NEWS
USCIS Issues Policy Alert on Replacing Permanent Resident Cards (Form I-90)
USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using Form I-90. The effective date for this policy is January 16, 2020. Comments are due by January [...]
USCIS Notice of Implementation of H-1B Registration Process for FY2021
USCIS published a notice in the Federal Register announcing the implementation of the registration process for H-1B cap-subject petitions for FY2021. The initial H-1B petition registration period will begin on 3/1/20. USCIS intends to close the initial registration period on [...]
January 2020 Visa Bulletin
January 2020 Visa Bulletin is now available.
USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character
USCIS expanded its policy guidance regarding unlawful acts that may prevent an applicant from meeting the good moral character requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may [...]
USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season
USCIS announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the [...]
“Aliens of Extraordinary Ability” – What Do Successful Petitions Require?
“Yes, we did process your friend’s case and yes, his petition was approved. But even though you appear to have the same background, your current circumstances do not warrant a successful petition.” A recent conversation I had with a prospective [...]
December 2019 Visa Bulletin
December 2019 Visa Bulletin is now available.
USCIS Implements $10 Fee for H-1B Visa Registration
USCIS today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B [...]
USCIS Issues Policy Alert on EB-5 Modernization Final Rule
USCIS is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019. Read the policy updates.
DOL Statistics on H-1Bs from Fourth Quarter FY2019
DOL OFLC posted H-1B program statistics as of 9/30/19.
DOL Statistics on PERM from Fourth Quarter FY2019
DOL OFLC posted PERM program statistics as of 9/30/19.
USCIS Adjusting Premium Processing Fee
USCIS announced beginning on Nov. 29, it is adjusting the fee to request premium processing for certain employment-based petitions. The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant [...]
USCIS Announces E-Verify Records Disposal
USCIS announced that on January 2, 2020, it will dispose E-Verify records that are older than 10 years, or dated on or before December 31, 2009. E-Verify employers have until December 31, 2019, to download case information from the Historic [...]
November 2019 Visa Bulletin
November 2019 Visa Bulletin is now available.
BREAKING NEWS: Court Grants Injunction of Public Charge Rule and New Forms
The American Immigration Lawyers Association is reporting that: On October 11, 2019, the U.S. District Court of the Southern District of New York enjoined and restrained the Department of Homeland Security and USCIS from “enforcing, applying, or treating as effective” [...]
USCIS 30-Day Extension of Comment Period on Proposed Revisions to the Electronic H-1B Registration Tool
USCIS 30-day extension of a comment period originally announced at 84 FR 30757 on proposed revisions to the electronic H-1B registration tool. Comments are now due 11/8/19. (84 FR 54159, 10/9/19).
USCIS Releases Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs
USCIS data on receipts, completions, and RFEs from FY2015 to FY2019 (through 9/30/19) for various employment-based non-immigrant visa categories, including H-1B.
Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the U.S. Healthcare System
On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” effective at 12:01 am (ET) on 11/3/19. Immigrants must have approved health insurance coverage within 30 days of entry, or [...]
ICE Updates Policy for OPT Students – How to Determine if Employment is in a “Major Area of Study”
On September 27, 2019, Immigration and Customs Enforcement updated and provided policy guidance on how to determine whether a student’s practical training is in an area “directly related” to the student’s major area of study. This is in keeping with [...]
What to Know and How to Prepare for STEM-OPT Employer Site Visits
In a new development, DHS/Immigration Customs Enforcement (ICE) has commenced site visits to employer locations that train STEM OPT students. This program began about 12 days ago, and clients have started reporting site visits to verify STEM OPT related information. [...]