Between March 10 and March 17, 2017, Secretary of State Rex Tillerson issued four diplomatic cables to U.S. consular posts instructing consular officials to broadly increase scrutiny of visa applicants. The cables provide more specific guidance to consular staff regarding implementing President Trump's "extreme vetting" measures for non-citizens entering the United States.
Read MoreDepartment of State April 2017 Visa Bulletin Summary
The Department of State has released the April 2017 Visa Bulletin. D&S provides a Monthly Summary of the family and employment-based priority dates. For the employment-based preference categories, Application Filing dates remain unchanged.
EB-2 India and EB-3 India remain unchanged at June 1, 2008 and March 22, 2005 respectively. EB-2 China, progressed 1 month to January 15, 2013 and EB-3 China progressed 5 months to August 15, 2014.
Final Action dates for EB-3 Worldwide and EB-3 Mexico progressed 2.5 months to February 15, 2017 and EB-3 Philippines progressed just under 6 months to September 15, 2012.
EB-5 China Final Action dates progressed 3 weeks to May 22, 2014
As of today, March 13, 2017, USCIS has not advised whether, in April 2017, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
D&S Immigration Update Regarding Trump Administration's Revised Executive Order: "Protecting the Nation from Foreign Terrorist Entry into the United States"
President Trump has issued a revised version of his judicially-suspended January 27, 2017 Executive Order (EO) titled "Protecting the Nation from Foreign Terrorist Entry into the United States". The newly-issued order revokes the earlier EO and will go into effect at 12:01 am on March 16, 2017. Among other changes, the new Order removes Iraq from the list of banned countries and expressly exempts from the 90-day ban visa holders, those lawfully present in the U.S., and lawful permanent residents from the six (6) designated countries. Additionally, in an apparent effort to avoid the widespread confusion and implementation difficulties faced following the issuance of the previous order, the new version is accompanied by a fact sheet and a Q&A provided by the Department of Homeland Security (DHS).
Read MoreUSCIS Announces Temporary Suspension of Premium Processing for All H-1B Petitions Filed On or After April 3, 2017
Today the United States Citizenship and Immigration Service (USCIS) issued a statement confirming that the agency will be temporarily suspending premium processing service for all H-1B nonimmigrant visa petitions filed on or after April 3, 2017 and has indicated that the temporary suspension may last up to six (6) months. The agency confirmed that this will apply to all H-1B petitions, including those filed under both the regular and master's cap and those that are cap-exempt.
USCIS indicated that while H-1B premium processing is suspended it will not accept Forms I-907, Request for Premium Processing Service filed with an H-1B petition. USCIS also confirmed that they will reject the entire H-1B petition for cases where the premium processing fee is combined in one check with the standard Form I-129 filing fees. Therefore, individuals submitting H-1B petitions should not file any cases with a request for premium processing and should issue separate checks for each filing fee in order to avoid any issues with rejection of the petition.
USCIS has indicated that it has temporarily suspended premium processing service in order to reduce overall H-1B processing times, including long-pending cases and unadjudicated H-1B extension requests that are approaching 240 days since filing (after which the beneficiary would lose their automatic extension of employment authorization until the new petition is approved). The agency confirmed that it will notify the public before resuming premium processing for H-1B petitions.
D&S is continuing to monitor this developing situation and will provide updates as they become available.
D&S Immigration Update: DHS Issues Implementing Memoranda In Response to Immigration Executive Orders
In late January 2017, President Donald J. Trump issued a series of Executive Orders (EOs) dealing with immigration and border security. In response to these EOs, this week, the Department of Homeland Security (DHS) has issued several Implementation Memoranda and Fact Sheets to provide additional clarity on how they will implement the President’s directives.
Read MoreDepartment of State March 2017 Visa Bulletin Summary
The Department of State has released the March 2017 Visa Bulletin. D&S provides a Monthly Summary of the family and employment-based priority dates. For the employment-based preference categories, Application Filing dates remain unchanged.
