Now that the Fiscal Year 2020 H-1B cap season is over, it is a good time for an internal review and update of public access files (PAFs).
What is a Public Access File?
U.S. employers who sponsor H-1B employees must make certain records available, on request, to government auditors, members of the public, and the H-1B employee. The PAF must establish that the employer is paying the higher of: (a) the prevailing wage; or (b) the actual wage paid to other employees in similar positions who have similar qualifications.
Why does PAF compliance matter?
Failure to comply with PAF requirements, if ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the June Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 remains stalled at February 22, 2017, EB-2 leaps forward nearly three months to August 1, 2016 and EB-3 advances over three weeks to September 15, 2015
- India: EB-1 falls to January 1, 2015, EB-2 crawls ahead three days to April 19, 2009, and EB-3 ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 remains stalled at February 22, 2017, EB-2 advances six weeks to May 15, 2016, and EB-3 moves ahead twenty-one days to August 22, 2015
- India: EB-1 freezes at February 22, 2017, EB-2 moves forward four days to April 16, 2009, and EB-3 continues to outpace ...
U.S. Citizenship and Immigration Services has just announced that it has completed what is commonly known as the “master’s cap” H-1B lottery. The agency confirmed, as was widely anticipated, that sufficient petitions were received during the first five business days of April 2019 to satisfy this additional pool of 20,000 H-1B numbers, which are set aside for workers who possess an advanced degree from a U.S. college or university. As we previously reported, the “regular cap” of 65,000 numbers was also met during the 5-day filing window.
USCIS also just released the total ...
U.S. Citizenship and Immigration Services has reported receiving enough petitions during the first five business days of April 2019 to meet the congressionally mandated 65,000 H-1B regular cap for fiscal year 2020. USCIS will next determine if it has received enough petitions to meet the 20,000 U.S. advanced degree exemption or “master’s cap.”
This year, for the first time, the agency ran the regular lottery first, with the stated purpose of ensuring that more of the limited annual H-1B numbers went to those with advanced U.S. degrees. We will provide an update once the agency ...
After weeks of anxious speculation by immigration attorneys and their clients, the US Citizenship and Immigration Services (USCIS) finally announced their premium processing strategy for this year’s H-1B cap season, and it’s … complicated:
- H-1B cap petitions requesting a change of status may request premium processing when the case is initially filed during the first week of April;
- The 15 day premium processing clock for change of status cases will not start until USCIS notifies the public sometime before May 20, 2019;
- If premium processing is not requested with an initial ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the April Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 halts at February 22, 2017, EB-2 leaps forward three months to April 1, 2016, and EB-3 moves ahead three weeks to August 1, 2015
- India: EB-1 stalls at February 22, 2017, EB-2 creeps ahead three days to April 12, 2009, and EB-3 continues to outpace EB-2 ...
U.S. Citizenship and Immigration Services (USCIS) published revised Form I-539, Application to Extend/Change Nonimmigrant Status and new Form I-539A, Supplemental Information to Extend/Change Nonimmigrant Status. Applicants may continue to file the current Forms I-539 and Supplement A until March 21, 2019; as of March 22, 2019, only the revised I-539 and I-539A will be accepted by USCIS. The I-539A may not be filed as a stand-alone form.
According to USCIS, it may verify the information provided on the I-539/I-539A before or after the application is processed. In addition ...
On February 20, 2019, U.S. Citizenship and Immigration Services (USCIS) submitted its proposed regulation to remove work authorization for certain H-4 spouses to the Office of Management and Budget (OMB). It is likely that OMB will complete its review within 30 days.
What happens next?
Once OMB completes its review, the proposed regulation will be made available for public comment. It remains to be seen whether USCIS will allow a 60-day comment period, or limit comments to 30 days, as it did with the H-1B lottery regulation, Registration Requirement for Petitioner Seeking to File ...
