NEWS
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. [...]
OFLC Announces Schedule for Electronic Filing of LCAs in the FLAG System
Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E. However, the FLAG System will not permit the submission of [...]
The U.S. is Open for Business – The EB-1A for “Highly Paid, Most Qualified” Candidates
Our latest blog post: When the Executive Order now known as “Buy American and Hire American” was issued in April of 2017, the reaction among businesses and employment based immigrants was one of distress and a sense of hopelessness. [...]
USCIS Releases Report on F-1 Students Obtaining Another Non-immigrant Classification
USCIS reports data on F-1 students obtaining another non-immigrant status from FY 2008 and 2018. About 84 percent in this 11-year period were beneficiaries of H-1B visa classification, 6 percent were beneficiaries of other employment-based petitions, and 10 percent obtained [...]
USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship
USCIS issued policy guidance to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of U.S. armed forces outside the United States. This policy is effective [...]
USCIS advises Employers Should Continue Using Current Form I-9 Even After Expiration
USCIS advises, until further notice, employers should continue using the Form I-9 currently available on I-9 Central, even after the expiration date of August 31 has passed. USCIS will provide updated information about the new version of the form as [...]
EB-3 Categories Made Immediately Unavailable Through End of FY2019 And Other Important Updates
We have been informed by the American Immigration Lawyers Association (AILA), that following a review of the dates listed in the September 2019 Visa Bulletin, the entire EB-3 category has immediately been made "unavailable” for the remainder of FY2019. This [...]
USCIS Returns Unselected FY2020 H-1B Cap-Subject Petitions
USCIS announced that it has returned all FY2020 H-1B cap-subject petitions that were not selected in the lottery. Petitioners who haven’t received a receipt notice or a returned petition for a cap-subject H-1B petition by August 29, 2019, should contact [...]
USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law
The U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely [...]
USCIS will publish a final rule on July 24 bringing significant changes EB-5 Program
USCIS will publish a final rule on July 24 that makes a number of significant changes to its EB-5 Immigrant Investor Program, marking the first significant revision of the program’s regulations since 1993. The final rule will become effective [...]
USCIS Announces Plan to Improve the Naturalization Test
USCIS is revising the current naturalization test with improvements to ensure it continues to serve as an accurate measure of a naturalization applicant’s civics knowledge and that it reflects best practices in adult education assessments. The former USCIS director signed [...]
USCIS discontinues courtesy premium processing for concurrently filed H4/L2 applicants
We have been informed that due to the new biometrics requirement for all I‑539 applicants, USCIS has discontinued its prior practice of providing premium processing as a courtesy for I‑539s filed concurrently with an I‑129 petition. We believe this could [...]
RFEs, RFEs and Still more RFEs – The Continuing Assault on the H-1B Program
It was obvious, panic and frustration had gripped my client. She blurted out, “they’re killing it, aren’t they?” She was referring to a memo that had just been issued by the USCIS, but it almost sounded like she was referring [...]
House Passes Fairness for High-Skilled Immigrants Act H.R. 1044
On 7/10/19, the House passed H.R. 1044 by a vote of 365 to 65. If enacted, the bill would eliminate the per-country numerical limitation for employment-based immigrants and increase the per-country numerical limitation for family-sponsored immigrants from 7 percent to [...]
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to the Electronic H-1B Registration Tool
USCIS 60-day notice and request for comments on proposed revisions to the electronic H-1B Registration Tool. Comments are due 8/26/19. Federal Register Notice
USCIS Releases Naturalization Fact Sheet for FY2018
USCIS released a fact sheet on naturalization including information about the naturalization process and naturalization statistics for FY2018.
USCIS Expands FIRST: A Fully Digital FOIA System
USCIS is announcing the expansion of its digital Freedom of Information Act (FOIA) Immigration Records System (FIRST). FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally. This [...]
USCIS Releases Report on H-1B Approvals and Denials for Top 30 Employers for FY2018
USCIS released a report on H-1B approvals and denials for the top 30 employers with the most initial and continuing approvals for FY2018. The report also includes data on the percentage of completions with RFEs from FY2015 to the first [...]
USCIS Releases Data on H-1B Receipts, Completions, and RFEs
USCIS releases data on H-1B receipts, completions, and RFE from FY2015 to FY2019 (through 3/31/19).
USCIS Will Begin Premium Processing for Remaining H-1B Cap-Subject Petitions on June 10, 2019
USCIS will begin premium processing for all remaining FY2020 H-1B cap-subject petitions on 6/10/19. Petitioners may file a Request for Premium Processing Service, with the USCIS service center processing their petition on that date. USCIS will not use pre-paid mailers [...]