LAW IMM |
Link: https://www.uscis.gov/news/news-releases/uscis-proposes-adjust-fees-meet-operational-needs
LAW IMM Takeaways:
The Department of Homeland Security and the USCIS have announced that it is proposing rule changes to the USCIS fee schedule. More specifically, DHS is proposing that it is adjusting USCIS fees by a weighted increase of 21 percent; and adding new fees; and also making other changes, such as revising forms, and introducing various new forms.
LAW IMM |
Link: https://www.uscis.gov/news/news-releases/uscis-adjusting-premium-processing-fee-0
LAW IMM Takeaways:
USCIS has announced that starting on Monday, December 2, 2019, the fee for the form I-907 premium processing will increase to $1,440.00 from $1,410.00. This is an increase of $30.00. According to the USCIS, this is to keep up with the rate of inflation, as the USCIS first introduced the premium processing option back in June 2001 (when it was $1,000.00). The USCIS most recently increased the premium processing fee from $1,225.00 to $1,410.00.
LAW IMM |
Link: https://www.uscis.gov/visabulletininfo
LAW IMM Takeaways:
With the publication of the November 2019 Visa Bulletin by the U.S. Department of State, the USCIS has followed up by stating that filers for Family-Sponsored Filings must follow the Dates for Filing Chart for November 2019 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications, which remains ‘Current’ for F2A preference category).
LAW IMM |
Link: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_october2019.pdf
LAW IMM Takeaways:
Upon the publication of the October 2019 Visa Bulletin by the U.S. Department of State, the USCIS has quickly announced that with regards to the October 2019 Visa Bulletin, filers for Family-Sponsored Filings must follow the Dates for Filing Chart for October 2019 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications).
LAW IMM |
LAW IMM Takeaways:
USCIS has published a rule proposing that all H-1B petitioners who wish to enter the H-1B cap lottery next year (Fiscal Year 2021) will be required to pay a $10.00 registration fee per application.
LAW IMM |
LAW IMM Takeaways:
Charlie Oppenheim, who is the Chief of Visa Controls Office at the Department of State has provided an update to the American Immigration Lawyers Association (AILA) that after he reviewed the visa availability dates in the September 2019 visa bulletin, the entire EB-3 visa preference category has immediately been made unavailable for the remainder of Fiscal Year 2019. So, this means that the annual limits for the entire EB-3 visa category have been reached on these categories, which includes worldwide: India, China, El Salvador, Guatemala, Honduras, Mexico, the Philippines, and Vietnam categories.
LAW IMM |
Link: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_september2019.pdf
LAW IMM Takeaways:
U.S. Department of State’s September 2019 visa bulletin reflects the dramatic change in the USCIS demand pattern for adjustment of status applicants during July 2019, as well as a larger than anticipated return of unused numbers which had been provided to consular offices for July use. This has resulted in the latest development in which EB-1 and EB-2 preference Final Action dates for most countries, as well as the EB-5 India preference categories have been able to advance.
LAW IMM |
LAW IMM Takeaways:
USCIS has confirmed that it has completed the return of all of the fiscal year 2020 H-1B quota petitions to the petitioners.
LAW IMM |
Link: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations
LAW IMM Takeaways:
On August 9, 2019, USCIS announced that it will reduce its international offices from twenty (20) down to seven (7) as part of its efforts to better allocate its personnel and resources and help reduce backlog in their overall caseload in their domestic operations in the U.S.
LAW IMM |
Link: https://www.ice.gov/news/releases/sevp-reminds-us-schools-cpt-opt-are-not-interchangeable
LAW IMM Takeaways:
USCIS has announced a Final Rule that expands the definition of "Public Charge" to cover more kinds of public benefits received, and in the process, the revised rule will also impact many nonimmigrant applicants/beneficiaries as well.
LAW IMM |
Link: https://www.uscis.gov/news/news-releases/new-rulemaking-brings-significant-changes-eb-5-program
LAW IMM Takeaways:
On July 24, 2019, USCIS will publish a final rule that introduces a number of major changes to the EB-5 Immigrant Investor Program. The new changes will become effective on November 21, 2019.
