Rosa Blake, a/k/a “Mafalda,” a/k/a ‘Rosa Vareiro,” 55, pleaded guilty to six counts of wire fraud, 10 counts of impersonation of a government official, and seven counts of money laundering. Blake entered her guilty plea before U.S. District Judge William H. Walls in Newark federal court.

According to documents filed in this case and statements made in Newark federal court:

From at least May 2004 to April 2009, Blake targeted dozens of victims who required official government action to obtain permanent legal status in the United States. Blake falsely represented to her victims that she worked for federal immigration authorities and promised to provide or expedite approval of their immigration paperwork, including permanent residency documents, or “green cards,” and employment authorization documents.

Blake would often instruct her victims to meet her at her home, where she would take their identification papers and payment for her “services.” Occasionally, Blake would meet her victims wearing what appeared to be official government credentials around her neck. She would sometimes show them official-looking papers with what appeared to be letterhead and insignias of federal immigration authorities, which she would have them sign. Blake would never permit her victims to retain or make copies of the papers. She would then tell her victims that in a matter of several months, they would receive employment authorization documents in the mail, followed by green cards.

Blake did not take any of the promised actions on behalf of her victims, but kept their money for her personal use. She spent thousands of dollars from her scheme on luxury clothing, including multiple fur coats; designer clothing and shoes; and a BMW. She also gambled hundreds of thousands of dollars at Atlantic City casinos.

When victims realized they had not received any documents from Blake, they would often attempt to contact her to check on the status of their applications. Blake threatened them, saying, among other things, that she had the power to have the victims deported at any time, even in the middle of the night, and that she was a dangerous person. She also said that she knew her victims’ personal information, where they lived and who their relatives were; and that they would never see their children again once they were deported. She told victims that because they were illegal immigrants, they could not stop Blake from having them deported, nor report her to any other government authority.

Each count of wire fraud carries a maximum potential penalty of 20 years in prison, each count of impersonation carries a maximum potential penalty of three years in prison, and each count of money laundering carries a maximum potential penalty of 10 years in prison. Additionally, each of the 23 counts to which Blake pleaded guilty carries a maximum $250,000 fine. Sentencing is scheduled for October 4, 2011.

Source: www.justice.gov

Find out more about immigration law

Contact a New Jersey immigration attorney

The Complaint charges Nacip Teotonio Pires, a/k/a “Ze Maria,” a/k/a “Baraso,” 47, of Newark; Rubens Da Silva, a/k/a “Diogo Oliveira,” 39, of Haverhill, Mass.; Sanderlei Alves DaCruz, a/k/a “Kauan,” a/k/a “Beicinho,” 31, of Houston; Francismar Da Conceicao, a/k/a “Alex,” 36, of Hillside, N.J.; Claudinei Pereira Mota, 34, of Newark; and one unnamed individual: Priscilla LNU, a/k/a “Clema Aparacida Lopes,” of Long Branch, N.J. Each defendant is charged with one count of conspiracy to bring aliens into the United States illegally.

Pires and Da Conceicao were arrested on June 10, 2011, in Newark; Da Silva and DaCruz were arrested the same day in Haverhill and Houston, respectively. All four were arrested for administrative immigration violations as part of a coordinated effort to prevent their flight from prosecution. Mota was arrested in Newark for similar immigration violations on June 13, 2011. The sixth defendant remains at large.

Pires, Da Conceicao, and Mota are expected to appear this afternoon before U.S. Magistrate Judge Claire C. Cecchi in Newark federal court. Da Silva is scheduled to appear this afternoon before U.S. Magistrate Judge Marianne B. Bowler in Boston, and DaCruz will make an initial appearance in Houston federal court.

According to the Complaint:

From January 2008 through June 2011, the defendants conspired with each other and others to bring aliens into the United States illegally from Brazil, India, and elsewhere as part of an elaborate for-profit alien smuggling scheme that involved co-conspirators in New Jersey, Massachusetts, Texas, and elsewhere. As part of the scheme, the defendants arranged, facilitated, and monitored the travel of customers along two primary smuggling routes – the first of which included travel through central America and across the international border between Mexico and the United States. The second route included travel through St. Maarten, the Virgin Islands and Puerto Rico.

