Link: https://www.uscis.gov/news/alerts/certain-nonimmigrants-can-now-file-form-i-539-online

LAW IMM Takeaways:
USCIS is reminding users that certain nonimmigrants may be eligible to file form I-539 online.

Link: https://www.uscis.gov/news/news-releases/uscis-accelerates-transition-digital-immigration-processing-0

LAW IMM Takeaways: 
USCIS has announced its new digital transformation initiative called eProcessing in its efforts to speed up and transition into eventual full-fledged digital business model, which would cover all the steps of applying for an immigration benefit, and communicating with the USCIS via digital means, to finally receiving the decision on a case matter.

Link: https://www.uscis.gov/news/alerts/texas-service-center-begin-accepting-form-i-129-certain-h-1b-petitions

LAW IMM Takeaways: 
USCIS has announced that starting on May 20, 2019, the Texas Service Center will begin to process form I-129 petition for nonimmigrant worker, for certain H-1B cap-exempt petitions, such as those requesting for:
1.      Change in previously approved employment;
2.      Change of employer;
3.      Concurrent employment;
4.      H-1B amendment petitions;
5.      Continuation of previously approved employment without change with the same employer;
6.      Change of status to H-1B or
7.      Notification to a U.S. consulate or inspection facility (port of entry or pre-flight inspection).

Link: https://www.uscis.gov/visabulletininfo

*LAW IMM Takeaways: *Following the publication of the June 2019 Visa Bulletin by the U.S. Department of State, the USCIS has subsequently announced that with regards to the June 2019 Visa Bulletin, filers for Family-Sponsored Filings must follow the Dates for Filing Chart for the June 2019 visa bulletin. And as for the filers in the Employment-based Filings, they must follow the Final Action Dates chart in the same June 2019 visa bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2020-h-1b-cap-subject-petitions

*LAW IMM Takeaways: *USCIS has confirmed that it has completed the data entry of the H-1B quota cases that were selected in this year (fiscal year 2020) H-1B lottery. USCIS also confirms that it will start to return those cases that were not selected in this year’s lottery.

Link: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_june2019.pdf

LAW IMM Takeaways: U.S. Department of State’s June 2019 visa bulletin shows only slight movement in the employment-based preference categories. In particular, the employment-based 3rd visa preference category numbers for Indian nationals did not move at all, while the EB-2 visa numbers for Indian nationals did move by a few days only.

Link: https://www.cbp.gov/travel/international-visitors/i-94

LAW IMM Takeaways:

U.S. Customs and Border Protection (CBP) has announced that starting in May 2019, the I-94 arrival numbers that are assigned to each international traveler arriving in the U.S. will be alphanumeric. That means, instead of just 11-digit long numbers, international travelers will be issued I-94 numbers with combination of digits and letter in their arrival records to the U.S. More specifically, the new I-94s will have 9 digits, followed by a letter in the 10th position, and then a digit in the 11th position. Those international travelers who have unexpired I-94s issued in the present numeric format will continue to remain valid for the duration of their admit until date printed on the paper I-94 and/or the date shown on the public I-94 website.

Link: https://www.uscis.gov/visabulletininfo

LAW IMM Takeaways:

U.S. Department of State’s May 2019 visa bulletin still shows steady movement in the employment-based 3rdpreference visa category for not only Indian nationals, but also Chinese and Philippine nationals as well. In fact, the Philippines 3rd preference category even advances by three (3) months, from March 1, 2018 in the April 2019 bulletin to June 1, 2018 in the May 2019 visa bulletin.

Link : https://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-random-selection-process-fy-2020-and-reaches-advanced-degree-exemption-cap

LAW IMM Takeaways: USCIS has announced that on April 10, 2019, it has completed the random drawing and selection process for the Fiscal Year 2020 H-1B quota petitions, and it determined that it has selected enough petitions to fill both the H-1B regular cap of 60,000 cases, as well as the 25,000 U.S. advanced degree exemption cases (Master’s cap).

Link:  https://www.uscis.gov/visabulletininfo

LAW IMM Takeaways:

U.S. Department of State’s April 2019 visa bulletin continues to show robust movements in the employment-based 3rd preference category, in particular for Indian nationals, advancing by one (1) full month.

