NEWS
H-1B
Premium Processing Fee Increase Effective Oct. 19, 2020
USCIS today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of [...]
DOL and USCIS issue interim Final Rules
I. DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR will be published today, 10/8/20, and will be effective on the [...]
H/L Dependents, F, H-4 EAD, EADs, Multinational Executive/Manager I-140s Granted Premium Processing
On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. 8089), which seeks to address USCIS’s budget shortfall. The relevant language begins on [...]
Fee Schedule for I-485 and other USCIS Filings
On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) As of September 30, 2020, many [...]
USCIS Fee increase Table. New Fee effective 10/02/2020
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. [...]
Form I-9 Verification During EAD Production Delays Due to COVID-19
USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C [...]
10 things to know about the Presidential Proclamation
Infographic listing the most important points about the latest Presidential Proclamation.
Presidential Proclamation Limiting Entry of Certain Nonimmigrants
This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, H-1B CAP filings are unaffected Change of Employment and Extensions of nonimmigrant status [...]
USCIS Issues Updated Policy Guidance and Rescinds Two Policy Memos Regarding the Adjudication of Certain H-1B Petitions
USCIS issued a memo rescinding two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification. USCIS is issuing updated policy guidance in their place. The rescinded memos are: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16) ), HQ 70/6.2.8 (AD 10-24), issued [...]
USCIS Announces Resumption of Premium Processing for Certain Petitions
USCIS announced that it will resume premium processing for Form I-129 and Form I-140, with effective dates during June on which USCIS will begin accepting premium processing requests for specific applications. Effective June 22, USCIS plans to resume premium processing for all Form I-129 petitions.
**RUMOR REPORT** Presidential Proclamation Barring Entry of Certain Nonimmigrants**RUMOR REPORT**
We have been tracking certain reports that an additional Presidential Proclamation barring entry of certain nonimmigrants appears to be imminent. Here is what we know at this point. This news item is courtesy the American Immigration Lawyers Association Timing The President may be making a decision on the scope of the proclamation as [...]
Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market
I am writing to provide you with update on what started as a sensational Tweet two days ago – the plan to “suspend immigration” to the United States. We now know what the plan entails, and I am providing you with a short summary offering a bit more clarity and a way to [...]
Immigration Impact Of President Trump’s Tweet Temporarily Suspending Immigration Into The United States
Last night, President Trump tweeted: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!' This tweet has caused great anxiety among immigrants in general [...]
USCIS news release on COVID-19 Delays in Extension/Change of Status Filings
USCIS issued a news release with options for nonimmigrants who may unexpectedly remain in the U.S. beyond their authorized period of stay due to COVID-19. USCIS advises that they individuals can file EOS/COS applications, and VWP entrants can request an additional 30-day period of satisfactory departure. Read the news release. [...]
USCIS Announces FY2021 H-1B Cap-Subject Petitions May Be Filed as of April 1
USCIS announced that H-1B cap-subject petitions for FY 2021, including those petitions eligible for the advanced degree exemption,may now be filed with USCIS if based on a valid selected registration. A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration [...]
H-1B Initial Electronic Registration Selection has Commenced
The USCIS has commenced the selection of H-1B registrations. You may begin seeing selected candidates in your MyUSCIS account. As indicated in an earlier post, USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named [...]
H-1B Initial Electronic Registration Selection Process Completed
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intend to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition [...]
Can H-1Bs and other nonimmigrants apply for unemployment benefits?
As the COVID-19 crisis evolves, several businesses and employees have been impacted. Several questions arise in this context regarding status, unemployment benefits and the all-important question as to whether seeking and receiving unemployment benefits would be considered a public benefit under the public charge rule. To address the possibility that some aliens [...]
USCIS Announces Temporary Suspension of Premium Processing
U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19). Read the USCIS announcement
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
USCIS today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, they will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Non immigrant Worker, for submissions dated March 21, 2020, and beyond. USCIS already accepts various petitions, [...]