Through the authorized interception of the co-conspirators’ cell phone calls, the use of confidential sources of information, and other means, law enforcement agents learned that the defendants charged customers of the alien smuggling scheme from $13,000 to more than $25,000 – depending on the route the customer used and whether the customer paid in advance or in installments after arriving in the United States.

Many of the customers of the scheme were young women from Brazil, most of whom agreed to repay part of their smuggling debt after arriving in the United States by working as dancers in strip clubs in Newark and elsewhere. Some women who fell behind on their debt repayment were urged to engage in prostitution to earn extra money. The defendants induced customers to pay by threatening to harm family members and by obtaining title to property the customers owned in their home countries.

The defendants also instructed customers who were caught crossing the border illegally to concoct false asylum claims and falsely report that they would be abused or face other danger if immediately deported.

The count with which each of the defendants are charged carries a maximum potential penalty of 10 years in prison and a $250,000 fine.

U.S. Attorney Fishman credited special agents of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI), under the direction of Special Agent in Charge Peter T. Edge, for the investigation leading to the charges.

U.S. Attorney Fishman stated: “Alien smugglers make big business of exploiting dreams and treating people as human cargo. Smuggling routes snake around the globe, with facilitators and customers colluding to commit crimes. Our job is to protect both our borders and the vulnerable victims of this pervasive practice.”

Special Agent in Charge Edge stated: “This investigation has shown the callous disregard for human life exhibited by people taking advantage of others for profit,” said Peter T. Edge, Special Agent in Charge of ICE HSI in Newark. “Those who engage in such acts will be held accountable.”

The charge and allegations contained in the Complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Source: www.justice.gov

Find out more about immigration law

Contact a New Jersey immigration attorney

In general, you might be denied entry:

• If you have a communicable disease
• If you have a criminal record for crimes of moral turpitude
• For possession of or trafficking in a controlled substance
• If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category)
• If you have trafficked in persons
• If you have been involved in money laundering
• If you might become a public charge because of limited financial resources
• If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Again, this list is not comprehensive.

Contact an immigration attorney in New Jersey

Immigration information

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

Background

USCIS has received inquiries from the public and at the Service Centers that reveal confusion regarding the circumstances under which an agent may file O and P petitions on behalf of multiple employers.

Discussion

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent.

Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition.  See 8 CFR 214.2(o)(2)(iv)(B) and  8 CFR 214.2(p)(2)(iv)(B).

A petition filed by an agent is subject to several conditions.  A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

• The supporting documentation includes a complete itinerary of the event or events.
• The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• The contract between the employers and the beneficiary is submitted.
• The agent explains the terms and conditions of the employment and provides any required documentation.

See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2).  In addition, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify the wage offered and the other terms and conditions of employment as described in the contractual agreement between the agent/employer and the beneficiary employee.  8 CFR 214.2(o)(2)(iv)(E)(1) and (p)(2)(iv)(E)(1).  Therefore, while the regulations permit an agent to file a petition on behalf of multiple employers (including the agent/employer itself), the regulations require that the agent be “in business” as an agent.

An employer that files a petition on behalf of other employers under the guise of being such employers’ “agent” does not meet this condition.  For example, if Employer A files a petition for a beneficiary it will be sponsoring, and submits an itinerary that includes performances for the beneficiary with other employers, at different times, and at different venues, USCIS generally would only approve the petition for Employer A and deny the petition with respect to the other employers.

Such a petition may be approved with respect to all employers only if Employer A can establish to the satisfaction of USCIS that it is “in business as an agent,” and that the other employers are its clients.  This may be accomplished by agent-Employer A submitting all of the required evidence listed above, as well as evidence of the agency relationship, such as a copy of its contract with the other employers.

Visit our website for Information about Immigration Laws and Temporary Visas.

Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is “hired” when he or she begins to work for you for wages or other compensation.

I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is “remuneration”?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.

What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. To get the address and telephone number of the ICE office nearest you.

