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Pasricha & Patel Takeaways:
Beginning on Oct. 1, 2018, USCIS has started relying on electronic tablets to administer the English reading and writing test portion of the naturalization interview. Please do note that the civic test portion of the naturalization interview will still be administered orally.
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Pasricha & Patel Takeaways:
USCIS has issued a reminder that those affected F-1 students who still have pending H-1B change of status petitions with the USCIS and who have been under ‘cap-gap protection’ may not continue to work on or after October 1, 2018, UNLESS they are otherwise authorized to continue employment (via their still-valid EAD cards).
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https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear
Pasricha & Patel Takeaways:
USCIS will begin to implement its June 28 Policy Memo on issuing Notices to Appear (NTA) on October 1, 2018.
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Pasricha & Patel recently attended an IT industry event that was hosted by ITServe as part of its Synergy 2018 kickoff to their annual conference in Atlantic City, NJ.
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https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_october2018.pdf
Pasricha & Patel
While most of the employment-based preference categories’ dates have advanced, the EB-1 visa preference category is still backlogged and not yet ‘current’ due to continuing high demand by visa users who fit in this category.
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Pasricha & Patel
USCIS has provided clarification about the STEM OPT training requirements by stating that STEM OPT workers may participate in training that takes place at a work site other than the employer’s principal place of business
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Pasricha & Patel
USCIS has revised its final guidance on unlawful presence for students and exchange visitors by stating that F and M nonimmigrant students who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is still pending with the USCIS.
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Pasricha & Patel
This also means that the USCIS is in the middle of adjudicating and reviewing the various H-1B quota petitions that were picked in the lottery process, and the USCIS has even been issuing Requests for Further Evidence (RFE) notices for some cases, while also approving various H-1B quota petitions as well.
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The American Dream and the allure of prosperity, success, dignity of labor and freedom of employment have been attracting thousands of people to the shores of the United States of America. Whether they are seeking a better life or greener pastures, fulfilling the ‘The American Dream’ requires you to obtain a visa and clear immigration successfully.
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Pasricha & Patel, LLC
USCIS has just issued a new policy memo to its adjudicating officers in which it restores the adjudicators’ full discretionary authority to deny applications, petitions, and requests without the need to first issue a Request for Further Evidence, or a Notice of Intent to Deny.
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Immigration law is a complicated area filled with unique issues and complexities. Having an experienced attorney guide you along the way can help ease the anxieties that you as a petitioner or a beneficiary can expect to experience.
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https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_July2018.pdf
Pasricha & Patel
According to the latest projections at the U.S. Department of State, the recent increase in the filings of adjustment of status petitions with the USCIS will likely result in the temporary establishment or retrogression of some final action dates in the visa bulletin in order to hold the visa numbers within the fiscal year 2018 limit.
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https://www.uscis.gov/news/alerts/update-form-i-797-receipt-notices-form-i-751-and-form-i-829
Pasricha & Patel
USCIS has announced that it is extending the combined use of the I-797 filing receipt notices that are issued after the filing of I-751 petition to remove conditions on residence
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Pasricha & Patel
While the USCIS’s reminder is not new information, the USCIS wants to remind F-1 students that they should be mindful in making sure that they do not engage in unauthorized employment, especially if their employment authorization document (EAD) has been terminated due to school transfer or change in their educational level (i.e. starting master’s program after completing the bachelor’s degree program). EAD termination is done by the U.S. Immigration and Customs Enforcement (ICE) ‘s Student and Exchange Visitor Program (SEVP) informing the USCIS of the OPT /EAD termination date, and that termination is automatic. USCIS will then notify the affected F-1 student to allow the F-1 student the opportunity to correct any errors via the F-1 student’s Designated School Official (DSO). It is vital that F-1 students do not engage in unauthorized employment in the U.S. because that can lead to serious repercussions, such as removal from the U.S. and being barred from re-entering the U.S. in the future.
Should our readers have any further questions about OPT/EAD termination, please do not hesitate to contact our office to schedule a consultation to discuss this matter further.
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www.uscis.gov/news/alerts/uscis-policy-manual-updates
Pasricha & Patel
USCIS has updated its Policy Manual to say that some EB-5 Immigrant Investor cases that had previously relied on tenant-occupancy methodologies to show their capital created, or will create, 10 indirect jobs are no longer acceptable because this particular methodology is no longer considered a reliable tool to forecast future indirect job creation through tenant occupants. To be sure, this particular methodology was already facing the practical issue of whether the USCIS would even accept such type of methodology in the first place. And now the USCIS has simply formalized such doubts by disallowing such a practice altogether.
USCIS has also clarified that it will interview ALL adjustment of status applicants, unless the USCIS formally waived such an interview. USCIS did not say what particular criteria it would consider to waive such interviews. To be clear, USCIS did already announce last August 2017 that it was conducting adjustment of status interviews for all employment-based immigrant petitions, as well as for refugee/asylee relative petitions. This is just an updated clarification on that announcement.
And should our readers have any further questions about this policy manual update, the reader can certainly contact our office for further consultation.
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Pasricha & Patel
USCIS confirms that it has completed the data entry of the H-1B quota cases that were selected in this year’s H-1B lottery. It also confirms that it will start to return those cases that were not selected in this year’s lottery. Just like in years’ past, this return process can take a few weeks to a few months for the USCIS to complete. And at the same time, the H-1B employer/petitioner can still expect to receive H-1B quota receipt notices. USCIS has advised all petitioners to wait for mailings to reach them in the coming weeks and months, as the USCIS will also make a final announcement once it has returned all the unselected H-1B quota petitions.
Should our readers have any questions about the H-1B quota selection process, please feel free to contact our office for further consultation.
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Pasricha & Patel
USCIS has published revised rules, which will take effect on August 9, 2018, that changes how it will determine unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status (which also include F-2, J-2, and M-2 dependents), who fail to maintain their status in the U.S. According to the USCIS, their change in policy is in line with the present administration’s goals to punish those who overstay in the U.S. by having them either leave the U.S. as soon as their academic or training program concludes, or they must timely file for change to other lawful immigrant or nonimmigrant status in order to remain in legal status here in the U.S.
Should our readers have any specific questions about this new policy, we encourage you to contact our office for formal consultation, and we would be happy to assist further.
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Pasricha & Patel
U.S. Department of State has just released the June 2018 Visa Bulletin. A quick look at both the family-based and the employment-based preference categories show that there are incremental movements – at least holding steady – of the various preference categories.
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https://www.uscis.gov/news/alerts/uscis-updates-policy-dna-evidence-support-sibling-relationships
Pasricha & Patel
In the absence of substantive documentary proof to link sibling-to-sibling relationships in family-based immigrant petition filing cases, the USCIS is finally allowing its officers to consider direct sibling-to-sibling DNA results obtained from AABB-accredited labs.
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https://www.uscis.gov/news/news-releases/uscis-begin-using-more-secure-mail-delivery-service
Pasricha & Patel
In an effort to make the delivery of USCIS-issued documents such as ‘green cards’, and EADs, and Travel Documents (i.e. advance parole and re-entry permits) more secure and reach the intended delivery recipients, the USCIS is requiring the recipients to personally sign for these items.
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