• ICE Arrests 286 Criminal Aliens During a Three-Day California Operation
  
  Nearly 300 foreign nationals with criminal records have been removed from the United States or are facing deportation following a three-day enforcement surge in California making it the biggest operation targeting criminal aliens which has been carried out by U.S. Immigration and Customs Enforcement (ICE). As a result of this sweep and other such initiatives, ICE has removed a total of 136,126 criminal aliens from the United States last year which is a record number of deportation and removal proceedings. (Available at www.ice.gov).

• USCIS Announces H-1B Cap Reached
  
  USCIS announced it received a sufficient number of H-1B petitions to reach the statutory cap for FY 2010.  December 21, 2009 was the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.  USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption. Properly filed cases will be considered received on the date that USCIS physically received the petition and not the date that the petition was postmarked and will apply a computer-generated random selection process to all petitions that are subject to the cap. All cap-subject petitions timely filed but not randomly selected will be returned with the fee.  Non-cap petitions will be processed in due course to: (a) extend the amount of time a current H-1B worker may remain in the United States; (b) change the terms of employment for current H-1B workers; (c) allow current H-1B workers to change employers; (d) allow current H-1B workers to work concurrently in a second H-1B position. (Available at www.uscis.gov).
  
  

• DOL Implements New Prevailing Wage System
  
  DOL will implement a new prevailing wage system starting January 1, 2010. After this date, the National DOL will issue prevailing wage determinations through its new National Prevailing Wage and Helpdesk Center (NPWHC). It will process PWDs for H1B, H1B1 (Chile/Singapore), H1C (if reauthorized by Congress), H2B, E3 (Australia) programs, and the permanent labor certification program (PERM). An employer must use ETA Form 9141 to request a PWD from the NPWHC in Washington DC. The NPWHC will only accept mailed in ETA Forms 9141 until it will create a prevailing wage module on its iCert portal. (Available at www.foreignlaborcert.doleta.gov).

• USCIS Revises Addresses Where to File N-400s
  
  USCIS has revised addresses for applicants filing an Application for Naturalization (Form N-400) at USCIS Lockbox facilities in Phoenix and Dallas. This filing address change takes effect immediately. The U.S. Postal Service will immediately forward mail from the Lewisville Post Office to the new post office in Dallas until December 31, 2009. After that date, the Postal Service will forward the mail through normal channels which will likely delay receipt at the Dallas Lockbox facility. The N-400 form instructions have been updated to reflect the new filing locations. (Available at www.uscis.gov).

• CBP Announces Changes in Its FAST Program 
  
  CBP announced that members of FAST program will not be able to use their old FAST cards in passenger lanes effective January 5, 2010. CBP has been issuing new cards for current FAST members since March 16, 2009.  If members have not received their new cards, they should go immediately to their local enrollment center to either pick up their new card or to apply to have a new card issued which will take approximately 10 to 14 days to receive.  Old FAST cards will be deactivated January 5, 2010.  CBP officers will allow a one-time entry into the U.S. to travelers with old FAST cards, but will seize the card from the traveler and refer the member to the Enrollment Center. (Available at www.cbp.gov)

• DHS Extends Real ID Compliance Deadline
  
  A large majority of states and territories have informed DHS that they could not meet the December 31, 2009 REAL ID material compliance deadline.  As a result DHS extended the deadline to May 10, 2011. (Available at www.dhs.gov).

• Form G-1145 – E-notification of Application/Petition Acceptance
  
  Applicants or petitioners who want to be notified via email and/or text message on their cell phone that their application or petition has been accepted may use Form G-1145 to provide their email address and/or cell phone number to USCIS. Form G-1145 should be duly completed and attached to the application or petition. [87 IR 29; January 4, 2010]

• CBP – Extension of Time Limit on Admission of Certain Mexican Nationals
  
  The rule extends the period of time that certain Mexican nationals may remain in the US without obtaining additional immigration documentation. The rule extends the time limit for which border crossing cardholders may remain in the US for up to 30 days without being issued a Form I-94. The rule is intended to promote commerce along the border while ensuring that sufficient safeguards are in place to prevent illegal entry into the US. [87 IR 29; January 4, 2010]

• BALCA – Labor Certification – Decision in Favor of Employer
  
  Employer filed a labor certification for an alien to fill a position of Accountant. The employer listed knowledge of QuickBooks as a requirement. The CO denied certification on the ground that application did not show how alien possessed that knowledge. Employer requested review of the denial, arguing that the alien did possess such knowledge and Form ETA 9089 did not require such written proof.  The matter was forwarded to BALCA for review. BALCA ordered certification on the ground that Employer was excused due to the absence of a section in Form ETA 9089 that would require Employer to state the beneficiary's special skills and satisfaction of requirements of the position in question. [14 BIB 1572-3; December 15, 2009; Matter of Moreta & Associates, Int'l, 2009 BALCA LEXIS 217 (BALCA Aug. 6, 2009)].

• AAO – Proffered Wage – Decision Against Employer
  
  Employer sought to employ alien as a software engineer. The proffered wage for this was position was $64,189 annually. The priority date for the petition was Nov. 13, 2002 and the alien had worked for Employer since August 2002. Employer presented evidence of the wages paid to alien commencing on the priority date going forward. Employer did not pay the proffered wage in 2003 and did not have sufficient net income to cover the difference between the proffered wage and what was actually paid to the beneficiary. The petition was denied and the Employer appealed. The AAO dismissed the appeal due to the Employer's failure to establish its continuing ability to pay the proffered wage from the priority date through the AAO's decision. [14 BIB 1572; December 15, 2009; Matter of X, EAC 06 008 51555 (Vermont Service Center)].

IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association