Link: https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_august2019.pdf

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.

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).

Link: https://www.ice.gov/news/releases/new-increased-fees-international-students-exchange-visitors-sevp-certified-schools

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.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-july-2019

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.

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

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).

Link: https://travel.state.gov/content/travel/en/News/visas-news/20190604_collection-of-social-media-identifiers-from-U.-S.-visa-applicants.html

*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.

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. 

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.

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.