On February 11, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a revised Form I-539, Application to Extend/Change Status. The revised form will publish and become effective on March 11, 2019. As of the effective date, USCIS will only accept the revised Form I-539. Affected foreign nationals include spouses and children of H-1B and L visa holders; visitors for business or pleasure; F-1 students and J-1 exchange visitors for certain changes of status.
USCIS will also publish a new Form I-539A, Supplemental Information to Extend/Change Nonimmigrant Status. Form ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 moves forward two weeks to February 22, 2017, EB-2 jumps ahead three months to January 1, 2016, and EB-3 creeps forward one week to July 8, 2015
- India: EB-1 advances two weeks to February 22, 2017, EB-2 crawls forward three days to April 9, 2009, and ...
Foreign Students Will Face New Threats
DHS’s Fall 2017 regulatory agenda proposed “comprehensive reform” to practical training programs, which allow foreign students to obtain paid work after graduation – a pathway that often leads to H-1B and green card sponsorship by a U.S. employer. Although no final rule has yet been published, ICE is still expected to end an Obama-era provision that extended practical training from one to three years for graduates in STEM fields who work for employers enrolled in E-Verify. ICE may also be looking at ways to restrict the standard ...
A year ago, we blogged about the changes we saw coming in 2018 for U.S. employers and their employees under the April 2017 Buy American / Hire American executive order. Though widespread across visa and green card categories, those changes have all amounted to increasing obstacles for U.S. companies to hire, retain and sponsor foreign nationals. H‑1B workers, their H‑4 spouses, F‑1 students, TN professionals under NAFTA (to be replaced by the United States-Mexico-Canada Agreement, once approved by Congress), and L‑1 managers and specialists who transfer into U.S ...
The Department of Homeland Security (“DHS”) announced today that the final rule amending DHS regulations governing H-1B cap-subject petitions will be published in the Federal Register on January 31, 2019, and will become effective on April 1, 2019.
The new rule implements the electronic registration requirement, but suspends it for the FY2020 H-1B cap season. The rule also reverses the order in which the United States Citizenship and Immigration Services (“USCIS”) will select cap subject H-1B petitions. USCIS will first select, in a random lottery, a sufficient number ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the February Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 moves forward two months to February 8, 2017, EB-2 advances two months to October 1, 2015, and EB-3 advances three weeks to July 1, 2015
- India: EB-1 advances two months to February 8, 2017, EB-2 creeps forward five days to April 6, 2009, and EB-3 ...
Hunton Andrews Kurth LLP is pleased to announce the addition of Natalie Tynan to its national labor and employment practice. Tynan joins the firm’s immigration group as a senior attorney in Washington.
Tynan joins the firm after more than eleven years with the US Department of Homeland Security. She has served in various roles, including special assistant with the U.S. Citizenship and Immigration Service’s Office of Policy and Strategy, where she was responsible for implementing executive orders and agency programs, and as chief of adjudications for USCIS Service Center ...
In August 2017, rumors began circulating that U.S. Citizenship and Immigration Services was denying applications for advance parole if the applicant had departed the US before the application was approved.
Soon after these reports surfaced, USCIS officially confirmed the change, which was implemented without formal announcement or advance notice of any kind. Since then, USCIS has indiscriminately applied the policy, including to those who traveled with their existing valid advance paroles (for example, while their renewals were pending) or on valid “dual intent” visas ...
The issues discussed in our earlier blog post on EB-1 backlogs have been expanded into a full article. The article can be found here.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month.
- China: EB-1 advances three and a half months to December 15, 2016, EB-2 creeps ahead one month to August 1, 2015, and EB-3 stalls at June 8, 2015
- India: EB-1 also advances three and a half months to December 15, 2016, EB-2 freezes at April 1, 2009, and EB-3 remains ...
An H-1B cap registration proposal has been in the works since 2011, but it may have been President Trump’s Buy American and Hire American (“BAHA”) executive order that finally created the right climate to push the proposal as far as it has now come. In its proposed rule, published in the Federal Register on December 3, 2018, the Department of Homeland Security (“DHS”) describes two major changes it seeks to implement to the H-1B cap selection process, beginning in 2019.