EB-3 India remains unchanged at March 22, 2005 and EB-2 India progressed 1.5 months to June 1, 2008. EB-2 China, progressed 1 month to December 15, 2012 and EB-3 China progressed 5.5 months to March 15, 2014.
Final Action dates for EB-3 Worldwide and EB-3 Mexico progressed 2 months to December 1, 2016 and EB-3 Philippines progressed just under 5 months to March 15, 2012.
EB-5 China Final Action dates progressed 2 weeks to May 1, 2014
As of today, February 14, 2017, USCIS has not advised whether, in March 2017, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
D&S Immigration Update Regarding Trump Administration's Executive Order: "Protecting the Nation from Foreign Terrorist Entry Into the United States."
On Friday, January 27, 2017 President Trump signed an Executive Order relating to visa issuance, screening procedures, and the admission of refugees. The Executive Order is titled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Among other immigration restrictions, Section 3 of the Executive Order, "suspends" the immigrant and nonimmigrant entry of nationals from certain designated countries for 90 days from the date of the order. The list of designated countries includes Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. It is important to note that travel will not be automatically reinstated after the 90 day period. Instead, The Department of Homeland Security (DHS) will be required to report compliance from each of the countries in providing the information "needed … to determine that the individual seeking [entry to the U.S.] is who the individual claims to be and is not a security or public-safety threat." If DHS reports noncompliance, the country would have an additional 60 days to comply, or the travel ban would become indefinite.
Read MoreDHS Releases Final Rule Regarding Parole For Startup Entrepreneurs
This week the Department of Homeland Security (DHS) published a final regulation providing the Department the discretionary authority to grant parole to entrepreneurs of startup entities in order to increase and enhance entrepreneurship, innovation, and job creation in the United States.
The final rule adds new regulatory provisions which permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, with respect to their startup entity, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.
Read MoreDHS Announces New Proposed Rule on EB-5 Modernization That Would Significantly Increase the Minimum Investment Amounts
Today the Department of Homeland Security (DHS) released an advance copy of their Notice of Proposed Rulemaking entitled “EB-5 Immigrant Investor Program Modernization.” The proposed regulation looks to make several significant changes to the EB-5 program, most notably a significant increase in the minimum investment amounts. The principal proposed changes would impact both regional center and direct investments.
Read MoreDepartment of State February 2017 Visa Bulletin Summary
The Department of State has released the February 2017 Visa Bulletin. D&S provides a Monthly Summary of the family and employment-based priority dates. For the employment-based preference categories, Application Filing dates remain unchanged.
EB-3 India advanced 1 week to March 22, 2005 and EB-2 India remains unchanged at April 15, 2008. EB-2 China, progressed 1 month to November 15, 2012 and EB-3 China progressed 3 weeks to October 1, 2013.
Final Action dates for EB-3 Worldwide and EB-3 Mexico progressed 2 months to October 1, 2016 and EB-3 Philippines progressed just under 3 months to October 15, 2011.
EB-5 China Final Action dates progressed 1 week to April 15, 2014
As of today, January 12, 2017, USCIS has not advised whether, in February 2017, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
DHS Releases Notice of Possible Regulatory Updates to EB-5 Regional Center Program
Today the U.S. Department of Homeland Security (DHS) published an early notice of possible regulatory changes to the EB-5 regional center program, seeking public comment on proposed updates to regional center monitoring, reporting, and termination. The rule is entitled, “Improvement of the Employment Creation Immigrant Regulations.”
Read MoreDepartment of State January 2017 Visa Bulletin Summary
The Department of State has released the January 2017 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. For the employment-based preference categories, Application Filing dates remained unchanged.
EB-3 India remained unchanged at March 15, 2005 and EB-2 India saw moderate forward movement of 2.5 months to April 15, 2008. EB-2 China, progressed 3 weeks to October 15, 2012 and EB-3 China progressed 9 weeks to September 8, 2013.
Final Action dates for EB-3 Worldwide and EB-3 Mexico progressed 1 month to August 1, 2016 and EB-3 Philippines progressed just under 2 months to July 22, 2011.
