In the March 2020 Visa Bulletin published by the U.S. Department of State, the USCIS has determined that for family-sponsored filings, filers should continue to follow the Dates for Filing Chart for the March 2020 Visa Bulletin.
But note once again that in the F2A category, there is a cutoff date on the Dates for Filing Chart. However, because the same F2A category is “Current” on the Final Action Dates chart, this does mean that applicants in the F2A category may use the Final Action Dates chart for February 2020).
USCIS has announced that as of February 1, 2020, the Form I-130, Petition for Alien Relative will be processed exclusively by the USCIS in the United States, and by the U.S. Department of State (U.S. embassies and consulates abroad) only in special circumstances.
This means that for U.S. expatriates who reside outside the U.S. and who were previously able to submit Form I-130 petitions with their nearest USCIS international offices are now required to either file their I-130 petitions online, or via mail through the USCIS Dallas lockbox for U.S. domestic processing.
USCIS has announced that the expanded Final Public Charge rules will take effect as of Monday, February 24, 2020, with the exception of the State of Illinois, where the rule remains enjoined by federal court. The new Public Charge rules expand the USCIS’s authority to review factors regarding whether certain foreign nationals will become a public charge by taking into consideration the foreign national’s age, health, income, education and skills, and other factors. And the new rule will define a public charge as a person who is likely to receive any number of public benefits for more than an aggregate of 12 months over any 36-month period of time.
USCIS has announced that starting on March 31, 2020, it will change the way it processes the Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis, to a visa availability approach. USCIS explains that this new approach is to prioritize petitions filed by individuals from countries where immigrant visas are currently available (or soon become available), which would increase fairness, and allow those qualified EB-5 petitioners from traditionally underrepresented countries to have their petitions approved more quickly in order to receive consideration for an immigrant visa. This process change does not create any legally binding rights, nor does it change any substantive requirements for the EB-5 petition.
The U.S. Supreme Court has lifted a temporary injunction that had previously prevented the Department of Homeland Security from enforcing a previously-announced Public Charge Rule that greatly expands the definition of public benefits. The expanded rule gives DHS officials greater authority to deny visas and immigrant petitions filed by future immigrants whom the U.S. government would determine to rely, or may rely on, certain public benefits, such as Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); and any federal, state, or local cash benefits programs for income maintenance purposes; as well as government housing programs, such as Section 8 Housing Assistance.
In the February 2020 Visa Bulletin published by the U.S. Department of State, the USCIS has determined that for family-sponsored filings, filers should continue to follow the Dates for Filing Chart for February 2020 Visa Bulletin.
But note that in the F2A category, there is a cutoff date on the Dates for Filing Chart. However, because the same F2A category is “Current” on the Final Action Dates chart, this does mean that applicants in the F2A the category may use the Final Action Dates chart for February 2020).
The U.S. Department of State has published the February 2020 visa bulletin, and once again, there is not much movement, if only slightly, in the employment-based immigrant visa categories across the countries. Of interest is the Department of State has indicated that due to the high level of employment-based visa demands since October 2019, with primary demand for adjustment of status cases that are being filed with the USCIS, that the most affected categories – which are the EB-2, and EB-3 Other Workers preference categories – that the Department of State expects to set ‘Rest of the World” final action date starting in the month of March. This action will be needed in order to hold the visa numbers usage within the Fiscal Year 2020 annual limits.
Issues to Consider when Contemplating Changing Nonimmigrant Visa Status to F-1 (Academic Student) or M-1 (Vocational Student) Status
With the start of the New Year, some nonimmigrant visa holders (i.e. H-1B specialized workers, L-1 intracompany transferees, E treaty traders and investors, or B-1/B-2 temporary visitors) may be considering applying for F-1 (academic student) or M-1 (vocational student) visa to pursue academic or vocational courses in 2020 and beyond.
With the publication of the January 2020 Visa Bulletin by the U.S. Department of State, the USCIS has continued its policy and instructed filers for Family-Sponsored Filings to follow the Dates for Filing Chart for January 2020 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications, which remains ‘Current’ for F2A preference category).