First, the proposed rule requires employers to submit a registration within a specific timeframe for each ...
As mentioned in our December Visa Bulletin post, the employment-based first preference (EB-1) category remains backlogged for all countries. Despite previous expectations, it appears that the backlog is here to stay. The Department of State’s Charlie Oppenheim recently told the American Immigration Lawyers Association (AILA) that the Final Action dates for the EB-1 category would reach June 1, 2018 (for all countries except China and India) within the next eight to twelve months. If this prediction proves true, the EB-1 category will never become current this fiscal year ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month. Contrary to projections announced in the September Visa Bulletin, the EB-1 category will NOT return to current in December. In fact, despite some insignificant forward movement, unprecedented backlogs will continue in this category for all countries ...
The US Department of Labor (USDOL) has published its statistics for fiscal year 2018, which ended on September 30, 2018. The USDOL certified the majority of the 119,776 labor certification (PERM) applications processed in the last fiscal year. Of the 24,052 applications still in process with the USDOL as of the end of the fiscal year, 64% were still in analyst review and 25% were in audit review. The majority of PERM applications were for: computer and mathematics occupations; positions in California and Texas; positions in the Professional, Scientific and Technical Services or ...
UPDATE: In November, USCIS will accept EB I-485 applications based on the Department of State’s Dates for Filing chart.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 freezes at June 1, 2016, EB-2 advances six weeks to May 15, 2015, and EB-3 halts at June 1, 2015
- India: EB-1 remains at June 1 ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the October Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 jumps forward more than four years to June 1, 2016, EB-2 rebounds to April 1, 2015, and EB-3 continues to speed past EB-2 and moves to June 1, 2015
- India: EB-1 jumps forward more than four years to June 1, 2016, EB-2 moves ahead two years to March 26 ...
The United States Citizenship and Immigration Services (“USCIS”) has announced that the suspension of premium processing for FY2019 H‑1B cap cases, announced on March 21, 2018, has been extended until possibly February 2019.
USCIS also announced that effective September 11, 2018, premium processing will be suspended for H‑1B cases filed at the Vermont and California Service Centers, except for:
- H-1B petitions filed by cap-exempt petitioners or by petitioners who will be employing beneficiaries at qualifying cap-exempt institutions, entities, or organizations; or
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the September Visa Bulletin, including Final Action Dates and changes from the previous month:
China: EB-1 remains stalled at January 1, 2012, EB-2 retrogresses to January 1, 2013, and EB-3 continues to move forward - advancing four months to November 1, 2014
India: EB-1 remains at January 1, 2012, EB-2 falls behind nearly two years to January 1 ...
U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2019 H-1B lottery. Employers who filed petitions should now have received either a Form I-797 receipt notice with assigned receipt number, or the original rejected petition including filing fees. USCIS will take inquiries if employers believe they filed during the required period – April 2 to April 6, 2018 – and have not received a receipt notice or rejected petition by August 13, 2018
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the August Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains backlogged to January 1, 2012, EB-2 moves forward - advancing two months to March 1, 2015 - and EB-3 leaps ahead eighteen months to July 1, 2014
- India: EB-1 remains stuck at January 1, 2012, EB-2 freezes at March 15, 2009, and EB-3 advances two ...
On May 18, 2018, after receiving a notice from the Government of Ecuador terminating that country’s bilateral investment treaty with the United States, the U.S. Department of State’s Office of Trade Representative announced the termination in the Federal Register. The treaty has been in force since 1997.
The US Citizenship and Immigration Services (USCIS) announced yesterday that it has completed the data entry for all H-1B cap petitions selected in the FY2019 lottery held in April. Because receipts are mailed on a rolling basis as the data entry for each selected petition is completed, it is still possible that additional receipts for petitions selected in the lottery will arrive later this week.