May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.

For more information about Immigration Law, visit our website at www.GarcesGrabler.com

For immediate assistance with your immigration needs, call 1-866-951-2860 to schedule an appointment with an immigration lawyer.

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Questions and Answers

Q.   I am a Conditional Resident, an active member of the U.S. Armed Forces, and have filed an Application for Naturalization (Form N-400), based on qualifying military service. My Conditional Residence is going to expire in the upcoming months. Do I need to file a Petition to Remove the Conditions on Residence (Form I-751), to acquire Permanent Resident status even if my Application for Naturalization is pending?

A.   If you were enlisted or inducted in the United States (or the Canal Zone, American Samoa, or Swain’s Island, or onboard a public vessel owned or operated by the U.S. for noncommercial service), and are applying under section 329 of the Immigration and Nationality Act (INA), you are not required to file Form I-751 while your Application for Naturalization is pending. However, if at the time of enlistment or reenlistment you were not enlisted or inducted in those geographical areas, you are required to file a Form I-751 while your application is pending. If your Form N-400 is denied for any reason, you will be required to file Form I-751 if you have not already done so to acquire Permanent Resident status.

Q.   I served in the U.S. Armed Forces for more than one year but have recently been separated from military service.  Am I eligible to file Form Application for Naturalization (Form N-400) based on qualifying military service ?
A.   You may file an Application for Naturalization (Form N-400), even if you are honorably separated from the military, based upon eligibility under section 328 or 329 of the INA. If you served honorably in any branch of the U.S. Armed Forces for a period exceeding one year, you may claim eligibility under section 328 of the INA. If you served during a specified period of hostility, to include September 11, 2001, to present, you may claim eligibility under section 329 of the INA regardless of the length of service.

Q.   I filed an  Application for Naturalization (Form N-400), based on qualifying military service and required to submit Request for Certification of Military or Naval Service (Form N-426), to USCIS but have separated from the military.  How do I fulfill this requirement?
A.   If you have separated from the military and no longer have access to a military certifying official, you have the following options:

Option 1: USCIS will accept an uncertified Form N-426 as long as you have completed and signed Form N-426 in addition to providing to USCIS a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty. The photocopy of your DD Form 214 must include all dates of military service listed on Form N-426 as well as identify your type of separation and character of service (this information is found on page “Member-4″.)

Option 2: If you are unable to submit a photocopy of your DD Form 214, you can complete and sign Form N-426, then send it to the applicable military personnel records center with a Standard Form 180, Military Records Request, and request certification of Form N-426.

Q.   I am a spouse of a member of the U.S. Armed Forces, and USCIS has scheduled me and my spouse for an initial interview on my pending Application to Register Permanent Residence or Adjust Status (Form I-485).  My husband is currently on an overseas military assignment. Can the Form I 485 initial interview take place without my husband being present?
A.   USCIS has the authority to waive initial interviews on Form I-485 on a case-by-case basis. If you and your spouse are requested to appear for an initial interview related to the concurrent filing of Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, you should appear for the initial interview and provide USCIS with evidence of your spouse’s overseas military assignment. The USCIS officer may reschedule the interview so your spouse can be present or proceed with the initial interview.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed a Petition to Remove the Conditions on Residence (Form I-751), while on an overseas military assignment with my spouse. Will my Form I-751 be adjudicated while we are overseas or will it remain pending until my spouse and I return to the U.S.?
A.   If USCIS determines that you have submitted sufficient evidence to demonstrate a bona fide marital union, USCIS may proceed with adjudication regardless of your geographical location. If USCIS is unable to determine your eligibility for the immigration benefit, USCIS will withhold adjudication until you and your spouse are able to be interviewed within a USCIS Field Office to establish your eligibility.

