USCIS WILL NOW PRIORITIZE PENDING I-539 APPLICATIONS WHEN EMPLOYERS FILE I-129 PETITIONS WITH PREMIUM PROCESSING SERVICE REQUESTS
U.S. Citizenship and Immigration Services (USCIS) recently published an update to its web page outlining Options for Nonimmigrant Workers Following Termination of Employment. Notably, the agency indicated that it will prioritize a pending I-539 application to change status to B-1/B-2 visitor status when an employer subsequently files an I-129 change of status petition with a premium processing service request. Per the recent USCIS update, if an employer files a Form I-129 petition along with Form I-907 for premium processing service, the agency will generally process the pending Form I-539 and Form I-129 together during the premium processing timeframe and issue concurrent decisions. No formal request is required for the pending I-539 to be prioritized. Furthermore, USCIS has indicated that if the Form I-129 petition is filed with a premium processing request, the foreign national will be granted the nonimmigrant status requested on the I-129 petition, and not on the I-539 application, even if both forms are approved on the same day.
Date:05/26/2023
Department of State (DOS) Raised Consular Services Fees
DOS final rule raising most NIV application processing fees and the fee for a Border Crossing Card for Mexican citizens age 15 and over. The rule is effective 5/30/23. (88 FR 18243, 3/28/23)
The fee changes implemented by the rule are:
The application processing fee for non-petition based NIVs (except E category) will be raised from $160 to $185.
The application processing fee for H, L, O, P, Q, and R category NIVs will be raised from $190 to $205.
The fee for E category NIVs will be raised from $205 to $315.
The processing fee for Border Crossing Cards for Mexican citizens age 15 and over will be raised from $160 to $185.
The fee for the exchange visitor waiver of two-year residency requirement will be maintained at $120.
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 11954]
RIN 1400–AF33
Schedule of Fees for Consular Services—Nonimmigrant and Special Visa Fees
AGENCY: Department of State.
ACTION: Final rule.
Date:05/23/2023
USCIS ANNOUNCES FY2024 H-1B REGISTRATION NUMBERS
On April 28, 2023, USCIS announced that for FY2024, it received 758,994 eligible registrations (compared to 474,421 registrations in FY2023). The newly released numbers also indicated that there were more than 780,884 registrations and only 110,791 selections. An eye-popping 408,891 registration applications were for individuals on whose behalf multiple employers submitted a registration, a 147% increase in multiple registrations from last fiscal year. Industry leaders and AILA agree that H-1B system does not meet legitimate demand and the registration system has been left vulnerable to exploitation.
Date:05/01/2023
Expansion of Premium Processing Services by USCIS
U.S. Citizenship and Immigration Services (USCIS) published a final rule entitled, Implementation of the Emergency Stopgap USCIS Stabilization Act on March 30, 2022. In this final rule, USCIS codifies multiple changes to the premium processing benefit and clarifies when USCIS is to implement premium processing updates. Subsequently, on May 24, 2022, USCIS announced that it will begin accepting Form I-907 requests for Form I-140, Immigrant Petition for Alien Worker, on behalf of E13 Multinational Executive and Manager Petitions received on or before January 1, 2021. USCIS further announced that beginning July 1, 2022, it will accept Form I-907 requests for Form I-140 on behalf of E21 National Interest Waiver (NIW) Petitions received on or before June 1, 2021, as well as Form I-140 filed on behalf of E13 Multinational Executive and Manager Petitions received on or before March 1, 2021.
Date:05/26/2022
USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants
U.S. Citizenship and Immigration Services (USCIS) announced today a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers. The TFR, which only applies to those EAD categories currently eligible for an automatic up to 180-day extension, will temporarily provide up to 360 days of additional automatic extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after publication of the TFR while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic.
Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible. Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD. Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
Date:05/04/2022
USCIS ANNOUNCES NEW ACTIONS TO REDUCE BACKLOGS, EXPAND PREMIUM PROCESSİNG, AND PROVIDE RELIEF TO WORK PERMIT HOLDERS.
Today, U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. To reduce the agency’s pending caseload, USCIS is establishing new internal cycle time goals this month. The agency’s publicly posted processing times show the average amount of time it took USCIS to process a particular form – from when the agency received the application until a decision was made on the case. This final rule expands the categories of forms ultimately eligible for premium processing services, including Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; and additional classifications under Form I-140. Lastly, USCIS has begin streamlining many EAD processes, including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers. The temporary final rule aims to build on this progress and to ensure certain individuals will not lose their work authorization status while their applications are pending.
Date:03/30/2022
USCIS UPDATES POLICY GUIDANCE FOR CERTAIN FIRST-PREFERENCE IMMIGRANTS ON MARCH 23, 2022
USCIS updated guidance in its Policy Manual about two evidentiary criteria relating to immigrants of extraordinary ability and one relating to outstanding professors and researchers to more closely align with recently issued guidance pertaining to O-1A nonimmigrants of extraordinary ability. USCIS is updating its guidance about two evidentiary criteria relating to immigrants of extraordinary ability and one relating to outstanding professors and researchers to more closely align with recently issued nonimmigrant guidance pertaining to O-1A nonimmigrants of extraordinary ability. This guidance is effective immediately.