The USCIS will now begin the process of returning to the attorneys of record those petitions that were not selected in the lottery. In past years, the return process lasted into July.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the June Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 holds steady at January 1, 2012, EB-2 stalls at September 1, 2014, and EB-3 remains June 1, 2015
- India: EB-1 remains backlogged to January 1, 2012, EB-2 creeps ahead four days to December 26, 2008, and EB-3 remains May 1, 2008
- Philippines: EB-2 remains ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains backlogged to January 1, 2012, EB-2 creeps forward one month to September 1, 2014, and EB-3 freezes at June 1, 2015
- India: EB-1 remains backlogged to January 1, 2012, EB-2 remains at December 22, 2008, and EB-3 advances three months to May 1 ...
The United States Citizenship and Immigration Services (“USCIS”) has reported receiving 190,098 cap subject H-1B petitions during the first five business days of April 2018, more than twice the number mandated by Congress’ cap of 65,000 under the regular H-1B cap and 20,000 under the advanced degree cap for each fiscal year.
On April 11, USCIS completed a computer generated and random lottery to select the 20,000 advanced degree cap petitions it will process for the 2019 fiscal year. Those not selected in this lottery, were included in a second lottery conducted to select the ...
The US Citizenship & Immigration Services (USCIS) has just announced that it will temporarily suspend premium processing service for H-1B Cap petitions for Fiscal Year 2019. The suspension is expected to remain in effect until September 10, 2018. Once the suspension is lifted, pending H-1B Cap petitions can be upgraded to premium processing service, if desired. Other H-1B petition types, including petitions to amend or extend H-1B status, or to change employers, are not impacted at this time. The official announcement can be seen here. We will continue to monitor these ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 retrogresses to January 1, 2012, EB-2 advances eight months to August 1, 2014, and EB-3 leaps ahead six months to June 1, 2015
- India: EB-1 reverts to January 1, 2012, EB-2 creeps forward another week to December 22, 2008, and EB-3 jumps forward more ...
In a February 28, 2018, status update filing with the U.S. Court of Appeals for the District of Columbia in the matter of Save Jobs USA v. United States Department of Homeland Security, the Department of Homeland Security (“DHS”) stated its inability to issue a Notice of Proposed Rulemaking (“NPRM”) on the rescission of H-4 EADs by its initial intended timeframe of February 2018. DHS now expects to issue the NPRM in time for publication in June 2018.
DHS explained that after review of the draft proposal by the United States Citizenship and Immigration Services, a determination ...
In a letter dated February 23, 2018, the US Embassy in Paris notified “Golden Arrow” participants that the program to expedite E-2 visa issuance for critical employees of large French corporations is coming to an end. The Golden Arrow program allows employees of select pre-approved French companies to quickly schedule and obtain E-2 visas for employment in the United States in executive, managerial and essential skills positions. Golden Arrow employers are large, established French-owned companies with significant operations in the United States and France. Golden Arrow ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains current, EB-2 jumps ahead another two months to December 8, 2013, and EB-3 advances two months to November 15, 2014
- India: EB-1 remains current, EB-2 creeps forward one week to December 15, 2008, and EB-3 moves forward one month to January 1 ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the February Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains current, EB-2 advances nearly two months to October 1, 2013, and EB-3 jumps forward five months to September 15, 2014
- India: EB-1 remains current, EB-2 continues a slow forward crawl –advancing 16 days to December 8, 2008, and EB-3 leaps forward an entire month to December 1, 2006
- Philippines: EB-2 remains current and EB-3 advances two weeks to March 1, 2016
- All Other Countries: All EB categories are current
Hunton & Williams LLP’s immigration practice will introduce a new and improved immigration management system to its clients on January 16, 2018. For fifteen years, our group has used Immigration Tracker as a critical tool to manage our practice and serve our clients. The latest version of Tracker will offer a host of significant improvements that allows our practice group to work more efficiently through increased collaboration with clients and sponsored employees. Some of the key improvements are:
- More powerful and easier to use management tools for Human Resources personnel to manage active sponsorships, including automatic delivery of custom reports, more detailed and transparent case status information, and viewing documents
- Sponsored employees enjoy simplified yet more effective questionnaires that auto populate information previously provided, the ability to scan and upload documents directly from any mobile device, and more detailed case status information at their fingertips - including milestones completed for each process
- Hunton team members will have more powerful tools available to prepare forms more quickly and accurately, manage active cases and expirations, and share critical information and documents with clients and sponsored employees
- Improved security and accessibility through the latest in cloud-based database technology
If 2017 is any indication, the new year will bring a fresh cascade of changes – both announced and unannounced, anticipated and unanticipated – in the business immigration landscape. Few, if any, of these changes are expected to be good news for U.S. businesses and the foreign workers they employ.
