protection. These procedures apply to requests for asylum, withholding of removal, adjustment of status, cancellation of removal, suspension of deportation, and certain applications for waivers of grounds of removal. The procedures are designed to make the best use of the resources of the agencies involved. Immigration courts are operated by the Executive Office for Immigration Review (EOIR), a component of the Department of Justice (DOJ). Immigration judges hear the cases, and administrative appeals are decided by EOIR's Board of Immigration Appeals (BIA). The government is represented in immigration court by attorneys from Immigration and Customs Enforcement (ICE), within the Department of Homeland Security (DHS). If EOIR grants relief from removal or other forms of protection, in most cases, the individual is issued evidence of his or her new status and work authorization by the United States Citizenship and Immigration Services (USCIS), another agency within DHS. Since April 1, 2005, EOIR regulations have prohibited immigration judges and the BIA from granting relief from removal to an individual unless DHS reports that all required identity, background and security checks have been completed concerning the individual. See 70 FR 4743 (January 31, 2005) (codified at 8 C.F.R. Parts 1003 and 1208)."
United States. Department of Homeland Security; U.S. Citizenship and Immigration Services; U.S. Immigration and Customs Enforcement
2006-08-08
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Memorandum: Notification of Ramos v. Holder; Former Gang Membership as a Potential Particular Social Group in the Seventh Circuit
"This memorandum provides notification to the Asylum Offices regarding the Seventh Circuit's recent decision in Ramos v. Holder, 589 F. 3d 426 (7th Cir. 2009). The Seventh Circuit issued its decision in Ramos on December 15,2009, holding that former gang membership can be the basis for a particular social group. The decision vacated the Board of Immigration Appeals' (Board 's) decision and the case was remanded to the Board for reconsideration in light of the Seventh Circuit's opinion."
U.S. Citizenship and Immigration Services
Langlois, Joseph E.
2010-03-02
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Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Fonn 1-539) Revisions to Adjudicator's Field Manual (AFM), New Chapter 39.1 (g)(2)(i) (AFM Update AD 1 0-08)
"This Policy Memorandum (PM) authorizes the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. Unless specifically exempted herein, this PM applies to and is binding on all USCIS employees."
U.S. Citizenship and Immigration Services
2010-06-22
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Memorandum: Numerical Limitation Exemption for H Nonimmigrants Employed in the CNMI and Guam
"The purpose of this memorandum is to provide guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of H-1B 'specialty occupation' and H-2B 'temporary nonagricultural' workers. […] The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, includes a provision affecting the H-1B and H-2B visa classifications. Upon the CNRA's implementation on November 28, 2009 and until December 31, 2014, H-1B and H-2B nonimmigrants admitted to perform labor and services in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) are exempt from the statutory numerical limitation for H-1B and H-2B classification. See Section 6(b) of Public Law 94-241, as added by section 702 of the CNRA."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2010-01-29
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Memorandum: Clarifying Guidance on Adjudicating Reciprocal Exchange Agreements Revisions to the Adjudicator's Field Manual (AFM) Chapter 33.6(d) AFM Update AD10-28
"The purpose of this memorandum is to provide guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of P-2 nonimmigrants. In particular, this memo amends the policy guidance that the Service Centers must contact Headquarters prior to adjudication of reciprocal exchange agreements which have not been previously approved. This memorandum supersedes the March 17, 1993 Jacquelyn A. Bednarz 'List of Reciprocal Exchange Programs' memorandum."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2010-03-11
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I Am a Nonimmigrant: How Do I… Change to Another Nonimmigrant Status?
"Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant categories. There are more than 40 nonimmigrant U.S. visa categories; each is used for a different, but very specific purpose. For example, some authorize temporary employment in the United States; others permit tourists to visit, students to study, and diplomats to serve their home country's interests in the United States. We understand that plans can change. If your original reason for coming to the United States changes, you may be required to change your nonimmigrant status to a different one before you may lawfully begin to engage in the activities you want to pursue. This guide contains information on how to apply for a change from your current nonimmigrant status to another nonimmigrant status while you are in the United States."
U.S. Citizenship and Immigration Services
2008-08
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I Am a Nonimmigrant: How Do I… Extend My Nonimmigrant Stay in the United States?
"Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant classifications. When you were admitted to the United States, a Government official at a U.S. port of entry examined your immigration documentation and, in most cases, issued you a Form I-94, Arrival-Departure Record, or Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record. The I-94/I-94W shows your nonimmigrant status and the length of time you can legally remain in the United States. Note that the I-94/I-94W shows how long you are permitted to remain in the United States, but your nonimmigrant visa (if a visa was issued) does not. A visa only shows when and how many times you may seek admission to the United States from abroad based on the classification noted on your visa. We understand that you may wish to remain in the United States longer than you originally planned. This customer guide contains information about how to apply for an extension of your stay in the United States to continue the same activities permitted when you were first admitted to this country."
U.S. Citizenship and Immigration Services
2008-08
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I Am a Permanent Resident: How Do I… Get a Reentry Permit
"A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems: 1.) Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more. 2.) Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country. A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance. You may also want to get a reentry permit if you plan on traveling outside the United States and cannot or do not wish to get a passport from your home country. Many countries throughout the world may allow you to use a reentry permit much like you would use a passport--placing necessary visas and entry and exit stamps in the permit--so you may use it as your main travel document. Be sure to check with any country you plan to visit about specific requirements before you travel."
U.S. Citizenship and Immigration Services
2008-08
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I Am a U.S. Citizen: How Do I… Get Proof of My U.S. Citizenship?
This consumer Guide from the U.S. Citizenship and Immigration Services (USCIS) offers information on proof of citizenship. "If you were born in the United States, you do not need to apply to USCIS for any evidence of citizenship. Your birth certificate issued where you were born is proof of your citizenship.1 If you were born outside the United States, but one or both of your parents were U.S. citizens when you were born, you may still be a U.S. citizen. This is called citizenship through derivation. There are usually additional specific requirements, and sometimes citizenship can be through a combination of a parent and grandparent."
U.S. Citizenship and Immigration Services
2008-08
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I Am a Permanent Resident: How Do I… Know What My Responsibilities Are?
"Everyone in the United States must abide by U.S. law, including Federal, State, and local laws and regulations. Permanent residents who fail to abide by the laws of the United States may have their status taken away through removal proceedings. This customer guide contains some important information that may help you protect and maintain your permanent resident status."
U.S. Citizenship and Immigration Services
2008-08
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I Am a Permanent Resident: How Do I… Renew or Replace My Permanent Resident Card?
"A Permanent Resident Card (USCIS Form I-551) is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States. Although some Permanent Resident Cards, commonly known as 'Green Cards,' contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and this could also affect your ability to travel or to prove your eligibility to work in the United States."
U.S. Citizenship and Immigration Services
2010-06
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I Am a Permanent Resident: How Do I… Apply for U.S. Citizenship?
"U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law."
U.S. Citizenship and Immigration Services
2008-08
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I Am a U.S. Citizen: How Do I… Get Information About Requirements for Traveling Abroad?
This Customer Guide offers information on what information is required of a U.S. citizen when traveling abroad.
U.S. Citizenship and Immigration Services
2008-08
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I Am a Nonimmigrant: How Do I… Replace a Form I-94, Arrival-Departure Record?
"If your Form I-94, Arrival-Departure Record, was issued by U.S. Customs and Border Protection (CBP) (at a port of entry) and it has an error, you should go to the nearest CBP Office with proof of entry or admission and the Form I-94, and request a new Form I-94. If the Form I-94 was issued by USCIS (at a local USCIS office or from a USCIS Service Center) and it has an error, you should go to a USCIS local office and request a new Form I-94. If the officer at the local office is not convinced that the Form I-94 was issued in error, the officer may advise you to file a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival Departure Document."