Policy Highlights
Clarifies that for the extraordinary ability and outstanding professor or researcher classifications, “published material” about the person (or the person’s work in the case of an outstanding professor or researcher) in professional or major trade publications or other major media need not be a printed article; rather, a petitioner may submit more varied forms of evidence including a transcript of audio or video coverage.
Clarifies that, in the extraordinary ability classification, a person may satisfy the leading or critical role criterion through a qualifying role for a distinguished department or division in addition to an entire organization or establishment.
Date:03/24/2023
DEPARTMENT OF HOMELAND SECURITY MAKES MORE INTERNATIONAL STUDENTS ELIGIBLE FOR STEM OPT.
The Biden administration has expanded students eligible for Optional Practical Training (OPT) in science, technology, engineering, and math (STEM) fields. DHS published on January 21, 2022 a Federal Register notice announcing that “The Secretary of Homeland Security is amending the DHS STEM Designated Degree Program List [for OPT] by adding 22 qualifying fields of study.” This policy change is important because additions to this list will make more students eligible for the STEM OPT extension. The government uses the STEM Designated Degree Program List to determine F-1 students’ eligibility for the 24-month extension of their post-completion for OPT based on their STEM degree.
USCIS UPDATES GUIDANCE ON NATIONAL INTEREST WAIVERS.
USCIS provided updated guidance on requests for “National Interest Waivers” related to job offer and labor certification requirements for advanced degree professionals and individuals of exceptional ability. The Biden administration aims to remove barriers to legal immigration under Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. USCIS clarifies how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. The updated guidance also promotes effective and efficient processing of benefits consistent with the executive order.
Date: 01/29/2022
AFTER SETTLEMENT AGREEMENT, USCIS ISSUES POLICY GUIDANCE ON EMPLOYMENT AUTHORIZATION FOR CERTAIN H-4, E, AND L NONIMMIGRANT DEPENDENT SPOUSE
USCIS issued policy guidance to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is updating its interpretation and implementation of 8 CFR 274a.13(d) to provide that this group of spouses will qualify for the automatic extension provided under this regulatory provision if certain conditions are met. The guidance is effective as of November 12, 2021. H-4, E, and L dependent spouses now qualify for automatic extension of their existing EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant. The EAD will automatically be extended to the earlier of the following: The Form I-94 expiration date, the approval or denial of the EAD renewal application, or 180 days from the date of the expiration of the previous EAD. This policy provision is aimed to mitigate gaps in employment authorization due to USCIS backlogs and delays in application adjudication. USCIS has 120 days in which to update the I-94 to reflect the automatic authorization. Until then, H-4, E, and L dependents with work authorization must rely on their current EADs to prove their eligibility to work.
Effective immediately, E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 upon entering the U.S. in valid status. USCIS will modify the Form I-94 for E and L dependent spouses to notate immediate documentation of their employment authorization upon admission in valid E or L status. H-4 dependents must still file an I-765 upon admission to the U.S.
Date:12/15/2021
IMMIGRATION NEWS & UPDATES
NEW STUDY SHOWS THAT U.S. EMPLOYERS SEEKING MORE HIGH-SKILLED IMMIGRANT TALENT.
The New American Economy (NAE) released a report on June 10, 2021 documenting that the U.S. does not have enough high-skilled workers to meet demand for computer-related jobs, and employers are seeking immigrant talent to help fill that gap. A bipartisan immigration research group found that for every unemployed computer or math worker in the country in 2020, there were more than seven job postings for computer-related occupations. Andrew Lim, director of quantitative research at NAE, said that “the evidence in this report is really adding more support to the idea that there are still needs from employers in the United States for computer-related workers that are not being addressed by current immigration policy.”
Thousands say diversity visa processing is at a standstill. Thousands of winners of the annual visa lottery sued the Biden administration, saying its policies have brought diversity visa processing to a standstill, negatively affecting their chance to live in the U.S. In a complaint filed Monday, roughly 24,000 lottery winners and their families accused President Biden, Secretary of State Blinken and two State Dept. officials overseeing the diversity visa program of instituting policies that have left them unable to secure the visas before they expire. The plaintiffs claim the State Dept. has stopped processing visa applications or conducting the final-stage consular interviews. The State Dept. has only issued 1,480 of the available 55,000 visas since the 2021 diversity visa program opened, the lottery winners say.
Feds Ask To Pull Back Trump-Era H-1B Base Wages Rule. The U.S. Department of Labor asked a California federal court to remand a disputed policy increasing the minimum wage businesses must pay H-1B specialty occupation workers, saying that critics have raised serious concerns warranting careful review.
USCIS Will Offer Filing Flexibilities Due to Delays at USCIS Lockboxes. USCIS announced filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities are effective from June 10, 2021, until August 9, 2021, and only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices. USCIS's announcement follows a letter AILA sent to the agency in April expressing concerns about USCIS's untimely rejection of applications and petitions, and urging equitable relief for those impacted by delayed rejections.
USCIS Issues Three Policy Updates to "Improve Immigration Services." USCIS issued three updates to the Policy Manual to clarify the criteria used to determine whether a case warrants expedited treatment; to address the circumstances in which officers should issue RFEs and NOIDs; and to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status.
