The USCIS has announced that they will resume premium processing in a phased approach. The Service will first allow I-140’s to utilize premium processing beginning June 1st, 2020. Then some cap-exempt H-1B’s on June 8th and by June 22nd they’ll allow all I-129 forms (H-1B, O-1, TN, L-1, etc.) to utilize premium processing. You can…
News
No Premium Processing for FY21 Cap-Subject H-1B Petitions
USCIS has announced that as in previous years, they will suspend premium processing for all petitions filed in the FY21 H-1B cap. The service has issued a two-tier system for resuming premium processing on these petitions, mirroring what occurred last year (FY20 filings). Change of status (from F-1 to H-1B) petitions will be able to…
Entry Restrictions for Most Foreign Nationals Traveling from Europe Due to the Coronavirus
President Trump signed a proclamation suspending entry for most foreign nationals who have traveled to the Schengen area within the prior 14 days. This does not apply to LPR’s (Green Card holders). See link to the Department of Homeland Security below for more details. https://www.dhs.gov/news/2020/03/11/homeland-security-acting-secretary-chad-f-wolf-s-statement-presidential-proclamation
Coronavirus Travel Updates
With the Coronavirus spreading, there are many travel restrictions being put in place. Please read what the CDC is currently saying about travel. Foreign nationals needing to travel, or even simply wanting to travel, should seek advice before leaving the United States. https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html
EB-3 Visa Bulletin moves to ‘U’ (Unavailable)
The Department of State (DOS) released the September 2019 Visa Bulletin a few weeks ago, and the EB-3 categories had normal retrogression. Since then, the DOS has announced that the EB-3 category is now unavailable for the remainder of the fiscal year. This means that all available green cards within the numerical limits have been…
USCIS Improves Citizenship Test
In Fiscal Year 2018, over three-quarters of a million individuals became naturalized U.S. Citizens. To be sure that legal immigrants fully know their rights as well as responsibilities, the USCIS is updating the test that is taken during the citizenship application process. The pilot versions will begin in the fall of 2019, per the USCIS…
USCIS Attempting Transition to Digital Processing
The USCIS has long said they would like to have a more digital platform, which, if properly functioning would likely be welcomed by all. They are putting the first parts of ‘eProcessing’ in motion by allowing certain visitors for business, visitors for pleasure, and vocational students to apply online to extend their stays in the…
USCIS Suspends Premium Processing
The USCIS has been busy lately. Policy memo updates, RFE issuance, and now premium processing suspension. This suspension had already been in effect for H-1B Cap (lottery) cases, and they are now expanding this to other H-1B types. Here are a few highlights of the entire message which you may read HERE. • Cap Exempt…
2017 Visa Modernization Regulation Summary
In November 2016 the Department of Homeland Security (DHS) finalized a new regulation in an effort to modernize certain aspects of employment based immigration. The goal of the new regulation was to improve the ability of U.S. employers to hire and retain highly skilled workers who are beneficiaries of approved employment-based immigrant visa petitions and are…
2016 USCIS Fee Increase Effective 23 Dec 2016
The final rule has been published, formally announcing the increase in USCIS filing fees for the first time in six years. You may view an abbreviated listing of the most frequently filed forms at the link above. Please plan accordingly for 2017 budgeting. 2016 USCIS Fee Increase (PDF)
Proposed USCIS Fee Increase
The Department of Homeland Security is proposing an increase to most fees charged by the USCIS. The USCIS conducted a fee review and determined that the current fee structure was not covering costs. The comment period has ended as of July 6th 2016. Please consider the fee increases listed here for appropriate budget planning. Proposed…
STEM OPT Continuation Update
As you may know, the validity of the regulation authorizing STEM OPT extensions of 17 months has been challenged. While the Court ruled back in August 2015 that the DHS had the authority to create the STEM program, it also held that the DHS did not follow the procedural rules required for implementation of a…
STEM OPT Extended to 24 Months
The Department of Homeland Security (DHS) has successfully published its final rule relating to STEM OPT extensions in the Federal Register as of 11 May 2016. This final rule has established that the STEM extension is now up to 24 months; a potential increase of 7 months over the previous rule. The new rule establishes…
Revised Procedures for Determining Visa Availability
Upcoming Changes to the Visa Bulletin Pursuant to the executive actions announced by President Obama in November 2014, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have announced revised procedures on how to modernize and streamline the visa backlog system. In order to more accurately predict overall immigrant visa demand and…
DOS Reneges On October 2015 Visa Bulletin
On September 25th, the Department of State (DOS) published an ‘updated’ Visa Bulletin for October 2015. This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015. With the publishing of this updated visa bulletin the Federal Government has now caused numerous foreign-born individuals to be ineligible to file adjustment…
USCIS Reaches FY 2016 H-1B Cap
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions…
Presidential Action on Immigration
After President Obama’s speech on 11/20/14 there are still many unknowns about how his remarks will affect the immigration process. The CIS and DOL have issued memos attempting to give some guidance on these issues. Please be aware that nothing is taking effect immediately and most likely anything that will be implemented will be 90…
Effects of Government Shut-down – October 2013
As you may know, until congress passes a budget for the new fiscal year, the US government is in a state of partial shutdown effective today, October 1, 2013. Unfortunately, this shutdown means that some immigration services provided by the US government are temporarily suspended or delayed. According to the government agencies involved in immigration,…
New Procedures for Paperless I-94
Admission Procedures for Nonimmigrants Beginning April 30, 2013, individuals entering the United States through an airport or seaport using a nonimmigrant visa (including the H, L, O, P and TN classifications) will no longer receive a paper Form I‐94 to record their entry and departure dates. Instead, Customs and Border Protection (CBP) will place an…
USCIS reaches FY 2014 H-1B Cap
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. 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. After today, USCIS will…