The H-1B Electronic Registration Process will be effective for Fiscal Year 2021. This is a significant change to how the H-1B lottery has been conducted by USCIS. As part of this process, the prospective employer/petitioner will need to register electronically with the USCIS and pay a $10.00 registration fee for each H-1B petition that the U.S. employer seeks to submit in the upcoming FY 2021 H-1B cap lottery system. The registration system will require the U.S. employer to complete a registration form which contains general information about the company and the intended H-1B candidate. To date, it is unknown whether the registration information will include submission of the proposed job offer, salary or other terms relating to the proposed employer/employee relationship. The registration period will run from March 1, 2020 to March 20, 2020. Upon conclusion, the USCIS will conduct a random lottery and selection process for the registered applications. The selected registrants will then proceed with the H-1B filing for their prospective employer.
USCIS has announced that it will implement an electronic registration requirement for H-1B petitioners that wish to submit H-1B cap petitions starting with the Fiscal year 2021 H-1B cap petitions next year. This will require the U.S. employer/petitioner to register electronically with the USCIS, and then pay a $10.00 registration fee for EACH H-1B petition that the U.S. employer wishes to submit with the USCIS in the upcoming FY 2021 H-1B cap lottery system. This fee is non-refundable.
Pasricha & Patel Takeaways: With the publication of the December 2019 Visa Bulletin by the U.S. Department of State, the USCIS has continued its policy and instructed filers for Family-Sponsored Filings to follow the Dates for Filing Chart for December 2019 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications, which remains ‘Current’ for F2A preference category).
On November 8, 2019, the U.S. Court of Appeals for the District of Columbia Circuit reversed the lower district court’s initial grant of summary judgment in favor of the Department of Homeland Security (DHS) and concluded that the plaintiff Save Jobs USA, an advocacy group that represents a group of U.S. technology workers, do have legal standing to challenge the DHS’s H-4 dependent spouse’s employment authorization (EAD) program. The Circuit Court found that the plaintiff Save Jobs USA has shown that its members face actual or imminent labor market competition from foreign nationals because of the H-4 EAD program.
As of November 11, 2019, a nationwide temporary restraining order has been issued by the United States District Court for the District of Oregon blocking the implementation of Presidential Proclamation 9945 - Suspension of Entry to Immigrants Who Will Financially Burden the United States Healthcare System.
The Department of Homeland Security and the USCIS have announced that it is proposing rule changes to the USCIS fee schedule. More specifically, DHS is proposing that it is adjusting USCIS fees by a weighted increase of 21 percent; and adding new fees; and also making other changes, such as revising forms, and introducing various new forms.
USCIS has announced that starting on Monday, December 2, 2019, the fee for the form I-907 premium processing will increase to $1,440.00 from $1,410.00. This is an increase of $30.00. According to the USCIS, this is to keep up with the rate of inflation, as the USCIS first introduced the premium processing option back in June 2001 (when it was $1,000.00). The USCIS most recently increased the premium processing fee from $1,225.00 to $1,410.00.
With the publication of the November 2019 Visa Bulletin by the U.S. Department of State, the USCIS has followed up by stating that filers for Family-Sponsored Filings must follow the Dates for Filing Chart for November 2019 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications, which remains ‘Current’ for F2A preference category).
Upon the publication of the October 2019 Visa Bulletin by the U.S. Department of State, the USCIS has quickly announced that with regards to the October 2019 Visa Bulletin, filers for Family-Sponsored Filings must follow the Dates for Filing Chart for October 2019 visa bulletin (note: the F2A Spouse and Children of Permanent Resident will continue to follow the Final Action Dates chart for Family-Sponsored Visa Applications).
USCIS has published a rule proposing that all H-1B petitioners who wish to enter the H-1B cap lottery next year (Fiscal Year 2021) will be required to pay a $10.00 registration fee per application.