Q.   How can I expedite my Petition for Alien Relative (Form I-130), to bring my spouse to the United States?  Is there a way she/he can enter the United States while the petition is being processed?
A.   Citizens of the United States, who are serving in the U.S. Armed Forces, and have a Petition for Alien Relative (Form I-130) pending on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. While the petition is pending, your spouse may enter the United States on a K-3 nonimmigrant visa. To apply for a K-3 visa, citizens of the United States must file a Petition for Alien Fiancé (é) (Form I-129F), on behalf of the alien spouse. An approved Form I-129F will allow your spouse to enter the United States in a valid K-3 nonimmigrant visa status. If USCIS approves Form I-130 while your alien spouse is in the United States holding a K-3 nonimmigrant visa, your alien spouse can file an Application to Register Permanent Residence or Adjust Status (Form I-485), to apply to become a Lawful Permanent Resident.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed an Application to Replace Permanent Resident Card (Form I-90). I am currently overseas since my spouse has official Permanent Change of Station (PCS) orders reassigning her/him to an overseas duty station. If the application is approved will my Permanent Resident Card be mailed to an APO/FPO address?
A.   If you provided a valid APO/FPO mailing address at the time of filing Form I-90, USCIS will mail your permanent resident card to the APO/FPO address you identified.

Q.   I am stationed abroad serving on active duty in the U.S. Armed Forces, how can I notify USCIS of my APO/FPO mailing address?
A.   Members of the military stationed abroad should notify USCIS of their new address by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-CIS-4MIL (1-877-247-4645). We are working to add APO and FPO address changes to the online change of address tool and anticipate this option to be available soon. It is important to notify USCIS when your address changes so that you and your family members may continue to receive information and correspondence about immigration benefits and services.

Q.   I am a member of the U.S. Armed Forces scheduled for an appointment at a USCIS office in the United States for my Application for Naturalization, but I am now at an overseas duty station.  What do I do?
A.   If you have an appointment for a naturalization interview or an oath ceremony, and you have transferred overseas, contact USCIS and request to have your case transferred to the nearest USCIS overseas office. You or your military installation’s USCIS liaison can request this by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.

Q.   I have filed the Application for Naturalization (Form N-400), based on qualifying military service and I asking for overseas processing. I do not have access to the 2 FD-258 Fingerprint Cards. How can I submit my fingerprint information to USCIS so my application process can continue?
A.   USCIS can use your enlistment fingerprints or fingerprints submitted for previous immigration purposes, if the fingerprints on file are readable. In instances where it takes USCIS more than 90 days to receive your enlistment prints, the Nebraska Service Center will send you a letter requesting 2 completed FD-258 fingerprint cards. If you are unable to complete the FD-258 cards, you should contact the Nebraska Service Center via the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.  USCIS will continue processing your case while awaiting submission of your enlistment fingerprints.

For help with your immigration issues, contact the immigration attorneys at Garces & Grabler.

For more information about Immigration Law, visit our website at www.GarcesGrabler.com

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.

For immigration help contact the immigration lawyers at Garces & Grabler.

For more information about immigration law, visit our website at www.GarcesGrabler.com.

Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.

The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

Who is eligible?

The chart below sets forth the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.

* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.

** The termination date reflects the last day that USCIS accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for filing because of cap restrictions or other processing restrictions.

*** In August 2005, USCIS’ Office of Fraud Detection and National Security completed a Benefit Fraud Assessment (BFA) for Religious Worker Petitions. (See “Related Links” on this page for a link to a summary of this Assessment.) The BFA revealed a 33 percent fraud rate.  Because of these results, and to ensure the integrity of the religious worker program, USCIS now conducts additional system checks and in most instances also a site visit of the petitioning organization, prior to adjudication. Given these additional processes, USCIS has determined that it cannot guarantee the issuance of 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 of a petition for nonimmigrant religious worker.

On November 28, 2006, USCIS temporarily suspended Premium Processing Service for Aliens in a Religious Occupation which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement. USCIS is extending the suspension for another six months, with an expiration date of December 18, 2007.  This is being done because USCIS’s first and foremost mission is to ensure integrity in the adjudications process.  In the future, if USCIS is able to properly process these cases within fifteen calendar days of receipt, the Form I-129 requesting R-1 nonimmigrant visa classification will once again will be available for Premium Processing Service.  USCIS may prescribe additional conditions of availability on Premium Processing Service for religious worker petitions.  Alternatively, USCIS may publish a Federal Register Notice permanently removing the R-1 nonimmigrant visa classification from eligibility for Premium Processing Service.

