New ETA Form 9035
The new ETA Form 9035, LCA for Non-immigrant Workers is now available. We are aware of the change and have implemented appropriate changes to our processing.
Policy forthcoming for the practice of denying pending I-131 applications
Sources indicate USCIS will end the practice of denying pending I-131 applications when an applicant travels overseas. At CIS Ombudsman Annual Conference, USCIS Director L. Francis Cissna indicated this policy will be forthcoming. We will provide updates as we receive them.
USCIS to Expand Information Services Modernization Program to Key Locations
USCIS will expand its Information Services Modernization Program to key field offices, beginning with the Detroit Field Office and the five offices in the Los Angeles District on Nov. 13. Field offices in the Newark, Great Lakes, and San Francisco districts will implement the program during the first quarter of FY 2019. USCIS anticipates expanding [...]
USCIS Announces Workload Transfer of Certain H-1B Petitions from CSC to NSC
USCIS announced that on 10/30/18, it transferred Form I-129, Petition for Non-immigrant Workers, for petitioners requesting H-1B non-immigrant classification from the CSC to the NSC.
BALCA Upholds Denial Based on Procedural Grounds
BALCA found that when an employer requests review by BALCA, rather than filing a MTR, BALCA is only bound to consider information before the CO upon denial and the employer is prevented from supplementing the record with information. (Matter of University of California-Berkeley, 8/30/18) Read BALCA decision(PDF).
USCIS Using Tablets to Administer the English Reading and Writing Tests for Naturalization
On Oct. 1, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews as part of the agency’s ongoing business modernization efforts. Although USCIS applicants already use digital tablets to sign or verify parts of their applications, this new approach expands tablet usage, allowing the device to be used [...]
BALCA Upholds Denial Based on Newspaper Ads with Multiple Openings
BALCA found that while a single ad may be used for more than one position, it does not sufficiently apprise U.S. workers of an opportunity if it does not include the position’s title and includes a careless summary of duties and requirements. (Matter of Igate Global Solutions, 8/30/18). Read BALCA decision(PDF).
DHS Final Rule Increasing the Premium Processing Fee
DHS final rule is increasing the premium processing fee charged by USCIS. DHS is increasing the fee by 14.92 percent, from $1,225 to $1,410. This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. https://www.gpo.gov/fdsys/pkg/FR-2018-08-31/pdf/2018-19108.pdf
USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays
USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions. While H-1B premium [...]
USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors
USCIS has published a revised final policy memorandum related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M non-immigrants who fall out of status and timely file for reinstatement of that status will [...]