International Entrepreneurs Now Have an Immigration Pathway to the United States. U.S. Citizenship and Immigration Services announced on May 10, 2021 the Continuation of International Entrepreneur Parole Program. Entrepreneur reports on the Biden administration's recent restoration of the International Entrepreneur Rule, which was created under the Obama administration and then stymied by the Trump administration. The rule will serve as a "startup visa" of sorts, available immediately to startup founders from around the world and those who are already in the United States.
Date:06/11/2021
USCIS MODIFIES H-1B SELECTION PROCESS TO PRIORITIZE WAGES.
On January 8th 2021, USCIS announced the final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive. The final rule will be effective 60 days after its publication in the Federal Register.
Date:01/08/2021
USCIS Premium Processing Fee Increase Effective Oct. 19, 2020.
The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days. Any Form I-907 (Request for Premium Processing) postmarked on or after Oct. 19 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after Oct. 19 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.
Date:10/23/2020
USCIS issues interim final rule revising definition of “Specialty Occupation.”
On Thursday, October 8th 2020, Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field(s) and the duties of the offered position. The rule also restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. This requirement was defeated in federal court, and earlier this year DHS retracted its memo enforcing this requirement for third party placements, but this rule restores this requirement. The rule reduces the current three-year maximum validity period to one year. It also augments DHS’ power to determine compliance with worksite inspections and to oversee compliance before, during, and after an H-1B petition is approved. Inspections may be conducted at an employer’s headquarters, satellite locations, and work sites, including third-party worksites. USCIS will have the authority to deny or revoke H-1B petitions if it determines the employer or third party fails or refuses to cooperate with site visits. The IFR takes effect December 7, 2020.
DOL issues interim final rule making changes to computation of “Prevailing Wage” effective October 8, 2020.
. DOL interim final rule (IFR) submitted to the Office of the Federal Register for publication amended existing regulations governing permanent labor certifications and labor condition applications (LCA). Specifically, the IFR changes change the computation of prevailing wage levels, resulting in higher prevailing wages for all occupations for each OES-based wage level.
Level I Wage: 45th percentile (from 17th percentile)
Level II Wage: 62nd percentile (from 34th percentile)
Level III Wage: 78th percentile (from 50th percentile)
Level IV Wage: 95th percentile (from 67th percentile)
This IFR took effect on October 8, 2020. This rule will only apply to applications for prevailing wage determination (PWD) pending with the NPWC as of the effective date of the regulation; applications for prevailing wage determinations filed with the NPWC on or after the effective date of the regulation; and LCAs filed with DOL on or after the effective date of the regulation where the OES survey data is the prevailing wage source, and where the employer did not obtain the PWD from the NPWC prior to the effective date of the regulation. DOL will not apply the new regulations to any previously-approved prevailing wage determinations, permanent labor certification applications, or LCAs, either through reopening or through issuing supplemental prevailing wage determinations or through notices of suspension, invalidation, or revocation. This will effectively increase the “required wage” associated with H-1B, H-1B1, and E-3 benefit requests, as the “required” wage is defined as the higher of the actual wage and the prevailing wage. The IFR will result in higher wages associated with employment-based immigrant visa petitions that rely on OES-based PWD applications.
Date:10/09/2020
USCIS has increased fees starting in October
USCIS is almost entirely fee-funded, and a decrease in applications in recent months and years has caused the agency to be in a serious budget deficit. On July 31, USCIS announced that it would increase fees for a range of immigration and naturalization applications. In order to encourage online filing, USCIS will decrease fees by $10 for anyone who files an application or petition online. The new rule and fees will go into effect on October 2, 2020.
https://www.uscis.gov/news/news-releases/uscis-adjusts-fees-to-help-meet-operational-needs
USCIS Issues EB-5 Redeployment Guidance
On July 24, 2020, USCIS issued a Policy Alert entitled “Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category.” The Policy Alert summarized the published updates to the USCIS Policy Manual, Volume 6, Part G, which contains USCIS guidance on EB-5 Immigrant Investors, including Form I-526 and Form I-829. The changes to the USCIS Policy Manual focus on the rules for “redeployment” of immigrant investor capital into new investments to meet the “at risk” requirement as interpreted by USCIS.
Date:08/07/2020
SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses
SEVP announced modifications to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. DHS plans to publish the procedures and responsibilities in the Federal Register as a temporary final rule.
Temporary exemptions for the fall 2020 semester include:
Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status. If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings.
Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations. Eligible F students may take a maximum of one class or three credit hours online.
Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses..> Full News
Date:07/07/2020
USCIS OFFICES PREPARING TO REOPEN ON JUNE 4
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to re-open in compliance with local and state orders, on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are temporarily closed. During this time, individuals may still submit applications and petitions to USCIS. Online filing remains the most convenient and interactive way to submit forms, check the status of your case, and receive notices.
Field Office and ASC Appointments, Naturalization Ceremonies, InfoPass
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.
Asylum Office Interviews
USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.
Please check to see if the respective office has been reopened before calling the USCIS Contact Center.