In 2017, while much of the news media focused on the Trump Administration’s draconian changes to practices and policies that affected the undocumented – including ending the DACA Dreamer program, shutting down Temporary Protected Status for citizens of countries ravished by war and natural disaster, and aggressively enforcing at the southern border and in “sensitive” locations such as churches, courthouses, and homeless shelters – relatively less attention has been paid to the steady, incremental erosion of rights and options for legal immigrants, particularly those who are sponsored for work by U.S. employers, under the Administration’s April 2017 “Buy American / Hire American” executive order. There is no doubt that such restrictions to the legal immigration system will continue to cause business uncertainty and disruption in 2018. Here’s what to expect:
On November 20, 2017, the United States Citizenship and Immigration Services (“USCIS”) issued a policy memorandum restricting TN nonimmigrant classification under the profession of Economist, to those who will primarily engage in activities consistent with the profession of Economist and specifically excluding those employed as Financial Analysts, Market Research Analysts, and Marketing Specialists. USCIS explains that the policy memorandum was necessary, because the lack of an in-depth description of the Economist profession in the North American Free Trade Agreement, which created the TN nonimmigrant classification, has led to inconsistent adjudications regarding which positions are encompassed under the Economist profession.
In its memorandum, USCIS explains that Economists generally specialize in either the analysis of individuals or firms to better understand the relationship between supply and demand or in the analysis of aggregated indicators to determine how different sectors of the economy are related to each other. USCIS adds that Economists may apply economic analysis to issues in a variety of fields including labor, international trade, development, econometrics, education, health, and industrial organization.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains current, EB-2 advances five weeks to August 8, 2013, and EB-3 advances six weeks to April 15, 2014
- India: EB-1 remains current, EB-2 moves ahead 3 weeks to November 22, 2008, and EB-3 finally moves– advancing two weeks to November 1, 2006
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains current, EB-2 creeps forward two weeks to July 1, 2013, and EB-3 advances five weeks to March 8, 2014
- India: EB-1 remains current, EB-2 advances 3 weeks to November 1, 2008, and EB-3 remains frozen at October 15, 2006 for the fourth month in ...
This week, Tom Homan, acting Director of the Immigration and Customs Enforcement (ICE), announced that he has instructed Homeland Security Investigations (HSI), the investigative branch of ICE, to quadruple the number of worksite inspections. Danielle Bennett, spokeswoman for the agency, confirmed this directive and added “ICE’s worksite enforcement strategy continues to address both employers who knowingly hire unauthorized workers and the workers themselves.”
What does this mean for U.S. employers? This means that employers should expect to see increased HSI visits during which HSI will conduct not only I-9 audits to ensure that employers are complying with established employment eligibility verification requirements, but also other investigations related to compliance with immigration and labor regulations.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 remains current, EB-2 moves ahead 24 days to June 15, 2013, and EB-3 only advances one month to February 1, 2014
- India: EB-1 remains current, EB-2 advances 23 days to October 8, 2008, and EB-3 remains stalled at October 15, 2006
- Philippines: EB-2 ...
United States Citizenship and Immigration Services (“USCIS”) has announced that premium processing has been reinstated for all H-1B cases. As of today, petitioners may file H-1B petitions requesting premium processing and may upgrade currently pending H-1B petitions to premium processing.