For additional information relating to the Current Cap Count for Non-Immigrant Worker Visas, use the related link on this page.

May the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request Premium Processing Service for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

How do I verify that I am using the current version of the form?

If you are already in possession of a Form I-907, please use the Form I-907 webpage (in the Related Links section of this page) to verify that your version of Form I-907 is still current. This can be done by comparing the Forms and Fees webpage which includes the “edition” date that USCIS is currently accepting and the edition date on your Form I-907. The edition date, which is referenced as (Rev. xx/xx/xx) is located in the lower right corner on every page of the form and instructions. If the edition date on your Form I-907 matches the date or dates, if applicable, on the Form I-907 webpage, your version of Form I-907 is current and will be accepted by USCIS. If there is a designation “N” shown after the edition date on the Forms and Fees webpage, please note that USCIS will not accept any other editions of the form.

How do I file a request for Premium Processing Service?

You must complete and sign Form I-907, Request for Premium Processing Service, in accordance with the instructions on the current version of the form. You must file the concurrently filed Form I-907 with Form I-129 or Form I-140 at the Service Center designated as the appropriate filing location on the instructions to the Form I-907. If you filed Form I-129 or the Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-129 or Form I-140 filing receipt. If you received a transfer notice, it is very important that you include a copy of it and that you submit your filing to the transfer location. If a petitioner or applicant erroneously filed a concurrent or standalone Form I-907 relating to a Form I-129 or standalone relating to a Form I-140 petition at the wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For these incorrectly filed Forms I-907, the 15 calendar day period will start on the date the file is received at the correct service center as indicated in the Form I-907 filing instructions. Any Form I-907 premium processing requests that are filed concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition will be rejected by USCIS.

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. USCIS will accept Form I-907, Request for Premium Processing Service, either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail only. E-filing the Form I-907 will not be available. To facilitate USCIS’ determination of whether a particular filing meets the conditions of availability for the service, see 8 CFR 103.2(f)(2).

Form I-907 premium processing service requests may be rejected if the filing fails to clearly establish the conditions of availability and/or is:

Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition;

Premium Processing Service is available for the select category of cases noted above for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

Labor certification substitution requests;

Duplicate Labor certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;

A Form I-140 petition in which a final decision has been made.

USCIS is prescribing these additional conditions of availablility on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

What is the fee for this service?

The fee for this service is $1,000. The Premium Processing Service fee may not be waived. In addition to the Premium Processing Service fee, all other filing fees relating to the specific form(s) for which you are requesting Premium Processing Service must also be submitted. The Premium Processing Service fee must be submitted in a separate check or money order. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907. If e-filed for a request for Premium Processing Service for an eligible Form I-129 petition, USCIS accepts credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank.

Are there any additional benefits to the program?

Yes. USCIS has provided not only a unique mailing address for its Premium Processing Service customers, but it has also established a special phone number and e-mail address for each of the Service Centers. These special communication channels will be available only to Premium Processing Service customers.

USCIS is also collecting, on the Form I-907, your phone number, fax number and e-mail address so that we can send you (the petitioner or attorney) an automatic e-mail notifying you of the receipt of your Form I-907, Request For Premium Processing Service. If the underlying form for which you requested Premium Processing Service is approved, we will send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.

In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.

Does this program have any effect on the USCIS’ previous expedite practices?

Yes. In general, the discretionary expedite requests will no longer be available for those classifications designated as eligible for Premium Processing Service. However, petitioners designated as not-for-profit entities by the Internal Revenue Service have the choice to request discretionary expedited service as they have in the past or they may choose to pay the Premium Processing fee and utilize that service. If the criteria for a discretionary expedite are not met, the not-for-profit petitioner still has the option of requesting of Premium Processing upgrade by filing Form I-907 with fee.

How will the USCIS manage those categories that have an annual limit in relation to this faster processing?