In-Person Public Engagements
Additionally, USCIS is postponing all in-person public engagement and outreach events for the duration of the temporary office closure. Please contact [email protected] if you have an immediate engagement question during this time.
Date:04/24/2020
GREEN CARD BAN
On April 22, 2020 President Donald Trump signed a proclamation suspending temporarily the entry of immigrant-visa applicants for 60 days.
Key Points in the Proclamation
The suspension will take effect April 23 at 11:59 pm Eastern Daylight Time (EDT) and will last for 60 days unless extended or modified.
The proclamation applies to immigrant visa applicants, and does not apply to temporary visa applicants, such as H-1B, L-1 or other nonimmigrant categories.
The proclamation only applies to immigrant visa applicants who are outside the U.S. when the suspension takes effect and do not already have a valid immigrant visa as of the effective date and who do not have another type of travel document (such as advance parole, transportation letter or boarding foil) that permits them to travel to the U.S.
The proclamation specifically excludes:
U.S. lawful permanent residents.
Spouses and unmarried children under 21 of U.S. citizens.
Foreign physicians, nurses or other healthcare professionals (and accompanying spouses and unmarried children under 21) applying for immigrant visas to perform research to combat the spread of COVID-19, or to perform work essential to combatting, recovering from or alleviating the effects of the COVID-19 outbreak.
Those applying for EB-5 immigrant Investor visas.
Individuals whose entry is in the national interest.
Individuals who would further U.S. law enforcement objectives.
Certain classes of Special Immigrant Visa applicants and their family members.
Members of the U.S. Armed Forces and their spouses and children.
The proclamation requires the Secretaries of Labor, Homeland Security and State to review within 30 days nonimmigrant visa programs and recommend to the president other measures “appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”
Ozisik PLLC Analysis
As U.S. consulates suspended visa operations on March 20, 2020 due to COVID-19, the proclamation should have limited immediate impact. However, employers with affected employees should plan for additional processing delays even after consulates resume operations. Importantly, the executive order does not affect nonimmigrant visa applicants outside the U.S., such as H-1B, L-1, E-2 or other temporary workers. The proclamation also should not impact USCIS’s processing of immigrant visa petitions, such as Form I-140 and Form I-130, and adjustment of status applicants who can apply for their green cards from within the U.S. and do not need to obtain an immigrant visa at a consulate abroad. The proclamation does direct federal agencies to review nonimmigrant programs and recommend additional measures within 30 days. Ozisik PLLC will be closely monitoring developments and will provide analysis as we learn more.
Date:04/23/2020
IMMIGRATION SUSPENSION
Our office is currently receiving a high volume of questions about the U.S. government’s announcement of a potential temporary ban on immigration. We are monitoring the situation and will respond to all inquiries as quickly as possible. In the case of an emergency, please contact us at 1-212-509-0099. We appreciate your patience.
President Trump sent a late-night tweet after 10 pm on Monday stating that he will sign an executive order temporarily suspending all immigration to the U.S. in light of the coronavirus pandemic. The president did not offer any further details on the upcoming order, including what categories of immigration would be affected and what the order would mean for immigrants already working legally in the U.S. New York Times reported recently that President Trump is expected to announce Tuesday evening a temporary pause in the issuance of most green cards but guest worker programs will continue. If the executive order is signed as provided, it would create the most sweeping restrictions on immigration in the U.S. during the pandemic even for a temporary period of time. Trump administration already extended orders for 30 days that have closed off the U.S. borders to nonessential travel and blocked all migrants who enter the U.S. without legal documentation, including asylum-seekers and unaccompanied children.
The American Immigration Lawyers Association (AILA) has been closely following the latest tweet from President Trump announcing his plan to sign an order to “temporarily suspend immigration into the United States.” Together with AILA, we are urging the White House and agencies to implement rational, policy-based measures. We will be following the developments and inform our clients immediately.
Date:04/21/2020
USCIS Temporary Office Closure For In-Person Services Extended Until At Least May 3rd 2020
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public. USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services. USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure.
Date:04/01/2020
USCIS TO CONTINUE PROCESSING APPLICATIONS FOR EMPLOYMENT AUTHORIZATION EXTENSION REQUESTS DESPITE APPLICATION SUPPORT CENTER CLOSURES
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics. Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or has filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs are open for appointments to the public.
Date:03/30/2020
H-1B Initial Electronic Registration Selection Process Completed
USCIS announced that it has received enough electronic registrations during the initial period to reach the FY2021 H-1B cap. USCIS has randomly selected from the registrations that were properly submitted and intends to notify petitioners with selected registrations no later than March 31, 2020.
Date:03/27/2020
USCIS: Temporary Office Closure Extended until at least April 7
On March 18, to protect our workforce and to help mitigate the spread of Coronavirus Disease (COVID-19) in our communities, USCIS temporarily suspended all routine face-to-face services with applicants at all of our offices, including all interviews and naturalization ceremonies. The temporary suspension is extended, and USCIS offices will re-open on April 7 unless the public closures are extended further.
This includes interviews, naturalization ceremonies and biometric collection appointments. However, we will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.
USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. We will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies. We will reschedule all applicants when USCIS resumes normal operations.
USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.