U.S. Citizenship and Immigration Services
2008-08
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Memorandum: Processing N-400s Filed under INA 328 and 329 when Applicant Fails to Respond to a Request for Evidence or for Appearance, Revisions to Adjudicator's Field Manual Chapters 15 and 72 (AFM Update 09-23)
"This memorandum provides guidance on adjudicating Form N-400s, Application for Naturalization, filed by applicants seeking naturalization under section 328 or 329 of the Immigration and Nationality Act (INA) who fail to appear for their naturalization interview or fail to respond to a request for evidence. This guidance supports USCIS [U.S. Citizenship and Immigration Services] compliance efforts relating to the requirement in the Military Personnel Citizenship Processing Act to adjudicate such applications within six months of filing."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-04-15
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Memorandum: Revisions to Adjudicator's Field Manual (AFM) Regarding Certain Alien Physicians
"This memorandum amends the Adjudicator's Field Manual by providing guidance on the adjudication of Form I-140, Petition for Alien Worker filed for certain physicians. In particular, this memo provides guidance to Immigration Services Officers (ISOs), formerly known as Information Immigration Officers (IIOs) or Adjudications Officers (AOs), on how to determine if a foreign Medical Degree (MD) is the equivalent of a U.S. MD degree, and thus an advanced degree, for EB2 purposes. This memorandum also addresses how to determine whether an alien physician has met the education, training and experience requirements of the labor certification and licensure in the area of intended employment, and it clarifies that all EB2 and EB3 alien physicians must overcome the 'unqualified physician' inadmissible alien provisions of INA §212(a)(5)(B) at the time of the permanent job offer."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-06-17
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Memorandum: Conditional Permanent Residents and Naturalization under Section 319(b) of the Act
"This memorandum provides field guidance and updates the Adjudicator's Field Manual (AFM) to address circumstances under which an alien who was admitted as a lawful permanent resident on a conditional basis ('conditional permanent resident' or 'CPR') pursuant to section 216 of the Immigration and Nationality Act (the Act) may be naturalized under section 319(b) of the Act prior to the removal of the conditions. This memorandum supplements the guidance provided by the memorandum entitled 'Removal of Conditional Resident Status Prior to, or Concurrently with, Adjudication of Form N-400' issued on February 4, 2004. This memorandum does not apply to CPRs admitted pursuant to section 216 of the Act who are naturalizing under any provision of law other than section 319(b), and does not apply to CPRs admitted pursuant to section 216A of the Act (EB-5 alien entrepreneurs). Although such CPRs may apply for naturalization, their applications may not be approved until the conditions on their residence have been removed."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-08-04
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Memorandum: Implementation of Statutory Change Providing USCIS with Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Alien Children
"This memorandum provides notification and guidance to the USCIS Asylum Offices regarding the 'initial jurisdiction' provision of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), Public Law 110-457, which was signed into law on December 23, 2008 and became effective 90 days thereafter, on March 23, 2009. The implementing procedures discussed herein have been established in consultation with Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) based on a joint understanding. These procedures will be incorporated into the Affirmative Asylum Procedures Manual, though potentially following modification upon monitoring and evaluation. Federal regulations will ultimately be promulgated in order to reflect the procedures established for USCIS initial jurisdiction. This guidance should be reviewed at each Asylum Office's next training."
U.S. Citizenship and Immigration Services
Langlois, Joseph E.
2009-03-25
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Memorandum: Adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a Final Order of Removal, is in Removal Proceedings, or has Filed an Unexcused Untimely Petition or Multiple Petitions
"This memorandum provides detailed guidance to USCIS [U.S. Citizenship and Immigration Services] Immigration Services Officers (ISOs) on the adjudication of I-751 petitions filed by a conditional permanent resident (CPR) who is the subject of a final order of removal, is in removal proceedings, has filed untimely, or has filed multiple petitions."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-10-09
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Temporary Acceptance of H-IB Petitions without Department of Labor (DOL) Certified Labor Condition Applications (LCAs)
"The recent implementation of DOL's iCERT system has resulted in increased processing times for certain LCA certifications. There have been instances in which employers and beneficiaries have reported being negatively impacted by the increased processing times as it can delay their ability to file initial, extension of stay and change of status H -1 B petitions. USCIS has received requests from the public to accept the filing of H-IB petitions that include LCAs that have been filed with DOL, but that DOL has not yet certified. This memorandum provides guidance regarding the temporary acceptance of Form 1-129, Petition/or a Nonimmigrant Worker, for H-IB specialty occupations that have been filed with a Labor Condition Application (LCA), ETA Form 9035, that has not yet been certified by the Department of Labor (DOL).I This guidance applies to all H-IB petitions, including initial petitions, extension of stay petitions and change of status petitions. This memorandum does not permit the acceptance of H-IB specialty occupation petitions that do not include evidence that an LCA has been filed with DOL. Furthermore, it does not permit the approval of any H-l B specialty occupation petition where DOL has not yet certified the LCA or where certification of the LCA has been denied."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-11-05
