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.
Charlie Oppenheim, who is the Chief of Visa Controls Office at the Department of State has provided an update to the American Immigration Lawyers Association (AILA) that after he reviewed the visa availability dates in the September 2019 visa bulletin, the entire EB-3 visa preference category has immediately been made unavailable for the remainder of Fiscal Year 2019. So, this means that the annual limits for the entire EB-3 visa category have been reached on these categories, which includes worldwide: India, China, El Salvador, Guatemala, Honduras, Mexico, the Philippines, and Vietnam categories.
On August 9, 2019, USCIS announced that it will reduce its international offices from twenty (20) down to seven (7) as part of its efforts to better allocate its personnel and resources and help reduce backlog in their overall caseload in their domestic operations in the U.S.
U.S. Department of State’s September 2019 visa bulletin reflects the dramatic change in the USCIS demand pattern for adjustment of status applicants during July 2019, as well as a larger than anticipated return of unused numbers which had been provided to consular offices for July use. This has resulted in the latest development in which EB-1 and EB-2 preference Final Action dates for most countries, as well as the EB-5 India preference categories have been able to advance.
USCIS has announced a Final Rule that expands the definition of "Public Charge" to cover more kinds of public benefits received, and in the process, the revised rule will also impact many nonimmigrant applicants/beneficiaries as well.
On July 24, 2019, USCIS will publish a final rule that introduces a number of major changes to the EB-5 Immigrant Investor Program. The new changes will become effective on November 21, 2019.
U.S. Department of State’s August 2019 visa bulletin is reflective of its recent forecast that there would be only slight forward movement, if any, for most of the employment-based preference categories. In fact, the Department of State stated that because of the steady increase of employment applicant demand starting in late May 2019 for adjustment of status cases filed with the USCIS, and with no slowdown in sight, the Department of State has no choice but to establish or retrogress many of the August Final Action Dates in order to hold the Worldwide numbers use within the maximum allowed FY 2019 annual limits. This has negatively impacted the Worldwide numbers for EB-1, EB-2, and EB-3.
Immigration and Customs Enforcement (ICE) and the Student and Exchange Visitor Program (SEVP) has published a reminder notice to U.S. schools and programs who enroll F-1 academic students and M-1 vocational students as well as their respective dependents about the distinctions between the Curricular Practical Training (CPT) and Optional Practical Training (OPT).
Starting on June 24, 2019, the Department of Homeland Security will formally increase some fees, as well as add new fees charged by the Student and Exchange Visitor Program (SEVP) to international students, exchange visitors and SEVP-certified schools.
Pasricha & Patel Takeaways:After the U.S Department of State published the July 2019 visa bulletin, the USCIS has clarified further with the announcement that in connection with the July 2019 Visa Bulletin, for family-sponsored filings, applicants in the F2A category (spouse and children of permanent residents) may file using the Final Action Dates chart in the July 2019 Visa Bulletin. But for all the other family-based preference categories, visa applicants must still use the Dates for Filing chart in the July 2019 Visa Bulletin.
U.S. Department of State’s July 2019 visa bulletin contains very interesting and useful information not only about the July visa number demand, but also projections of what the visa numbers will look like in the upcoming months (at least through the end of September, which is also the end of the current fiscal year 2019).
U.S. Department of State has announced that starting on May 31, 2019, it has updated its non-immigrant and immigrant visa application forms (specifically, the form DS-160 and DS-260, respectively, as well as the paper back-up copy of the non-immigrant visa form DS-156), to request additional information, including social media identifiers, from most U.S. visa applicants worldwide.
Pasricha & Patel Takeaways:
USCIS is reminding petitioners that starting on August 5, 2019, it will begin rejecting Form I-129 petitions that do not include the petitioner/employer’s name and primary U.S. office address in Part 1 of the Form I-129. Right now, USCIS can reject Form I-129 petitions that are not signed, or did not include correct filing fees, or if an unauthorized third party signs the Form I-129 on behalf of the petitioner/employer.
Starting on Monday, June 10, 2019, the Office of Foreign Labor Certification (OFLC) will begin accepting online filings of the Prevailing Wage Determination form (ETA 9141) in the FLAG (Foreign Labor Application Gateway) system for all visa programs. The current filing method of using iCERT system will continue to be acceptable until 11:59 p.m. EST on Sunday, June 9, 2019. And after that, all prevailing wage determination requests must be filed using the new FLAG. And those who have not done so must first create and register a new login account using the FLAG system.
Pasricha & Patel Takeaways:
USCIS has announced its new digital transformation initiative called eProcessing in its efforts to speed up and transition into eventual full-fledged digital business model, which would cover all the steps of applying for an immigration benefit, and communicating with the USCIS via digital means, to finally receiving the decision on a case matter.
Pasricha & Patel Takeaways:
USCIS has announced that starting on May 20, 2019, the Texas Service Center will begin to process form I-129 petition for nonimmigrant worker, for certain H-1B cap-exempt petitions, such as those requesting for:
1. Change in previously approved employment;
2. Change of employer;
3. Concurrent employment;
4. H-1B amendment petitions;
5. Continuation of previously approved employment without change with the same employer;
6. Change of status to H-1B or
7. Notification to a U.S. consulate or inspection facility (port of entry or pre-flight inspection).
*Pasricha & Patel Takeaways: *USCIS has confirmed that it has completed the data entry of the H-1B quota cases that were selected in this year (fiscal year 2020) H-1B lottery. USCIS also confirms that it will start to return those cases that were not selected in this year’s lottery.