USCIS will also automatically reschedule ASC appointments due to the office closure. Those impacted will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments at the field office must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center.
Additionally, USCIS is postponing all in-person public engagement and outreach events for the duration of the temporary office closure. Please contact [email protected] if you have an immediate engagement question during this time.
Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and clean hands and surfaces appropriately.
USCIS will provide further updates as the situation develops and will continue to follow CDC guidance in response to this situation. Please visit uscis.gov/coronavirus for updates.
Date:03/26/2020
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).
Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes. We will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). We will notify the public with a confirmed date for resuming premium processing.
USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted.
This temporary suspension includes petitions filed for the following categories:
I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.
I-140: EB-1, EB-2 and EB-3.
This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement.
For current Form I-129 and I-140 processing times, visit the Check Case Processing Times page and the H-1B page on the USCIS website.
Date:03/20/2020
SUSPENSION OF ROUTINE VISA SERVICES
In response to worldwide challenges related to the outbreak of COVID-19, the Department of State is suspending routine visa services in most countries worldwide. Embassies and consulates in these countries will cancel all routine immigrant and nonimmigrant visa appointments as of March 18, 2020. Check the website of the embassy or consulate for its current operating status. As resources allow, embassies and consulates will continue to provide urgent and emergency visa services.
Please see: https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html
GLOBAL LEVEL 4
The Department of State advises U.S. citizens to avoid all international travel due to the global impact of COVID-19. In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period. U.S. citizens who live abroad should avoid all international travel. Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice. Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips. If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.
Please see: https://travel.state.gov/content/travel/en/traveladvisories/ea/travel-advisory-alert-global-level-4-health-advisory-issue.html
Date:03/19/2020
USCIS Temporarily Closing Offices to the Public March 18-April 1
Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services. Please call the Contact Center for assistance with emergency services.
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the office closure. You will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center.
Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and wash hands and clean surfaces appropriately.
USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus for updates.
Date:03/18/2020
USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory from First-in, First-Out Basis to a Visa Availability Approach
U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach. This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.> Full News
Date:01/29/2020
NEW PUBLIC CHARGE RULE NOW IN EFFECT AFTER U.S. SUPREME COURT OVERTURNS NATIONWIDE INJUNCTION
On October 15, 2019, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) intended to implement a new rule on “public charge inadmissibility.” On October 11, 2019, multiple U.S. District Courts enjoined and restrained DHS and USCIS from implementing the new rule. However, on January 27, 2020, the U.S. Supreme Court overturned the injunction and is allowing the DHS and USCIS to proceed in implementing the new rule. We discuss the new rule and its impact below..> Full News
Date:01/28/2020
USCIS Updates Policy Guidance on the EB-5 Immigrant Investor Program
USCIS is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Modernization Final Rule, published on July 24, 2019, and effective on November 21, 2019. The revised policy guidance, among other things, updates the minimum investment amounts, explains the new methodology for determining high unemployment areas, and adds and clarifies information about priority dates. Please see the Policy Alert for more detailed information on this update..> Full News
Date:11/06/2019
USCIS Aims to Decrease Processing Times by Transferring Cases for Interviews Outside Normal Jurisdictions
USCIS plans to decrease differences in processing times based on location for Forms N-400 and I-485. Applicants may receive notices for an interview at a field office outside of their normal jurisdiction. Biometric appointments will still be held at applicants’ nearest application support center.> Full News
Date: 06/17/2019
USCIS Issues Policy Alert on Controlled Substance-Related Activity and Good Moral Character Determinations
Effective April 19, 2019, USCIS issued guidance to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be a state law offense.> Full News
Why Is Your Case Taking So Long?
USCIS Processing Delays Have Now Hit Crisis Levels. American Immigration Lawyers Association (AILA) provides a flyer that helps clients with long-pending USCIS cases understand the broader context of current processing delays.> Full News
Date: 04/26/2019
USCIS Will Begin Premium Processing for Certain FY2020 Cap-Subject H-1B Petitions on May 20, 2019
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition requesting a change of status must wait until premium processing begins on May 20 to submit Form I-907.
Date: 03/12/2019
New I-539 Will Become Mandatory on March 22, 2019
On March 8, the USCIS posted a new version of form I-539 online for persons seeking to extend or change their status. Although the current form I-539 can be used until March 21, after that the USCIS will accept only the new form. In addition, a new I-539A supplement will be required. Each family member of the primary Form I-539 applicant must sign and submit a separate Form I-539A and the forms must be submitted together. It will take even longer than it does now (6-9 months) to extend or change your status or to get an Employment Authorization Document (EAD). New I-539 Procedure requires that applicants will have to appear at a USCIS Application Support Center to have their biometrics (fingerprints and a digital photo) taken. This includes both the principal applicant and their dependents who are also applying for an extension/change of status, whatever their age. Each person will have to pay an $85 biometrics fee.
Date: 03/12/2019
USCIS resumes premium processing for all petitions today.
USCIS resumes premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.
Date: 03/12/2019
USCIS Resumes Premium Processing for H-1B Petitions Filed on or Before December 21, 2018.