Although no official statement has been issued, the United States Citizenship and Immigration Services (“USCIS”) announced during a call with the American Immigration Lawyers Association’s Service Center Operations Liaison Committee that it expects to resume premium processing for all H-1B cases on or before October 3, 2017. We will update this post as soon as USCIS makes an official announcement.
The United States Citizenship and Immigration Services (“USCIS”) announced today the reinstatement of premium processing for H-1B petitions subject to the Fiscal Year 2018 cap. USCIS previously reinstated premium processing for H-1B petitions filed on behalf of Conrad 30 waivers recipients and those filed by certain H-1B cap-exempt petitioners.
USCIS expects to resume premium processing as workload permits, but previously announced a target date of October 3, 2017.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
U.S. Citizenship and Immigration Services (USCIS) has announced a significant expansion of in-person interviews for individuals applying for permanent residence based on an offer of employment. The policy also applies to a much smaller population of beneficiaries of I-730 Refugee/Asylee Relative Petitions who are inside the United States. The new policy will begin on October 1, 2017, and is expected to result in more than 130,000 additional interviews conducted each year at USCIS District Offices throughout the country. Affected applicants should expect significant processing delays, as these interviews will be conducted by an agency that is already struggling to keep up with current processing demands. These interviews will be conducted at the final stage of the permanent residency application process, called adjustment of status.
The U.S. Department of State has announced that, effective August 23, 2017, U.S. consular operations in Russia – Moscow, St. Petersburg, Yekaterinburg and Vladivostok – will suspend processing of all nonimmigrant visa (NIV) applications. This action is being taken due to recent personnel reductions the Russian government has mandated for the U.S. Mission in Russia. Immigrant Visas related to permanent residence may also be impacted.
Today, the United States Citizenship and Immigration Services (“USCIS”) announced the reinstatement of premium processing service for H-1B petitions filed by certain cap-exempt petitioners. In addition to petitioners who seek to employ physicians who are recipients of Conrad 30 waivers, H-1B petitioners who meet the following criteria may now also request premium processing:
- Institutions of higher education;
- Nonprofits related to or affiliated with an institution of higher education; or
- Nonprofit research or governmental research organizations.
USCIS also ...
U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2018 H-1B lottery. Employers who filed petitions should now have received either a Form I-797 receipt notice indicating the petition was assigned a receipt number, or the original rejected petition including filing fees. USCIS will take inquiries if employers believe they filed during the required period – April 3 to April 7, 2017 – and have not received either the receipt notice or the rejected petition by July 31 ...
U.S. Citizenship & Immigration Services (“USCIS”) is scheduled to release a revised Form I-9, Employment Eligibility Verification, on July 17, 2017. The previous version, dated 11/14/16 N, remains valid, but only through September 17, 2017. On September 18, 2017, employers must use the new form.
The new form changes the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, the Immigrant and Employee Rights Section. In addition, several key changes have been made to the List C, Acceptable Documents to Prove Employment ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the August Visa Bulletin, including Final Action Dates and changes from the previous month:
- China: EB-1 and EB-3 both remain stalled at January 1, 2012, while EB-2 creeps forward one month to April 22, 2013
- India: EB-1 remains at January 1, 2012, EB-2 stalls at July 22, 2008 and EB-3 continues to advance, moving forward five months to July 15, 2006
March 2017 brought us a surprising suspension of the Premium Processing option for all H-1B petitions received by the USCIS on or after Monday, April 3, 2017, which led to an overwhelming number of H-1B extension filings in a short period of time. The USCIS was unable to process most of the cases within the 15-day period, leading to the return/refund the $1,225 filing fees. April 2017 brought us the H-1B cap petition lottery that, once again, demonstrated a high demand for H-1B visas by US companies. In addition, while these events were taking place, the President and members of his ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the July Visa Bulletin, including Final Action Dates and changes from the previous month:
- China EB-1 remains at January 1, 2012, EB-2 advances three weeks to March 22, 2013 and EB-3 reverses course and falls behind EB-2, retrogressing more than two years to January 1, 2012
- India EB-1 holds steady at January 1, 2012, EB-2 continues its slow forward ...
