U.S. Citizenship and Immigration Services (USCIS) said that effective February 8, 2019, the agency has begun accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions. USCIS noted that a consultation letter from a U.S. labor organization is generally required for petitions in the P visa… Read more »
U.S. Citizenship and Immigration Services (USCIS) announced on February 11, 2019, that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A. The revised and new forms will be required for filings on and after March 11, 2019. Form I-539 is used for a variety of application types,… Read more »
The Department of Homeland Security has published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption and… Read more »
The U.S. Citizenship and Immigration Services has just announced that it will resume premium processing for H-1B cap petitions for fiscal year 2019 on Monday, January 28. In August 2018, USCIS announced that it would suspend premium processing of cap-subject H-1B petitions until February 2019, due to steadily increasing processing times and the high number… Read more »
U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019. For 2019, the agencies have agreed to: Add Mozambique and Samoa to the… Read more »
U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum revising interview waiver guidance for Form I-751, Petition to Remove Conditions on Residence. The guidance applies to all USCIS officers adjudicating Forms I-751, and supersedes previous guidance issued in 2005. The memo explains that in general, officers must interview a conditional permanent resident who… Read more »
Alliance of Business Immigration Lawyers (ABIL) attorneys recommend that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for fiscal year (FY) 2020 cap-subject H-1B visas. Annual demand typically far outstrips availability, so the visas are snapped up immediately. ABIL… Read more »
The Department of State’s Visa Bulletin for January 2019 shows significant progress in the EB-1 category for all chargeability areas, as well as in the EB-3 and Other Workers India categories. Other priority dates remain Current or backlogged with little to no movement. Continuing its policy since the September 2018 Visa Bulletin, U.S. Citizenship and… Read more »
EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center… Read more »
The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues unabated. Several departments have issued related announcements about the specifics of which immigration services have closed and which remain open, summarized below in alphabetical order: Department of Labor. DOL’s announcement refers people to its extensive contingency plan. Department of… Read more »
Our team is eager to help your organization navigate the complexities of immigration law & relieve any visa processing frustrations that you are experiencing.
