Immigration Practice Group

On October 20, 2011, U.S. Citizenship and Immigration Services’ (USCIS) Director,  Alejandro N. Majorkas, announced that as a result of negative feedback received from stakeholders, USCIS will return to its former practice of forwarding the original Notices of Action (Form I-797)  to the attorney or accredited representative listed on a Form G-28 with a copy of Form I-797 to be forwarded to the Applicant’s (foreign national) or Petitioner’s (employer) address provided on the applicable form. This announcement comes on the heels of an USCIS September 30th, 2011,  Press Release stating that effective September 12, 2011, USCIS would begin sending original I-797 Notices of Action directly to Applicants and Petitioners with copies of such Notices to attorneys or accredited representatives.

Per Director Majorkas’ message,  in order to allow time for USCIS to re-program its system, its return to its previous practice will take effect in approximately 6 weeks. In the meantime, the procedures reflected in USCIS’ September 30th, 2011, Press Release still apply and should continue to be followed.  It is very important that Petitioners and Applicants continue to screen their mail for original I-797 Notices of Action following submission of their Petitions and Applications and take appropriate action with regard to such Notices when they are received, such as notifying counsel.

It should be noted that although USCIS’ interim procedures during these six weeks will allow Petitioners and Applicants to use the attorney’s address as the Petitioner’s address in the Petition or Application,  this could result in delayed adjudication since using such attorney’s address might affect USCIS’ timely validation of a business Petitioner’s or business Applicant’s existence through the USCIS’ Validation Instrument for Business Enterprises (VIBE) procedures which is required for approval of the Petition or Application. Alternate procedures are available for Petitioners that prefer that the original Notices of Action are forwarded directly to counsel, such as filing petitions via USCIS’ Premium Processing Service.

For more information, please click on the following links:

(10/20/2011) USCIS to Return to Practice of Sending Original Notices of Action to Attorneys or Accredited Representatives
(09/30/2011) USCIS to Mail Original Notices of Action Directly to Petitioners and Applicants

This publication is for general information only.It is not legal advice, and legal counsel should be contacted before any action is taken which might be influenced by this publication.

Established in 1925, Gunster Yoakley is one of Florida’s oldest and largest full-service law firms.  Its substantial and diversified practice serves an extensive client base of international, national and local businesses, institutions, local governments and prominent individuals.  The firm maintains a strong presence in Florida with offices in Fort Lauderdale, Miami, Palm Beach, Stuart, Vero Beach, West Palm Beach, Jacksonville, and Tallahassee. Gunster Yoakley is home to more than 160 attorneys and 329 employees, providing counsel to clients through 18 practice groups including corporate, immigration, employment, technology and emerging companies, tax, banking and financial services,  real estate, land use and environmental, business litigation, and private wealth services.

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