USA

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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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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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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: 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 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: FY 2018 Diversity Visa lottery registration opens October 4

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The State Department will begin accepting online registrations for the Fiscal Year (FY) 2018 Diversity Visa (DV) lottery starting Tuesday, October 4, 2016 at noon EDT.

Foreign nationals who wish to enter the lottery have until Monday, November 7, 2016 at noon EST to file online.

The DV lottery program makes 50,000 green card numbers available each year through random selection. FY 2018 lottery results will be announced in May 2017. Foreign nationals selected in the FY 2018 lottery can submit their green card applications starting on October 1, 2017.

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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.

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US: August 2016 Visa Bulletin

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According to the State Department’s August Visa Bulletin, cut-off dates for final issuance of an immigrant visa will be imposed for EB-1 India and China and for EB-2 Worldwide, as projected last month.  The cut-off dates for EB-1 India and China have been set at January 1, 2010, while the cut-off dates for EB-2 Worldwide have been set at February 1, 2014. According to the State Department, it was necessary to implement this retrogression given the high demand for classification in these categories.  It anticipates that these categories will be current again in October, the first month of fiscal year 2017.

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US: FY 2016 H-2B cap is reached

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The FY 2016 quota for H-2B non-immigrants was reached on May 12, 2016, USCIS has announced.

USCIS will reject any new H-2B petitions that request any employment start date before October 1, 2016 and were received after May 12, 2016, but will continue to accept H-2B petitions that are exempt from the cap.