The Trump Administration’s April Executive Order, “Buy American, Hire American,” puts the H-1B visa program under increased scrutiny, but is not likely to have significant, if any, impact on the program for the foreseeable future.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the June Visa Bulletin, including Final Action Dates and changes from the previous month:
- China EB-1 retrogresses to January 1, 2012, EB-2 continues a slow forward march advancing to March 1, 2013, and EB-3 is stalled at October 1, 2014
- India EB-1 retrogresses to January 1, 2012, EB-2 moves ahead slightly to July 1, 2008 and EB-3 advances six weeks to ...
There has been a flurry of activity and uncertainty related to immigration issues since President Trump took office. Hunton & Williams partners Adam Rosser and Emily Burkhardt Vicente discuss the concerns faced by the business community and the future of the H-1B visa program in the US.
The USCIS received 199,000 petitions for the FY-2018 H-1B visas that will become available on October 1, 2017. The lottery was held on April 11, 2017, for both the master’s cap cases (20,000 H-1B visas) and the regular cap cases (65,000 H-1B visas). The USCIS is in the process of sending receipt notices by regular mail to those whose petitions were selected in the lottery. We expect that the process to mail all of the notices will take several weeks to complete. Petitions that were not selected in the lottery will be returned (with the uncashed filing fee checks) over the next few months ...
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month:
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that premium processing service will be suspended for all H-1B petitions received on or after April 3, 2017. This suspension may remain in place for up to 6 months.
Below is a summary of the March 2017 Visa Bulletin, including Final Action Dates and changes from the previous month for employment-based categories:
- China continues to move forward at a slow pace, and the EB-3 cut-off date (March 15, 2014) remains ahead of the EB-2 date (December 15, 2012)
- India EB-2 advances two months to June 1, 2008, while EB-3 remains stalled at March 22, 2005
- Philippines EB-3 jumps ahead five months to March 15, 2012
- Worldwide EB-3 moves forward two months to December 1, 2016
The provision automatically extending some Employment Authorization Documents (“EADs”) of the much-anticipated “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimigrant Workers” regulation goes into effect today. The regulation provides for the automatic extension of certain EADs for a period not to exceed 180 days, provided that a renewal application is:
- Properly filed with USCIS before the expiration date shown on the face of the expiring EAD,
- Based on the same employment category shown on the face of the expiring EAD, and
- Based on a class of aliens whose employment eligibility to apply for employment authorization continues notwithstanding expiration of the EAD and is based on an employment authorization category that does not require adjudication of an underlying application or petition before the adjudication of the renewal application.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
On December 27, 2016, the Administrative Appeals Office of U.S. Citizenship & Immigration Services (USCIS) issued a far-reaching decision, Matter of Dhanasar, that sets a new legal framework for approval of National Interest Waiver (NIW) petitions and is likely to greatly increase the value of this green card category. The newly designated precedent decision also vacates Matter of New York State Department of Transportation, a 1998 case that has severely limited the usability of the NIW petition for almost 20 years.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.
Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month:
- China continues to move forward at a slow pace, and the EB-3 cut-off date (September 8, 2013) remains ahead of the EB-2 date (October 15, 2012)
- India EB-2 jumps ahead more than two months to April 15, 2008, while EB-3 remains stalled at March 15, 2005
The Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers rule was published in the Federal Register today. This significant rule codifies long-standing but unofficial agency practices under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) and establishes a variety of new provisions to further streamline business immigration processes, including the following:
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process.
Below is a summary of the December 2016 Visa Bulletin, including Final Action Dates and changes from the previous month:
- China continues to move forward at a slow pace, and the EB-3 cut-off date (July 1, 2013) remains ahead of the EB-2 date (September 22, 2012)
- India EB-2 jumps ahead three months to February 1, 2008, while EB-3 only advances one week to March 15, 2005
- Philippines EB-3 advances two months to June 1, 2011
- Worldwide EB-3 remains stalled at July 1, 2016.
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