Insight, News, and Strategy on Immigration Matters Around the World
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…
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 …
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…
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…
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…
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 …
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) …
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:
…
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 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…
