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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: 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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Belarus: New Visa Exemption Created for Business Visitors

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On or after February 12, 2017, nationals of 80 countries – including all EU Member States, the United States, Brazil, Indonesia and others – will be eligible for a visa-free business and tourist stay up to five days if they enter through the Minsk National Airport.

Required Documentation for Entry

Eligible entrants must present the below documents to enter under the exemption:

  • A valid passport or other valid travel document;

  • Proof of at least EUR 25 (or equal amount in dollars or Belarusian rubles) for each day of stay;

  • Proof of medical insurance with coverage of at least EUR 10,000 in Belarus.

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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; 

Israel / US: Investor Visa For U.S. Citizens Forthcoming

American investors will soon be eligible for a new B-5 investor visa, following Israel’s acceptance of the terms of the U.S. E-2 visa regulations. Israeli government officials have advised that B-5 visa regulations and procedures should be published by March 2017. The regulations are expected to have terms and conditions reciprocal to the U.S. E-2 visa.

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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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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 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: USCIS updates October Visa Bulletin

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U.S. Citizenship & Immigration Services (USCIS) has updated its October Visa Bulletin after a continuing resolution was signed into law late last week, extending the EB-5 Regional Center Program – which was set to expire on September 30, 2016 – through December 9, 2016.  As announced on the agency’s updated Adjustment of Status Visa Bulletin page, in October, it will only accept adjustment applications from beneficiaries of the EB-5 Regional and Non-Regional Programs whose priority date is current for final action under the State Department's October Visa Bulletin.  Under both EB-5 programs, the final action cutoff date for China will advance by one week to February 22, 2014, while remaining current for all other countries. 

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US: USCIS to propose temporary parole programme for entrepreneurs

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The federal Office of Management and Budget (OMB) has cleared a USCIS proposal to create a program that would provide temporary parole, on a case-by-case basis, to certain foreign investors, researchers and entrepreneurs who will establish a start-up entity in the United States.

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US: Visa appointment backlogs at U.S. consulates in India

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U.S. consulates in India are experiencing significant backlogs in non-immigrant visa appointments for H, L and other employment-based non-immigrant visas.

Foreign nationals seeking a non-immigrant visa are facing wait times of 75 to more than 115 days to secure an appointment  in Chennai, Hyderabad, Mumbai and New Delhi. The delays do not affect B-1/B-2 visitor visas or F-1 student visas.

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US: Justice Department proposes to expand employer liability for immigration-related discrimination claims

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The Justice Department has proposed a regulation that seeks to enhance its ability to enforce federal immigration-related anti-discrimination laws, with significant potential impact to employers. If implemented, the rule would increase employers’ exposure to discrimination claims.

US: September Visa Bulletin

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 according to the State Department’s September Visa Bulletin.

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USA: Deadline to apply for an additional 7 months of STEM OPT is August 8

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The filing window for requesting a 7-month extension of STEM Optional Practical Training (OPT) will close on August 8, 2016.

All requests received by United States Citizenship & Immigration Services (USCIS) after August 8, 2016 will be rejected.