Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social media platforms, identifiers, phone numbers and emails from visa applicants selected for “extreme vetting.” It was predicted that this would affect only 0.5% of all visa applicants – approximately 65,000 annually. As of … Continue Reading
According to the Department of Homeland Security’s Spring 2019 Regulatory Agenda, changes to business immigration are on the way, particularly with regard to H-1B visas. It is unclear, however, when these rules will actually come to fruition. Strengthening the H-1B Nonimmigrant Visa Classification Program DHS wants to redefine what constitutes a “specialty occupation” and an appropriate … Continue Reading
At the end of March 2019, the Trump Administration announced that it would release another 30,000 H-2B visas for seasonal employees for use through the end of September 2019. The annual allocation had been capped at 66,000 for the full year. In 2017 and 2018, the Administration increased the allocation by 15,000 visas. However, on … Continue Reading
President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas. Assertions set forth in the Memorandum include: For FY 2018, the Administration believes that there were 415,000 individuals in the U.S. who had overstayed on nonimmigrant … Continue Reading
Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S. House and Senate, led by Representative Zoe Lofgren (D-CA) and Senator Kamala Harris (D-CA), have again introduced … Continue Reading
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading
Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted: The new policy takes effect … Continue Reading
New restrictions on visas for citizens of China are expected as soon as June 11, 2018, according to the Associated Press. These restrictions, the report states, would target students in high-tech fields such as robotics and aviation. The changes would be part of the Trump Administration’s national security strategy to protect American’s intellectual property and … Continue Reading
The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected … Continue Reading
Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal. Visa applicants would be required to submit five years of social media handles on specific platforms and five years of phone numbers and email … Continue Reading
The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must be signed by the entity that has a bona fide employment relationship with the student and the bona fide employer must … Continue Reading
On April 6, 2018, USCIS announced that it reached the 65,000 H-1B visa cap for FY 2019, including the 20,000 U.S. advanced degree exemption known as the “master’s cap.” Every year since 2014, the cap has been reached during the first week of April. Once again, a lottery will be conducted and cases that are … Continue Reading
USCIS and CPB at the Blaine, Washington, Port of Entry (POE) have formally announced that from April 30, 2018, until October 31, 2018, the agencies jointly will implement a pilot program for Canadian citizens seeking entry in L status pursuant to NAFTA. L-1 admission is for intracompany transfers into the U.S. of managers, executives, and … Continue Reading
According to CBP personnel, a pilot program is being developed that would eliminate “instant” border adjudications of L-1 NAFTA applications. The pilot program is expected to be introduced at the Blaine, Washington port of entry. At this time, processes and procedures are still under review and consideration but it appears that the current CBP border … Continue Reading
For immigration attorneys and employers of foreign nationals alike, the frenzy of the spring H-1B Cap season is right around the corner. Now is the time to start preparations for the April filing deadline. Each year, 85,000 new H-1B work visas become available for high-skilled workers seeking employment in an “H-1B specialty occupation.” Many more … Continue Reading
Reports about the possible elimination of AC-21 extensions (for H-1B workers awaiting green cards) are now being denied by the government. The USCIS is attempting to quell fears caused by rumors that the Administration would eliminate H extensions beyond the six-year limit for certain individuals unable to file the last step in permanent residency, adjustment … Continue Reading
All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously approved petition even when the key elements of the petition have remained unchanged. This will affect most nonimmigrant … Continue Reading
As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both visa fraud and potential discrimination against U.S. workers. The partnership between the two agencies is based upon a Memorandum of Understanding (MOU) … Continue Reading
The Department of State has quietly revised guidance to Consular Officers on the “30/60 Day Rule” regarding adjustment of status applications. The Rule sets standards for determining whether an alien would be inadmissible for inconsistent conduct. It provides: If an alien engaged in inconsistent conduct within 30 days of an entry, a willful misrepresentation could … Continue Reading
The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the numerical limitations placed on H-2B temporary seasonal visas, the elimination of this J-1 Summer Work-Travel Program would particularly affect the … Continue Reading
The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23, 2017.” This is the most recent volley in the diplomatic back-and-forth that started with the reports of possible Russian … Continue Reading
While unusual, the government has suspended expedited or premium processing for H-1B cases from time to time. In years past, in response to the filing of Cap cases, the start of the 15-day adjudication clock was delayed. There also have been suspensions in other situations when the USCIS anticipated increased caseloads, such as when EADs … Continue Reading
Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted investigations and individual official’s judgment in carrying out the purposes of the E.O. The E.O. directs the agencies to “propose new rules and issue new … Continue Reading
An additional 15,000 H-2B visas will be released in response to industry demand. The USCIS will begin accepting petitions on July 19, 2017, for the fiscal year which ends on September 30, 2017. Petitions will be accepted until the 15,000 visas run out or until September 15, 2017, whichever comes first. This is only a … Continue Reading