USCIS Resumes Premium Processing for H-1B Petitions Filed on or Before December 21, 2018. For pending H-1Bs that have been transferred, a premium processing request must be submitted to the service center now handling the petition..> Full News
Date: 03/06/2019
DEPARTMENT OF HOMELAND SECURITY TO INCREASE PREMIUM PROCESSING FEE AS OF OCTOBER 1
DHS published a final rule in today's Federal Register increasing the premium processing filing fee by 14.92 percent, changing it from $1,225 to $1,410. The rule is effective October 1, 2018, and applications postmarked on or after that date must include the new fee..> Full News
Date: 08/31/2018
USCIS EXTENDS AND EXPANDS SUSPENSION OF PREMIUM PROCESSING FOR H-1B PETITIONS
USCIS announced that it is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning 9/11/18, will be expanding this temporary suspension to include certain additional H-1B petitions. The suspension is expected to last until 2/19/19.> Full News
Date: 08/29/2018
USCIS Provides Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations
Date: 08/20/2018
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program > Full News
USCIS Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors.
Date: 05/11/2018
USCIS sent information on May 11, 2018 regarding a policy memorandum that changes how it will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.> Full News
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
Date: 04/12/2018
On April11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated and the U.S. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2019.
USCIS received 190,098 H-1B petitions during filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master's cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.
USCIS conducted the selection process for the master's cap first. All unselected master's cap petitions then became part of the random selection process for the 65,000 cap.
USCIS will continue to accept and process petitions hat are otherwise exempt from the cap. Petitions filed for the current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
* Extended amount of time a current H-1B worker may remain in the United States.
* Change the terms of employment for current H-1B workers.
* Allow current H-1B workers to change employers.
* Allow current H-1B workers to work concurrently in a second H-1B position.
US CONSULATE WAIT TIMES
Date: 03/22/2018
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
USCIS WILL TEMPORARILY SUSPEND PREMIUM PROCESSING FOR FY2019 H-1B CAP PETITIONS
Date:03/21/2018
USCIS announced that starting 4/2/18, it will begin accepting H-1B petitions subject to the FY2019 cap. USCIS will temporarily suspend premium processing for all FY2019 cap-subject petitions. This suspension is expected to last until 9/10/18..> Full News
EB-5 Processing Time Report Updated on 03/14/18
Date: 03/14/2018
Attached is the link that shows the form number, form name and processing times for the following forms that areprocessed by the Immigrant Investor Program Office (IPO).> Full News
USCIS ISSUES POLICY MEMO ON H-1BS INVOLVING THIRD-PARTY WORKSITES
Date: 02/26/2018
USCIS issued a policy memorandum, effective 2/22/18, establishing policy related to H-1Bs filed for workers who will be employed at one or more third-party worksites. Unless specifically exempted in this memo, this guidance applies to all USCIS officers adjudicating Form I-129 H-1B petition.> Full News
EB-5 PROCESSING TIME REPORT
Date: 02/15/2018
USCIS has released the updated EB-5 Processing Time Report on February 15, 2018 with processing dates as of December 31, 2017. > Full News
EB-5 INVESTOR CAN REINVEST FUNDS FROM FRAUD-WRACKED EB-5 DEAL
Date: 02/15/2018
A Florida federal judge has agreed to allow the court-appointed receiver for the failed Jay Peak EB-5 investment project to sink up to $67 million of immigrant investors’ money into a New York-based project that could give investors a chance to still get their green cards. U.S. District Judge Darrin P. Gayles signed off Tuesday on the request by Michael Goldberg, the receiver for the failed $350 million Vermont ski project, to funnel a portion of a $150 million settlement secured last year from Raymond James & Associates Inc. into a development project known as One Wall Street.
Select USCIS Field Offices Expected to Implement InfoPass Changes
Date: 02/15/2018
As part of a new pilot program, select USCIS field offices are anticipated to roll out a new scheduling process for InfoPass appointments that will eliminate self-scheduling of InfoPass appointments online. Under the new pilot program, the scheduling of InfoPass appointments for select USCIS local field offices will instead be coordinated by the USCIS National Customer Service Center. The stated purpose for this new program is to avoid InfoPass appointments being utilized for routine inquiries that can be resolved via the Customer Service Hotline. According to reports, USCIS plans to implement this new pilot program at five local USCIS field offices: Hartford, CT; El Paso, TX; Jacksonville, FL; Sacramento, CA; and San Francisco, CA. Once the new pilot program is implemented, in order to schedule an InfoPass appointment at one of the above listed USCIS field offices, stakeholders will first need to contact the NCSC by phone (1-800-375-5283), speak to a Tier 1 officer, and request to schedule an InfoPass appointment. The call will then be escalated to a Tier 2 USCIS representative who will confirm that the issue is appropriate for an InfoPass appointment before scheduling the appointment. USCIS has not yet publicly released information about this new pilot program on the USCIS website and the implementation date of the program at all five of the selected USCIS field offices is not yet confirmed.
