USCIS today issued notification that it will delay implementation of the NTA Policy memo of June 28, 2018 (which I discussed in my previous post) until they get more operational guidance. This is good news and hopefully, they will consider the full ramifications of such a policy before going forward.
June 28 Memo titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” (“NTA Policy Memo”) Date effective – Immediate (the agencies have 30 days to resolve how they will implement it). On June 28, 2018, USCIS issued the NTA Policy memo. This… Read more »
Recently, the Trump administration has made the decision to rescind the DACA program as of March 5, 2018. This gives Congress 6 months to work out a deal and pass a law that will protect the Dreamers permanently. After March 5, 2018, if no action is taken by Congress, the Dreamers will lose their DACA… Read more »
U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing today for all H-1B visa petitions subject to the FY2018 cap. This includes those petitions which are under the Master’s cap also. In addition to this, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well… Read more »
USCIS announced this morning that it will resume Premium Processing for H1B petitions that are filed by Cap-Exempt employers, i.e. * An institution of higher education; * A nonprofit related to or affiliated with an institution of higher education; or * A nonprofit research or governmental research organization. Previously, USCIS had resumed Premium Processing on June… Read more »
President Donald Trump has issued a new Executive Order today (which revokes the previous Executive Order issued on January 27, 2017) suspending travel of foreign nationals from 6 countries for a period of 90 days. This Executive Order goes into effect at 12.01 AM EST on March 16, 2017. Who Does this EO apply to?… Read more »
Please note that USCIS announced on Friday, March 3rd that it will suspend Premium Processing for all H1B petitions filed on or after April 3rd, 2017. This is expected to last about 6 months. This will include all new H1B petitions filed towards the H1B cap for fiscal year 2018. USCIS has stated that this will enable them to move… Read more »
USCIS published new filing fees in the Federal Register on 10/24/2016. All petitions which are mailed, postmarked or filed on or after December 23, 2016 must include the new fees. The table below lists the new fees for some of the more popular petitions. If you have been waiting to file a petition, please contact… Read more »
USCIS is asking those with DACA EADs issued after February 16, 2015 for a 3-year period to return those EADs to them so they can issue a corrected 2-year EAD to those applicants. Those EADs were issued erroneously and are no longer valid. You must obtain a corrected EAD from USCIS. Please contact our office… Read more »
On July 21, 2015, USCIS issued final guidance to employers on when a new or amended H1B petition must be filed following the AAO’s decision in the Matter of Simeio Solutions, LLC. In its statement, USCIS has described various scenarios where an H1B amendment must be filed. The most important change is that after August… Read more »
Based on the recent AAO decision in the Matter of Simeio Solutions LLC, USCIS has posted guidance on when H1B amendments are required. Any time an employee is moved to a new work location outside the current MSA, an amended LCA is required to be filed along with an H1B amendment. The employee can commence… Read more »
USCIS will begin accepting applications for EADs from eligible H4 visa holders today. As part of the Executive Action in November, President Obama announced that certain H4 visa holders would be eligible to apply for Employment Authorization. In order to be able to file, the H1B spouse must either have an approved I-140 petition or… Read more »
