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US: February Visa Bulletin Update

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USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s February Visa Bulletin.

Employment-Based Priority Date Cut-offs for February 2017

To be eligible to file an employment-based adjustment application in February, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

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US: President Trump Suspends Entry of Foreign Nationals from Seven Countries

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President Donald J. Trump has signed an executive order that reportedly suspends the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of 90 days, or through April 27, 2017. The order also reportedly suspends a worldwide program that exempted certain visa renewal applicants from consular interviews.

Although the order has been signed and is in effect, the Administration has not yet released the final signed text. The following guidance is based on Fragomen’s analysis of a draft. The final published order may differ, and Fragomen will provide updates as necessary when it is released.

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US: President Trump Expected to Suspend Entry of Foreign Nationals from Seven Countries

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President Donald J. Trump is expected to sign an executive order that will suspend the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of 30 days, according to a published draft of the order. The executive order is also expected to suspend a worldwide program that exempted certain visa renewal applicants from consular interviews.

The executive order is expected to be issued Thursday, though it could be delayed.  The following information is based on Fragomen’s analysis of the published draft.  The final order could differ.

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US: Reminder - New Edition of Form I-9 Becomes Mandatory On January 22

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USCIS’s revised edition of the I-9 employment eligibility verification form, dated 11/14/16, will become mandatory for employers on January 22, 2017. Until that date, employers may continue to use the version dated 03/08/13.

The new edition, which was released in November, does not change the key substantive questions on Form I-9 or the list of acceptable identity and work authorization documents, but it contains some format changes that are intended to reduce completion errors when the form is filled out on a computer. 

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US: USCIS Finalizes International Entrepreneur Parole Program

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Under a new final regulation published on 17th January 2017, international entrepreneurs who have established a business in the United States, demonstrate significant U.S. funding and show that their business has substantial potential for rapid growth and job creation will be eligible to apply for up to five years of authorization to stay in the United States. The rule is slated to take effect on July 17, 2017.

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US: USCIS Job Portability Rule Takes Effect

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A new USCIS regulation intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence took effect on 17th January 2017. The new rule also establishes grace periods for non-immigrant workers before and after their employment, and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

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Panama: New Consular Visa Exemption Eliminates Exemption for EU and Schengen Visa Holders

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A new decree replaces the current Consular Visa exemption with a new one only for those holding a valid Australian, Canadian, UK or U.S. multiple-entry visa valid for at least one year from the date of entry and used at least once, for stays up to 30 days initially, renewable twice for 30 days each stay through an in-country process. The previous exemption, allowing EU or Schengen country visa holders to qualify for the exemption as well, has been eliminated.

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US: USCIS Proposes Significant Increase in EB-5 Investment Minimums and Other Program Changes

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In a proposed rule published today, U.S. Citizenship and Immigration Services is seeking to make significant changes to the EB-5 immigrant investor program, including higher investment minimums and exclusive federal authority to designate Targeted Employment Area (TEAs), the rural and high-unemployment areas that qualify for EB-5 investment at lower thresholds.

Key provisions of the proposal are summarised below.  USCIS is accepting public feedback on the rule through April 11, 2017.

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USA: February 2017 Visa Bulletin: Some Advancement in Final Action Dates for EB-2 China, EB-3 India and China

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According to the State Department’s February Visa Bulletin, immigrant visa availability dates for final action will advance by one month for EB-2 China, to November 15, 2012, while EB-2 India will remain at April 15, 2008.

The EB-3 subcategory for professionals and skilled workers will advance by three weeks for China, to October 1, 2013; one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; and two months for all other countries, to October 1, 2016. The EB-3 other worker subcategory will advance by one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; 

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US: Final International Entrepreneur Parole Regulation Moves Closer to Publication

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The Office of Management and Budget (OMB) has begun to review a final regulation that, as originally proposed, would allow up to five years of temporary stay, on a case-by-case basis, for qualifying foreign entrepreneurs who establish a U.S. start-up entity that has substantial U.S. investment and the potential for rapid growth and job creation.

The long-awaited international entrepreneur regulation was first announced in November 2014 as part of President Obama's planned executive actions to encourage innovation and support U.S. high-skill businesses and workers and was published in proposal form in August 2016.

