USCIS

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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: 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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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: 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 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: 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.

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.

United States: July visa bulletin update: USCIS to honor employment-based final action dates only next month

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 July Visa Bulletin. 

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United States: July 2016 visa bulletin: Modest advancement in EB-2 and EB-3 India while China largely holds steady to June dates

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According to the State Department’s July Visa Bulletin, there will be modest advancement in the cutoff dates for final issuance of an immigrant visa for EB-2 and EB-3 India next month, while these cutoff dates for China will remain largely unchanged, as projected last month.

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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.

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US: June 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 according to the State Department’s June Visa Bulletin. 

Employer-sponsored foreign nationals with a priority date that makes them eligible for filing, but not final action, will not be able to submit an adjustment application next month

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USA: June 2016 Visa Bulletin

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According to the State Department’s June Visa Bulletin, there will be significant retrogressions in the cut-off dates for final issuance of an immigrant visa for EB-2 India and China and EB-3 China next month, consistent with recent agency projections.  EB-2 India will retrogress by more than four years, to October 1, 2004, while EB-2 China will retrogress by 20 months, to January 1, 2010.  The EB-3 China cut-off date for professionals and skilled workers will move back by just over three years and seven months, to January 1, 2010.