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Memorandum: Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications
"This memorandum clarifies the standards for adjudicating 0 and P petitions filed by a petitioner acting as a U.S. agent for a beneficiary or beneficiaries who will be working for more than one employer within the same lime period. This guidance applies only to 0 and P petitions where the petitioner is filing on behalf of multiple employers. This memorandum also reaffirms the definition of a U.S. sponsoring organization for the P Visa Classification."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-11-20
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Interoffice Memorandum: Field Guidance for Adjudicating Form 1-817 (Application for Family Unity Benefits) under Hernandez v. Reno, 91 F.3d 776 (5th Cir. 1996)
"This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) Field Offices, Service Centers, and the National Benefits Center regarding adjudication of Form 1-817 (Application for Family Unity Benefits) under the Immigration Act of 1990 (IMMACT 90), Northwest Immigrant Rights Project (NWIRP), and Catholic Social Services, Inc. and League of United Latin American Citizens Settlement Agreements (commonly referred to as CSS Newman). This guidance does not alter the standards used to adjudicate Form 1-817 filed pursuant to the section 1104 of the Life Act."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-08-25
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Memorandum: Public Law 110-293,42 CFR 34.2(b), and Inadmissibility Due to Human Immunodeficiency Virus (HIV) Infection
"The purpose of this memorandum is to direct USCIS [U.S. Citizenship and Immigration Services] officers to hold in abeyance any waiver application and associated benefit request (such as adjustment of status or refugee), which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. It is not necessary to hold such a case, however, if the alien is eligible for a waiver of inadmissibility and USCIS determines that, as a matter of discretion, the waiver should be granted. This guidance is provided in response to the Department of Health and Human Services' (HHS) publication on July 2, 2009, of a proposed rule to remove HIV from the list of communicable diseases of public health significance and is effective as of the date of this memo. The guidance provided in the first memorandum on this issue, Public Law 110-293 and Inadmissibility due to HIV Infection, published on August 26, 2008, is rescinded as of the date of this second memorandum."
U.S. Citizenship and Immigration Services
Neufeld, Donald; Scialabba, Lori; Chang, Pearl
2009-09-15
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Memorandum: Procedures for Applying the Period of Authorized Stay for P-1S Nonimmigrant Individual Athletes' Essential Support Personnel
"On March 6, 2009, a memorandum was issued entitled 'Procedures for Applying the Period of Authorized Stay for P-1 Nonimmigrant Individual Athletes' (the 'March 2009 memo') which provided United States Citizenship and Immigration Services (USCIS) personnel with instructions for applying the period of authorized stay for P-1 individual athletes. It did not apply to aliens serving in a support capacity, P-2 or P-3 category or derivatives. This memorandum extends the March 6, 2009 guidance to P-1 essential support personnel ('P-1S personnel') of P-1 individual athletes. Specifically, this memorandum clarifies that P-1S essential support personnel of individual athletes: 1. Are not subject to a lifetime admission limit of 10 years in the United States; 2. May reapply for a new P-1S initial period of admission, based on an approved petition, after they have been in the United States for a 10 year period; and 3. Must depart the United States after 10 years in order to be eligible for a new initial period of admission of up to 1 year."
U.S. Citizenship and Immigration Services
Neufeld, Donald
2009-07-14
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I Am an Employer: How Do I… Hire a Foreign National for Short-Term Employment in the United States?
"This customer guide covers a complex area of U.S. law and Government regulations. If in doubt, employers may wish to consult specialists in this area to ensure they proceed correctly. Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers to fill certain jobs. Under certain conditions, U.S. immigration law may allow a U.S. employer to file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of a prospective foreign national employee. Upon approval of the petition, the prospective employee may apply for admission to the United States, or for a change of nonimmigrant status while in the United States, to temporarily work or to receive training. For most employment-based nonimmigrant visa categories, the employer starts the process by filing Form I-129 with USCIS. Form I-129 is available on our website at www.uscis.gov. Please note that in some cases the employer must file a Labor Condition Application or Application for Alien Employment Certification with the Department of Labor (DOL) and/or obtain certain consultation reports from labor organizations before filing a petition with USCIS. There are numerous nonimmigrant, employment-based visa categories. Under all of these categories, listed below, the foreign national must meet specific requirements for the occupation covered in the petition."
U.S. Citizenship and Immigration Services
2008-08