NEWS AND PRESS RELEASES

USCIS Revises Medical Certification for Disability Exceptions

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the availability of a revised Medical Certification for Disability Exceptions, Form N-648, for public comment.

USCIS published a Federal Register notice announcing changes to the form and that the revised form will be available for review and comment for 60-days, starting Feb. 1, 2010, and ending April 2, 2010. The revisions further clarify the requirements for the exception and the basis for preparing a medical certification for applicants and medical professionals.

USCIS to Reissue Advance Parole Documents

WASHINGTON - U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.

All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.

U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements:  Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).”  In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.