USCIS does not believe that individuals who pay for Premium Processing Service on petitions filed for nonimmigrant classifications that are subject to annual limitations will have an unfair access to these limited immigration programs.

For cap-subject H-1B and H-2B petitions, USCIS will apply a random selection process to all petitions (whether or not Premium Processing Service is requested) received on the date when a sufficient number of petitions have been received to reach the applicable numerical limit (“final receipt date”). Petitions that are accepted through this random selection process are adjudicated to completion. For H-1B cases, USCIS will return the fees to the petitioner and hold the cases that were filed ON the cut-off day but were not selected in the random process. This way, if USCIS does not use all of the projected H-1B1 Singapore/Chile cap cases (which count towards the H-1B cap), additional H-1B cap cases will be taken in order from the list of cases that were held. Those petitioners will then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.

Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day are rejected along with the fees. Unlike the H-1B cap cases, there is no need to hold the H-2B cap cases that were not selected because there are no special provisions that apply to the H-2B cap cases like there are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.

In order to ensure equitable access to other cap-subject nonimmigrant classifications to which USCIS does not currently apply a random selection process, USCIS will temporarily terminate the availability of Premium Processing when it becomes clear that the demand will exceed the annual numerical limitation (e.g., when the USCIS has a pending volume of petitions sufficient to reach the limitation). This termination of procedure will ensure that all petitioners have equitable access to these limited immigration programs.

Can I contact a USCIS Service Center if I have not filed a request for Premium Processing Service yet but have questions about the program?

No, you cannot contact the Service Centers directly unless you have already filed Form I-907, Request for Premium Processing Service, for the underlying Form I-129 or Form I-140. The Premium Processing toll-free phone number and e-mail addresses listed on Form I-907 are dedicated only to customers who have already submitted a request for Premium Processing Service. If you have not requested Premium Processing Service, you can call the Customer Service toll free phone number at (800) 375-5283 for general information about the program.

How do I contact the Service Center concerning the Premium Processing request that I filed?

The unique mailing address for each of the Service Centers is listed on the instructions to the Form I-907. Additional contact information for each Service Center will be provided to you on your receipt notice and will also be provided on this Website.

If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service.

How can I get the results of the adjudication faster?

You can include a postage paid and self-addressed courier delivery slip with the Premium Processing Service request and it will be used to return the results of the adjudication.

For help with your immigration needs, contact the immigration attorneys at Garces & Grabler.

For more information about immigration law, visit www.Garces&Grabler.com

When USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to higher authority for review.  In immigration proceedings, the appellate review authority is divided between two separate Government agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision.  The notice (Form I-292) will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form for filing an appeal.

Who May Appeal?

Only the person who submitted the original application or petition may file the appeal.  The beneficiary of a visa petition may not appeal the decision.  For instance, if a U.S. employer petitioned for an immigrant visa for an employee living abroad, only the U.S. employer may appeal the denial.  The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative.  If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28, Notice of Entry or Appearance as Attorney or Representative.  The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.

How Do I Appeal?

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.  If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision.  You may file an explanation in support of your appeal.  You must include the required fee.

Contact the immigration attorneys at Garces & Grabler for help with your appeal.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.
• Renewal EAD: You cannot file more than 120 days before your original employment authorization expires.
• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. For the part of the law about Employment Authorization Documents, please see INA § 274A. The Code of Federal Regulations [CFR] discusses the employment authorization responsibilities of both employers and employees at 8 CFR § 274a.

Who is Eligible?

• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

How Do I Apply?
You may be eligible to file Form I-765 electronically. Please see our Introduction to E-Filing USCIS Forms for more information. The procedures for forms electronically filed with USCIS are different than described in the following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765 (Application for Employment Authorization) by mail with the USCIS Regional Service Center that serves the area where you live. Please read the entire application carefully and submit the right documents, photos, and fee.

How Can I Check the Status of My Application?
Please see our information on checking the status of your application.

How Can I Appeal?
If your application for an Employment Authorization Document is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

For assistance with filing these motions, contact the immigration lawyers at Garces & Grabler.

For more information about immigration law, visit our website at www.GarcesGrabler.com