Business Immigration Insights

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 ...

As negotiations in Congress continue towards resolving the shutdown of the federal government, individuals and companies that interact with the various federal agencies that administer immigration programs are naturally wondering how they might be affected. US Citizenship and Immigration Services (USCIS) typically provides clear information about the impact of a government shutdown on its operations. For other agencies, we can only look to prior shutdowns in 2011 and 2013 to understand what to expect.

As a general matter, only “essential” employees will continue to work until funding is restored. The following is what we anticipate with respect to the various agencies Hunton & Williams deals with on behalf of our clients:

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

The Department of Homeland Security (DHS) announced that because the conditions in El Salvador  no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate on September 9, 2019.  This conclusion is at odds with the State Department travel advisory, which says that travelers should reconsider travel to El Salvador due to violent crime (murder, assault, rape, armed robbery, gang activity, etc.).  The travel advisory can be found here.

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

On Tuesday, January 16, 2018, the new US Embassy in London will be operational for all US visa, consular,  and US citizen services.

The new address is: 33 Nine Elms Lane, London SW11 7US.  Any appointments already scheduled will be held at the new address.