EB-5 China Final Action dates progressed 2 weeks to April 8, 2014
As of today, December 13, 2016, USCIS has not advised whether, in January 2017, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
D&S Immigration Update: DHS Releases Final Rule Regarding Retention of Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
The U.S. Department of Homeland Security (DHS) released published final rule today, November 18, 2016, which aims to improve the ability of U.S. employers to hire and retain high-skilled workers who are beneficiaries of approved I-140 employment-based immigrant visa petitions and are waiting to become lawful permanent residents, while increasing the ability of those workers to seek promotions, accept lateral positions with current employers, change employers, or pursue other employment options.
Read MoreDepartment of State December 2016 Visa Bulletin Summary
The Department of State has released the December 2016 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. For the employment-based preference categories, Application Filing dates remained unchanged.
For EB-3 India, there was modest forward movement of one week to March 15, 2005. EB-2 India there was forward movement of almost 3 months to February 1, 2008. EB-2 China, progressed just over 2 months to September 22, 2012 and EB-3 China progressed 2.5 months to July 1, 2013.
Final Action dates for EB-3 Worldwide and EB-3 Mexico remain unchanged and EB-3 Philippines progressed 4 months to June 1, 2011.
EB-5 China Final Action dates progressed 2 weeks to March 22, 2014
As of today, November 14, 2016, USCIS has not advised whether, in December 2016, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
"I-140 EAD Rule" Submitted to OMB For Final Review
This week the Department of Homeland Security (DHS) submitted The Proposed Rule for Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Nonimmigrant Workers, (frequently referred to as the "I-140-EAD Rule") to the Office of Management and Budget (OMB) for final review prior to publication.
The Proposed Rule was published at the end of 2015 and the public comment period lasted for the first 2 months of 2016. Since that time DHS been reviewing the public comments that were submitted in response to the proposed rule. The OMB review process is expected to take 30-60 days and, upon completion, a final rule will be published and would be expected to take effect after 60 days from publication. At present DHS has not indicated whether any significant changes have been made to the rule in response to public comments to the Proposed Rule.
D&S will continue to monitor developments and provide updates as they become available.
DEPARTMENT OF HOMELAND SECURITY PUBLISHES FINAL RULE WITH REVISED FILING FEE SCHEDULE
Today, Monday October 24, 2016, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register with the new fee schedule for immigration and naturalization benefit requests processed by the United States Citizenship and Immigration Service (USCIS). DHS increased fees by a weighted average of 21 percent. The Rule will become effective 60 days from today on Friday, December 23, 2016. D&S has made a Fee Schedule Comparison Chart for the most common types of business immigration filings.
Department of State November 2016 Visa Bulletin Summary
The Department of State released the November 2016 Visa Bulletin this week. D&S provides a Monthly Summary of the family and employment-based priority dates. For the employment-based preference categories, Application Filing dates remained unchanged.
For EB-3 India, there was modest forward movement of one week to March 8, 2005. EB-2 India there was forward movement of almost 10 months to November 1, 2007. EB-2 China, progressed 5 months to July 15, 2012 and EB-3 China progressed 3 months to April 15, 2013.
Final Action dates for EB-3 Worldwide and EB-3 Mexico progressed 1 month to July 1, 2016 and EB-3 Philippines progressed 4 months to April 1, 2011.
EB-5 China Final Action dates progressed 2 weeks to March 8, 2014
As of today, October 13, 2016, USCIS has not advised whether, in November 2016, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.
FY2018 Diversity Visa Lottery Opens at 12 noon (EDT) On Tuesday, October 4, 2016
WHAT'S HAPPENING
The Fiscal Year 2018 Diversity Visa lottery (DV-2018), which makes 50,000 green card numbers available each year to nationals of countries among six different geographic regions with low rates of immigration to the U.S., will be open for entries beginning noon Eastern Daylight Time (EDT) on October 4, 2016, and will close for entries at noon Eastern Standard Time (EST) on November 7, 2016. Eligible individuals who wish to participate in the program must apply in advance of the November 7, 2016 deadline and are encouraged to do as close to October 4, 2016 as possible as heavy demand may result in website delays. No late entries or paper entries will be accepted.
