USCIS has posted a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States. This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the [...]
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in their computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, they cannot provide a definite time frame for returning unselected petitions.Additionally, USCIS may transfer some [...]
AILA provides a report that surveys how policy changes by the Trump Administration are slowing and restricting legal immigration. Please read PDF about this topic. policy changes.pdf
CAP Gap Employment: The USCIS has clarified that F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization. An F-1 student who is the beneficiary of an H-1B petition and request for change of status that is filed on time may have his [...]
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for FY 2019. USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. [...]
USCIS today announced the launch of new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public. The user-friendly website provides information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification process. E-Verify.gov [...]
UPDATE: On April 6, 2018, USCIS reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. [...]
Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 days of [...]
USCIS issued a policy memorandum designating Matter of S- Inc., as an adopted decision, discussing the prohibition on multiple H-1B filings by “related entities" (such as a parent company, subsidiary, or affiliate). Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)
USCIS has launched a pilot to test a redesigned processing times webpage that displays the data for all forms in an easier-to-read format and also tests a new way of collecting data and calculating the processing times for some forms. The pilot will test four forms using a new automated methodology for calculating processing times. [...]