NEWS
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, [...]
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 [...]
USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny
USCIS has posted a policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial [...]
USCIS Redesigns Citizenship and Naturalization Certificates
High-Tech Features Create More Secure Documents USCIS began issuing redesigned Certificates of Citizenship and Naturalization. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. The [...]
USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark
AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than [...]
USCIS Expands Online Filing to allow Replacement Naturalization Certificate and Naturalization Hearing
USCIS has announced that Form N-565, Application for Replacement of Naturalization/Citizenship Document, and Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), can be filed online. Applicants use Form N-565 to [...]
USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud
USCIS and the Department of Justice announced a Memorandum of Understanding (MOU) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the [...]
USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors
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 [...]
USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions
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, [...]
Policy changes by the Trump Administration are slowing and restricting legal immigration
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
Extending OPT beyond the initial period and When to Apply for STEM OPT
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 [...]
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
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 [...]
New E-Verify.gov Website a User-Friendly Source to Verify Employment Eligibility
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, [...]
FY 2019 H-1B CAP Reached
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. [...]
Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days
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 [...]
Policy Memorandum Issues Prohibition on Multiple H-1B filings by Related Entities
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 [...]
USCIS Updates Webpage to Share More Accurate Processing Times
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. [...]
USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. [...]
Members of Congress Write to USCIS to Preserve H-4 EAD Program
Kidambi & Associates applauds the effort by Congress H4 EAD alive!
USCIS Strengthens Protections to Combat H-1B Abuses Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions
The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may [...]