Link:  https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-all-h-1b-petitions

LAW IMM Takeaways:

USCIS has announced that it is resuming premium processing for all H-1B cases starting on Tuesday, March 12, 2019. This means that when the H-1B petitioner is requesting premium processing with payment of additional filing fee, the USCIS guarantees a 15-day processing time. And if the USCIS does not take action on the case (either approval, or issue request for further evidence (RFE)) within the 15-calendar day processing time, the USCIS will refund the petitioner’s premium processing service fee and continue with expedited processing of the petition.

Link: https://www.uscis.gov/news/alerts/update-uscis-publish-revised-form-i-539-and-new-form-i-539a-march-8

LAW IMM Takeaways:

USCIS has announced that it is publishing a new version of the form I-539, Application to Extend/Change Nonimmigrant Status, as well as adding a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, to replace the previous version of the Form I-539 supplement A.

Link: https://www.uscis.gov/news/news-releases/uscis-strengthens-guidance-spousal-petitions-involving-minors

LAW IMM Takeaways:

USCIS clarifies its guidelines that (a) the age requirements for a petitioner filing an Affidavit of Support for a spouse in conjunction with a concurrently filed I-485 is 18 years old [note: there is no formal age requirement for petitioner filing a spousal form I-130]; and (b) adds factors that the adjudicators should consider when adjudicating form I-130 spousal petition involving minors.

Link: https://www.uscis.gov/news/news-releases/uscis-resumes-premium-processing-h-1b-petitions-filed-or-dec-21-2018

LAW IMM Takeaways:

USCIS has announced that it is resuming premium processing (expedited 15-day processing time) for those H-1B petitions that were filed on or before December 21, 2018 and for which the USCIS has not yet finished adjudicating those petitions.

Link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html

LAW IMM Takeaways:

U.S. Department of State’s March 2019 visa bulletin continues to show meaningful movements in the employment-based preference categories. In particular, the employment-based 3rd visa preference category numbers for Indian nationals continues to move faster than the 2nd visa preference category numbers. And the visa preference category for EB-1 continues to move at slow pace across all nationalities as demand for those visa numbers continue to be quite vibrant.

Link: https://www.uscis.gov/news/news-releases/uscis-updates-fee-payment-system-used-field-offices

LAW IMM Takeaways:

As part of the USCIS’s continuing efforts to modernize and update its operations, USCIS has been updating its applicants’ payment systems in selected field offices throughout the U.S. The aim is to eventually have all USCIS field offices accept payments only in the following forms: personal check; attorney check; business check; debit card; credit card, or reloadable prepaid credit or debit card by the end of fiscal year 2019.

https://www.uscis.gov/news/alerts/uscis-publish-revised-form-i-539-and-new-form-i-539a

LAW IMM Takeaways:
USCIS has just announced that starting on March 11, 2019, they will not only publish a revised Form I-539, Application to Extend/Change Nonimmigrant Status, but they will also add a new form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.

https://www.uscis.gov/news/alerts/uscis-now-accepting-copies-negative-p-visa-consultations-directly-labor-unions

LAW IMM Takeaways:
USCIS has announced that it will start to accept negative consultation letters that are issued by labor unions which are related to P nonimmigrant visa petitions. Consultation letters issued by U.S. labor organization are normally required for P visa petitions. P petitions are related to sponsorship of athletes, artists, entertainers, and their essential support personnel.

https://www.npr.org/2019/01/31/690260797/homeland-security-created-a-fake-university-in-michigan-as-part-of-immigration-s

LAW IMM Takeaways: 

The Department of Homeland Security set up an undercover operation in which it set up a fake university called the University of Farmington based out of an office in Farmington Hills, Michigan to entice F-1 students who wanted to remain in the U.S. and obtain work authorization via Curricular Practical Training (CPT) program. The federal indictment was unsealed on January 31, 2019 by the Department of Justice to reveal that there are six (6) individuals who were charged with conspiracy to assist with more than 600 foreign nationals to remain illegally in the U.S. as F-1 students and work in the U.S., while those same foreign students were allegedly informed upfront by the undercover DHS agents who were posing as university officials that they would not be attending any classes or earning any academic credits, and that they can simply pay fees to the university and then be eligible for CPT and work in the U.S.

https://www.ice.gov/news/releases/federal-prosecutors-unseal-indictments-naming-19-people-linked-chinese-birth-tourism

SANTA ANA, Calif. – Following the arrests this morning of three defendants who allegedly operated “birth tourism” outfits that catered to Chinese clients, federal authorities today unsealed indictments that charge a total of 19 people linked to three schemes that operated across Southern California and charged clients tens of thousands of dollars to help them give birth in the United States.