Mark A Ivener, A Law Corporation

Category: Employment

USCIS Ombudsman’s 2016 Report to Congress Recommends Changes

By statute, the Ombudsman of U.S. Citizenship and Immigration Services (USCIS) submits an Annual Report to Congress by June 30 of each year. The report summarizes the most pervasive and serious problems encountered by individuals and employers applying for immigration benefits with USCIS. The Annual Report also reviews past recommendations to improve USCIS programs and… Read More

USCIS Finalizes Guidance on ‘Same or Similar’ Occupations and Job Portability

On March 18, 2016, U.S. Citizenship and Immigration Services (USCIS) finalized guidance, effective March 21, on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. The policy memorandum instructs USCIS employees on how to use the Department of Labor’s Standard Occupational Classification (SOC) codes and other… Read More

USCIS Seeks Additional Comments on Revised Form I-9

U.S. Citizenship and Immigration Services (USCIS) will accept comments until April 27, 2016, on the revised Employment Eligibility Verification, Form I-9. In response to the approximately 130 public comments USCIS received during the previous 60-day notice, USCIS made further changes to the proposed form. Key changes to the form include:  Validations on certain fields to… Read More

STEM Bill Fails in House

On September 20, 2012, the U.S. House of Representatives rejected the STEM Jobs Act (H.R. 6429), sponsored by Rep. Lamar Smith (R-Tex.) by a vote of 257-158. (288 votes were required to pass under suspension of the rules.) The bill would have provided permanent residence to 55,000 foreign students each year who graduate with advanced… Read More

USCIS Ombudsman Recommends Improving Adjudication Quality for Extraordinary Ability and Other Employment-Based Adjudications

In a recent report, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman noted that stakeholders have raised concerns about consistency in adjudications of extraordinary ability and other employment-based petitions. Recent concerns have focused on the subjective nature of final merits determinations. Stakeholders report that an I-140 policy memo that USCIS issued in December 2010 has… Read More