Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-nonimmigrants-certain-students-researchers-peoples-republic-china/

Law IMM Analysis:

President Trump has announced the U.S. will block certain Chinese nationals associated with entities in China that are part of China’s military-civil fusion strategy from coming to the U.S. by using
F-1 student or J-1 exchange visitor visas.

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-june-2020

Law IMM Analysis:

For the June 2020 Visa Bulletin just published by the U.S. Department of State, the USCIS has decided to continue to follow the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the June 2020 Visa Bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4

Law IMM Analysis:

USCIS has announced that it is further extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it preparing to re-open its offices on or after June 4 2020, unless the public closures are further extended. Previously, the suspension of services was through May 3, 2020.

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

Law IMM Analysis:

Following the much-delayed release of the May 2020 Visa Bulletin by the U.S. Department of State, the USCIS has decided to continue following the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the May 2020 Visa Bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-temporary-office-closure-extended-until-least-may-3

Law IMM Analysis:

USCIS has announced that it is further extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it will re-open its offices on May 4, 2020, unless the public closures are further extended.

Links: https://www.uscis.gov/news/alerts/h-1b-initial-electronic-registration-selection-process-completed

LAW IMM Analysis:

USCIS has announced that it has received sufficient H-1B quota registrations for the fiscal year 2021, and it has also conducted the random selection/lottery drawing of those registrations. The USCIS also confirmed that it has notified the H-1B petitioners with selected registrations regarding the next steps to take, including the submission of H-1B quota petitions, starting on April 1, 2020 and lasting through at least June 30, 2020.

Links: https://www.uscis.gov/news/alerts/uscis-continue-processing-applications-employment-authorization-extension-requests-despite-application-support-center-closures

LAW IMM Analysis:

USCIS has announced that it will reuse the previously submitted biometrics so that it can continue to process and adjudicate the validly filed Form I-765 Employment Authorization Document (EAD) extension requests, even in light of the temporary closure of the USCIS Application Support Centers (ASCs) to the public due to the current COVID-19 crisis.

Links: https://www.uscis.gov/news/alerts/uscis-announces-flexibility-requests-evidence-notices-intent-deny

LAW IMM Analysis:

In response to the ongoing COVID-19 crisis, the USCIS has announced that it is adopting a more flexible approach to those applicants and petitioners who have to respond to Requests for Further Evidence (RFEs), and Notices of Intent to Deny (NOID) that are issued between March 1, 2020 through May 1, 2020.

Links: https://www.uscis.gov/news/alerts/uscis-temporary-office-closure-extended-until-least-april-7

LAW IMM Analysis:

USCIS has announced that it is extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it will re-open its offices on April 7, 2020, unless the public closures are further extended. Previously, the suspension of services was through April 1, 2020.

Link:https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

LAW IMM Analysis:

USCIS has announced that effective immediately (Friday, March 20, 2020), it will suspend premium processing services for all Form I-129 and I-140 petitions due to the ongoing COVID-19 crisis. This suspension means that USCIS will not accept premium/expedited requests for all the employment-based immigrant and non-immigrant petitions. This suspension will last until further notice and for the immediate future.

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://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.

https://www.uscis.gov/news/alerts/uscis-clarifies-l-1-one-year-foreign-employment-requirement

LAW IMM Takeaways:

USCIS has published a Policy Memorandum to clarify and explain the “one-year foreign employment requirement” for a qualifying U.S. organization that wishes to file for L-1 intracompany transfer petition to transfer an executive or manager (L-1) or a specialized knowledge worker (L-1B) from one of its qualifying foreign offices to one of its offices in the U.S.

https://www.uscis.gov/news/alerts/f-1-cap-gap-status-and-work-authorization-extension-only-valid-through-sept-30-2018

 

LAW IMM Takeaways:

USCIS has issued a reminder that those affected F-1 students who still have pending H-1B change of status petitions with the USCIS and who have been under ‘cap-gap protection’ may not continue to work on or after October 1, 2018, UNLESS they are otherwise authorized to continue employment (via their still-valid EAD cards).

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