AAO Finds Level 1 Wage Appropriate for Geotechnical Engineer-in-Training
Date: 01/25/2018
The Director of the Vermont Service Center denied the petition, concluding that the Petitioner did not establish, as required, that the submitted labor condition application (LCA) corresponds with the H-1B petition. More specifically, the Director found that the Petitioner's classification of the proffered position as a Level I wage was incorrect. The AAO sustained the appeal for a geotechnical engineer-in-training, finding that as the proffered position does not require experience, education, special skills, or supervisory duties beyond those listed in the related O*NET occupation, it is properly classified as a Level I wage. Matter of B-C-, Inc., ID# 1139516 (AAO Jan. 25, 2018)
Department of State (DOS) Cable on the Reorganization of 9 FAM 402.3-9
Date: 01/12/2018
DOS released a cable advising posts the Visa Office has reorganized 9 FAM 402.3-9 to help guide consular officers through visa eligibility requirements for attendants, servants, and personal employees of foreign government officials and employees; officers and employees of international organizations; and NATO personnel, including A-3, C-3 (attendants, servants, and personal employees only), G-5, and NATO-7 visa applicants. As part of the reorganization, 9 FAM 402.3-9 now reflects updated legal, policy, and procedural changes, including new or amended contract terms, updates to minimum wage requirements, presumptions of ineligibility or other relevant considerations, and the applicability of INA 214(b).> Full News
NEW REQUIREMENTS FOR CHINESE VISITORS
Date: 11/2/2016
On October 31, 2016 U.S. Customs and Border Protection (CBP) announced the launch of the Electronic Visa Update System (EVUS) website for early enrollments. All individuals with a People’s Republic of China issued passport bearing a 10-year B1/B2, B1 or B2 (visitor) visa will be required to have a valid EVUS enrollment when traveling to the United States beginning on November 29. EVUS is the online system used by nationals of the People’s Republic of China holding a 10-year B1/B2, B1 or B2 (visitor) visa to update basic biographic information to facilitate their travel to the United States. EVUS enrollments are valid for two years or until the traveler obtains a new passport or visa, whichever comes first.
CBP will not collect a fee for an EVUS enrollment at this time, but anticipates that an EVUS enrollment fee will eventually be implemented. Until the fee is implemented, travelers can complete their EVUS enrollment without charge. Travelers can submit an EVUS enrollment at any time and will typically receive a response from the system within minutes after submitting their information; however, some responses may take up to 72 hours. CBP encourages travelers to enroll in EVUS when they begin planning their trip to the United States to avoid delays.
Beginning November 29, nationals of the People’s Republic of China holding 10-year visas will not be able to travel to the United States without a valid EVUS enrollment. For travelers taking more than one flight to reach the United States, the EVUS enrollment will be verified when they check-in for their first flight. Nationals of the People’s Republic of China who hold a 10-year visa and are seeking to enter the U.S. through a land or sea port of entry must also have a valid EVUS enrollment. Until November 29, travelers may continue to travel to the United States without an enrollment. CBP operates an EVUS call center with Mandarin-speaking operators that travelers can call or email if they are experiencing technical difficulties or have questions about their enrollment. Travelers can contact the call center at 1-202-325-0180 or via email at [email protected]. The call center is available 24 hours a day, 7 days a week, but will be closed on U.S. federal holidays.
The EVUS process is similar to the process that travelers from 38 other countries must follow before traveling to the United States. If Chinese travelers do not update their information at least every two years, or upon obtaining a new passport after EVUS becomes effective, they will not be able to use their 10-year visas.
DOS POLICY ON VISA REVOCATION FOR NON-IMMIGRANTS WITH DUI CHARGES
Date: 11/2/2016
The U.S. Department of State (DOS) Visa Office has recently issued new guidance to Consular Officers, instructing them to prudentially revoke visas for individuals in the U.S. who have been charged with a driving under the influence (DUI) related offense, unless the issue was already addressed in the initial visa application. Previously, visa holders who had already been issued visas and were present in the U.S. were not subject to visa revocation after the fact, and there were no consequences for DUI-related offenses until the time of the individual's next visa application.
DOS receives information on arrests and convictions through U.S. government agencies' electronic databases. If visa revocation is to occur, DOS is required to notify visa holders in writing where practical, prior to revocation. Visa revocation does not require an individual to immediately depart the U.S., assuming the individual has been admitted to the U.S. in lawful status with a corresponding valid unexpired I-94 arrival/departure record. However, visa revocation would invalidate all of the individual's currently valid visas for any future travel to the U.S. Further, an individual who departs the U.S. would then need to re-apply for a new visa at a U.S. Embassy or Consulate abroad before being able to return to the U.S. If the individual is currently present in the U.S. when revocation occurs, s/he would need to present the visa at a Consulate abroad so that the visa can be physically cancelled.
It is well established that DOS has the authority to revoke a visa based on an individual's arrest or conviction related to a DUI offense, as this may be indicative of visa ineligibility for a possible physical or mental disorder with associated harmful behavior under INA Section 212(a)(1)(A)(iii)).
It is critical that clients continue to immediately disclose all criminal-related issues to their legal counsel so that potential immigration consequences and ineligibilities can be analyzed and addressed.
EXPIRING EB-4, EB-5 PROGRAMS EXTENDED THROUGH DECEMBER 9, 2016
Date: 11/2/2016
On Sept. 29, 2016 President Obama signed into law H.R. 5325 - Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act. This Act extends the EB-5 Regional Center Program and EB-4 non-minister special immigrant program for certain religious workers until December 9, 2016.