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USA: January Visa Bulletin Update

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USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action under the State Department’s January Visa Bulletin.

Employment-Based Priority Date Cut-offs for January 2017

To be eligible to file an employment-based adjustment application in January, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

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USA: Upcoming H-1B season

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The FY 2018 H-1B cap season will begin on Monday, April 3, 2017

Though the opening day of the filing period is still several months away, it is not too early for your organisation to begin assessing H-1B needs and working with your immigration team to begin the process.

Demand for new H-1Bs reached unprecedented levels last season and is expected to remain high in the FY 2018 season. For FY 2017, USCIS received 236,000 petitions against the annual quota of 85,000.

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US: New USCIS regulation eases job portability for employer-sponsored foreign workers

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USCIS is set to publish a new regulation that is intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence.  The new rule, which takes effect on January 17, 2017, also establishes grace periods for nonimmigrant workers before and after their employment and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).

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US: USCIS releases new edition of Form I-9

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USCIS has published a revised edition of the I-9 employment eligibility verification form. The new version – dated 11/14/2016 – will become mandatory for employers on January 22, 2017.  Until that time, employers may continue to use the version dated 03/08/2013.

The new edition does not change the key substantive questions on Form I-9 or the list of acceptable identity and work authorization documents, but it contains some format changes that are intended to reduce completion errors.

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US: USCIS announces addition of St. Vincent and the Grenadines to eligible countries for the H-2A and H-2B visa programs

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USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year.

The notice listing the eligible countries was published on Oct. 26, 2016 in the Federal Register. DHS reserves the right to add countries to the eligible countries list at any time, and to remove any country at any time DHS determines that a country fails to meet the requirements for continued designation.

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US: The impact of the U.S. elections on business immigration

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Immigration is expected to be a key issue in President-Elect Donald Trump’s administration. Though he has voiced some support for skilled immigration, he has called for more vetting of foreign nationals entering the United States, curbs on foreign worker admissions and increased obligations on employers of foreign workers. 

The President-Elect’s position paper on immigration supports selecting immigrants based on merit, skills, and likelihood of success in the United States.  At the same time, he has called for immigration controls that would prioritise the hiring of U.S. workers.  He has advocated for reform of the H-1B program, though he has not yet made specific proposals.

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US: New visa update system for Chinese nationals

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Effective November 29, Chinese nationals with a B-1/B-2, B-1 or B-2 visitor visa valid for 10 years will be required to enrol in the new Electronic Visa Update System (EVUS) before travelling to the United States for business or tourism.

EVUS is a joint program established by new regulations from the U.S. Customs and Border Protection and the State Department  to maintain current information on U.S. visa holders.  Though Chinese nationals are the first group to be subject to the new requirement, the regulations give CBP broad authority to require additional classes of nonimmigrants to enrol their visas before travel to the United States.

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US: USCIS immigration filing fees to increase effective December 23

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Effective December 23, 2016, the filing fees for many USCIS petitions and applications will increase, according to a final regulation scheduled for publication in Monday’s Federal Register.

Fees for employment-based petitions and applications will rise by an average of 21%, though increases for some filings – notably, Form I-129 nonimmigrant worker petitions and EB-5 immigrant investor cases – will be significantly higher. There will be no increase in the premium processing fee.

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US: November 2016 Visa Bulletin

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November 2016 Visa Bulletin: Modest Advancements for EB-2 India and China and EB-3 All Countries; Slight Advancement for EB-5 China

According to the State Department’s November Visa Bulletin, immigrant visa availability dates for final action in all categories will advance, with the greatest advances coming in the EB-2 category final action cut-offs for India and China. EB-2 India will advance by over nine and a half months, to November 1, 2007, and EB-2 China will advance by five months, to July 15, 2012. 

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US: CBP to launch electronic visa update system for non-immigrants

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Designated classes of non-immigrant visa holders will soon be required to enrol in the new Electronic Visa Update System (EVUS) before travelling to the United States, U.S. Customs and Border Protection (CBP) has announced.

Foreign nationals travelling on a passport issued by the People’s Republic of China (PRC) and a U.S. B-1/B-2, B-1 or B-2 visitor visa valid for 10 years will be the first group required to register for travel that takes place on or after November 29, 2016.