LAW IMM |
Link: https://travel.state.
LAW IMM Takeaways:
U.S. Department of State’s August 2019 visa bulletin is reflective of its recent forecast that there would be only slight forward movement, if any, for most of the employment-based preference categories. In fact, the Department of State stated that because of the steady increase of employment applicant demand starting in late May 2019 for adjustment of status cases filed with the USCIS, and with no slowdown in sight, the Department of State has no choice but to establish or retrogress many of the August Final Action Dates in order to hold the Worldwide numbers use within the maximum allowed FY 2019 annual limits. This has negatively impacted the Worldwide numbers for EB-1, EB-2, and EB-3.
LAW IMM |
Link: https://www.ice.gov/news/releases/sevp-reminds-us-schools-cpt-opt-are-not-interchangeable
LAW IMM Takeaways:
Immigration and Customs Enforcement (ICE) and the Student and Exchange Visitor Program (SEVP) has published a reminder notice to U.S. schools and programs who enroll F-1 academic students and M-1 vocational students as well as their respective dependents about the distinctions between the Curricular Practical Training (CPT) and Optional Practical Training (OPT).
LAW IMM |
LAW IMM Takeaways:
Starting on June 24, 2019, the Department of Homeland Security will formally increase some fees, as well as add new fees charged by the Student and Exchange Visitor Program (SEVP) to international students, exchange visitors and SEVP-certified schools.
LAW IMM |
LAW IMM Takeaways:After the U.S Department of State published the July 2019 visa bulletin, the USCIS has clarified further with the announcement that in connection with the July 2019 Visa Bulletin, for family-sponsored filings, applicants in the F2A category (spouse and children of permanent residents) may file using the Final Action Dates chart in the July 2019 Visa Bulletin. But for all the other family-based preference categories, visa applicants must still use the Dates for Filing chart in the July 2019 Visa Bulletin.
LAW IMM |
LAW IMM Takeaways:
U.S. Department of State’s July 2019 visa bulletin contains very interesting and useful information not only about the July visa number demand, but also projections of what the visa numbers will look like in the upcoming months (at least through the end of September, which is also the end of the current fiscal year 2019).
LAW IMM |
*LAW IMM Takeaways:*U.S. Department of State has announced that starting on May 31, 2019, it has updated its non-immigrant and immigrant visa application forms (specifically, the form DS-160 and DS-260, respectively, as well as the paper back-up copy of the non-immigrant visa form DS-156), to request additional information, including social media identifiers, from most U.S. visa applicants worldwide.
LAW IMM |
Link: https://www.uscis.gov/news/alerts/uscis-updates-rejection-criteria-form-i-129
LAW IMM Takeaways:
USCIS is reminding petitioners that starting on August 5, 2019, it will begin rejecting Form I-129 petitions that do not include the petitioner/employer’s name and primary U.S. office address in Part 1 of the Form I-129. Right now, USCIS can reject Form I-129 petitions that are not signed, or did not include correct filing fees, or if an unauthorized third party signs the Form I-129 on behalf of the petitioner/employer.
LAW IMM |
Link: https://flag.dol.gov/announcements
LAW IMM Takeaways:
Starting on Monday, June 10, 2019, the Office of Foreign Labor Certification (OFLC) will begin accepting online filings of the Prevailing Wage Determination form (ETA 9141) in the FLAG (Foreign Labor Application Gateway) system for all visa programs. The current filing method of using iCERT system will continue to be acceptable until 11:59 p.m. EST on Sunday, June 9, 2019. And after that, all prevailing wage determination requests must be filed using the new FLAG. And those who have not done so must first create and register a new login account using the FLAG system.
LAW IMM |
Link: https://www.uscis.gov/
LAW IMM Takeaways:
USCIS is reminding users that certain nonimmigrants may be eligible to file form I-539 online.