Read MoreReminders to Students and Employers as H-1B Cap Effective Date Approaches on October 1
As October 1st is fast-approaching, individuals with H-1B petitions that were selected in this year’s H-1B cap and employers of H-1B visa holders should remain aware of some important facts:
CAP-GAP EXTENSIONS END ON SEPTEMBER 30th - For those whose H-1B is still pending and who are relying on the automatic cap-gap for F-1 students, keep in mind that that your cap-gap employment authorization ends on September 30th, even if the H-1B remains pending after this date. Therefore, employees whose H-1B visas are not approved by October 1st will have to stop working and be removed from payroll. Because of this, we recommend considering upgrading to premium processing as soon as possible in order to avoid this consequence or, at the very least, minimize the amount of time you or your employee will be unable to work.
VALID H-1B VISA STAMP REQUIRED FOR REENTRY TO U.S. - While an H-1B employee is not required to have a valid H-1B visa in his or her passport for purposes of employment, they must have a valid H-1B visa stamp for entry or reentry to the U.S. Therefore, following approval of the H-1B petition, an H-1B employee should be mindful of the fact that they will be required to apply for an H-1B visa stamp prior to returning to the U.S. the next time they travel internationally, absent certain limited exceptions, including trips of under 30 days to Canada, Mexico, or adjacent islands (note individuals should vet any such travel with immigration counsel prior to making travel plans to ensure an exception applies in their case).
I-9 REVERIFICATION MAY BE REQUIRED - Employers should also keep in mind that for current employees with an approved H-1B “Change of Status” petition, whose current status will expire on October 1, including all F-1 students working pursuant to cap-gap employment authorization, the individual’s employment authorization will need to re-verified on Form I-9.
ALWAYS ADVISE IMMIGRATION ATTORNEY OF ANY CHANGES TO H-1B EMPLOYMENT - Finally, employers and employees should be aware that certain changes to the terms of an H-1B visa holder’s employment could impact their continued eligibility for H-1B status and/or could necessitate the filing of an H-1B amendment. Employers are therefore encouraged to speak to immigration counsel prior to making any changes to the terms of an H-1B visa holder’s employment to ensure compliance with these requirements.
Department of State October 2016 Visa Bulletin Summary
The Department of State recently released the October 2016 Visa Bulletin, which marks the beginning of the new immigration fiscal year. D&S provides a Monthly Summary of the family and employment-based priority dates. Application Filing Dates for EB-2 and EB-3 Worldwide are now current. Additionally, Application Filing Dates for China retrogressed in both the EB-2 and EB-3 categories with EB-2 China retrogressing 3 months to March 1, 2013 and EB-3 China retrogressing 1 year to May 1, 2014. There was modest retrogression of just over 8 weeks for EB-2 India, which is now at April 22, 2009. EB-3 India remains unchanged at July 1, 2005. EB-5 China has retrogressed almost 1 year to June 15, 2014.
With respect to Final Action Dates, EB-2 Worldwide, Mexico, and Philippines have again become current. There was also forward movement for EB-2 India which progressed almost 2 years to January 15, 2007. EB-3 India retrogressed 2 weeks to February 15, 2005. There was significant movement in both Chinese employment-based categories with EB-2 China progressing over 2 years to February 15, 2012, and EB-3 China progressing over 3 years years to January 22, 2013. Additionally, EB-1 China has again become current.
Final Action dates for EB-3 Worldwide progressed 2 weeks to June 1, 2016, EB-3 Mexico progressed 1 month to June 1, 2016, and EB-3 Philippines progressed 5 months to December 10, 2010.
EB-5 China Final Action Date progressed 1 week to February 22, 2014.
As of today, September 12, 2016, USCIS has not advised whether, in October 2016, it will accept adjustment of status applications for family and employment-based petitions based on final action dates or application filing dates.