The fate of the EB-5 Regional Center Program will continue to be hotly debated and may turn on the outcome of the Presidential election. It is likely that there would be one more temporary extension of the program while the next administration and congress works to find a middle ground on enhanced security and fraud prevention measures, as well as addressing issues such as increases in the amount of investment required and how best to determine Targeted Employment Areas (TEA’s).
EMPLOYERS MAY SUBMIT INQUIRIES IF EXTENSION OF STATUS/CHANGE OF EMPLOYER PETITION HAS BEEN PENDING FOR 210 DAYS OR MORE
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
USCIS TO ALLOW ADDITIONAL APPLICANTS FOR PROVISIONAL WAIVER PROCESS
Date: 11/2/2016
U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency.
This final rule builds on a process established in 2013 to support family unity. Under that process, certain immediate relatives of U.S. citizens can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen spouses or parents would suffer if the waiver were not granted. The rule announced today, which goes into effect on Aug. 29, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. USCIS expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.
Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those eligible for the provisional waiver process under the 2013 rule are only a subset of those eligible for the waiver under the statute. This regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver.
To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.
The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver. Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. 29, 2016. If you do so before that date, USCIS may deny the application.
NEW LAW INCREASES H-1B AND L-1 PETITION FEES
Date: 11/2/2016
The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.
The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit the additional fees with an H-1B or L-1 petition filed:
Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or
To obtain authorization for a nonimmigrant in such status to change employers.
This fee is in addition to the base processing fee, Fraud Prevention and Detection Fee, American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as the premium processing fee, if applicable.
DHS ENHANCES OPPORTUNITIES FOR H-1B1, E-3, CW-1 NONIMMIGRANTS AND CERTAIN EB-1 IMMIGRANTS
Date: 3/28/2016
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
DHS LAUNCHES KNOWN EMPLOYER PILOT PROGRAM
Date: 3/28/2016
The U.S. Department of Homeland Security (DHS) announced the launch of a Known Employer pilot to assess a new process for employers seeking to hire certain workers through employment-based visa categories.
By modifying the process U.S. Citizenship and Immigration Services (USCIS) uses to reviews an employer’s eligibility to sponsor individuals under certain employment-based immigrant and nonimmigrant classifications, the Known Employer pilot is expected to reduce paperwork, costs, and delays in the processing of these benefit requests. USCIS will oversee the pilot in collaboration with the DHS Office of Policy, U.S. Customs and Border Protection (CBP) and the U.S. Department of State (DOS).
H-1B FISCAL YEAR (FY) 2017 CAP SEASON
Date: 3/28/2016
The annual H-1B filing season is upon us. USCIS recently issued information regarding H-1B cap subject cases and best practices for filing the petitions. USCIS has indicated they will accept H-1B petitions from April 1, 2016 through April 7, 2016.
EXTENSION OF POST COMPLETION OPTIONAL PRACTICAL TRAINING (OPT) AND F-1 STATUS FOR ELIGIBLE STUDENTS UNDER THE H-1B CAP-GAP REGULATIONS
Date: 3/28/2016
Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the Cap-Gap period. This is referred to as filling the "Cap- Gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.
17 MONTH OPT EXTENSION FOR STEM DEGREES APPROVED
Date: 3/28/2016
On Friday, March 11, 2016 the Department of Homeland Security published a new rule for the Science, Technology, Engineering and Math (STEM) Optional Practical Training (OPT) Extension. This rule goes into effect on May 10, 2016.
Students who graduate with a science, technology, engineering and math (STEM) degree are eligible to remain in the United States for an additional 17 months on an optional practical training (OPT) STEM extension.
CONGRESS EXTENDS THE EB-5 PROGRAM WITHOUT CHANGES UNTIL SEPTEMBER 30, 2016
Date: 3/28/2016
The EB-5 Immigrant Investor Program allows foreign investors to obtain U.S. Permanent Residence through investing in qualifying U.S. entities and Regional Center Projects. The extension of the Program allows investors and developers t continue access to the important program, while giving time for Congress to review and make any needed reforms.
EMPLOYMENT AUTHORIZATION TO CERTAIN H-4 DEPENDENT SPOUSES
Date: 2/29/2016
U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
CBP ISSUES MEMO ON ADMISSIONS STAMP ON FORM I-20
Date: 2/24/2016
CBP memo dated 8/10/12 instructing officers to cease the practice of placing an admission stamp on Forms I-20 A-B and I-20 M-N presented by prospective and returning students seeking admission to the U.S.
IMMIGRATION REFORM BILL INTRODUCED TO THE SENATE
Date: 2/12/2016
Early this morning, the bipartisan group of Senators known as the "Gang of Eight" introduced the "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013" immigration reform bill in the Senate. Click here to read the full text of the bill.
U.S. Citizenship and Immigration Services announced on October 24, 2016 that the fees required for most immigration applications and petitions will increase effective December 23, 2016.
Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. USCIS has said that this increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.
A table summarizing current and new fees can be found at: https://www.uscis.gov/forms/our-fees
Highlights of the new fees include:
• A fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization.
o USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee.
• The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170.
• A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center.