On May 4 (Happy Star Wars Day!) USCIS released a declaration that the Service is finalizing a policy that will temporarily suspend biometrics submission requirements for individuals filing Form I-539 (H4, L2, etc.). This policy is expected to begin May 17, 2021 and last for 2 years. This would only affect newly filed cases. If… Continue reading End of Biometrics for Dependent Cases?
As everyone is aware, late on June 22, the President issued a new proclamation suspending the entry for certain foreign nationals seeking to enter the U.S. on H-1B, H-2B, J-1, and L-1 visas (and applicable dependents such as H-4 and L-2). While we do not believe that this proclamation will have the intended effect of… Continue reading Presidential Proclamation RE: H-1B, H-2B, J-1, and L-1 Visas
In a recent stakeholder message, a copy of which can be found here, USCIS has confirmed that the COVID-19 pandemic will cause delays in data entry and notice generation for CAP cases. Even though cases could be filed starting April 1, 2020, USCIS does not expect to be able to get notices out for cases… Continue reading Delays to H-1B CAP Notices due to COVID-19
On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020. Employers may continue using the prior version of the… Continue reading New Form I-9
At a recent stakeholder phone conference, USCIS has confirmed that because of the new version of Form I-539 and the addition of the bio-metric appointment for dependent applications, USCIS will no longer offer premium processing as a courtesy to these types of applications. Even when filed concurrently. This is a huge hit for anyone on… Continue reading Expect H-4 Processing Delays
On February 20, 2019, USCIS again submitted to The Office of Management and Budget their proposal for “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.” This rule proposal was also published in the Fall 2018, Spring 2018 and Fall 2017 reports. The current administration has been maligning the H4 EAD… Continue reading End of the H4 EAD?
On August 9, 2018, USCIS again changed the way that unlawful presence is calculated for F, M and J students but for the better! See the new memo here. For purposes of counting unlawful presence, a timely reinstatement application for F or M status is one where the student has not been out of status… Continue reading Clarification on the Accrual of Unlawful Presence for F-1 Students
DHS has release its Agency Rule List for Spring 2018. In this release the current administration outlined their rule change wish list, which includes: 1. Scrapping the H1b lottery. Possibly requiring preregistration for H1b’s. 2. Revisions to H1b definitions for specialty occupation. We’ve already seen some Officers use narrower interpretations than what we believe the… Continue reading Possible Upcoming Rule Changes to be on the Lookout For
Good AILA report on the steps being taken to limit and frustrate legal immigration. Invisible wall
Beginning April 30, 2018, U.S. Customs and Border Protection (CBP) will no longer adjudicate L-1 intracompany transferee petitions for Canadian citizens at the Blaine, Washington ports of entry. Canadians seeking L-1 status who wish to enter the United States through Blaine must first file their petitions with the USCIS California Service Center for processing. This… Continue reading Canadian L-1 Applicants at Blaine, Washington Ports of Entry
As if they needed to make it any more clear that USCIS is taking a more combative stance against any benefits sought, USCIS has updated its mission statement. The old mission statement was: “USCIS secures America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship… Continue reading USCIS Has a New Mission Statement