NEWS
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 [...]
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. [...]
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 [...]