Shortly after the publication of the December 2020 visa bulletin by the U.S. Department of State, the USCIS has announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the December 2020 Visa Bulletin.
USCIS has announced its formal plans to introduce a revised version of the naturalization civics test. The USCIS had previously announced their plans to revise and update the civics portion of the naturalization test in July 2019.
Naturalization applicants who apply for naturalization on or after December 1, 2020 will take the updated version of the test. Those naturalization applicants who apply before December 1, 2020 will take the current version of the naturalization test.
On November 2, 2020, U.S. District Court Judge in the Northern District of Illinois vacated the Department of Homeland Security (DHS)’s Public Charge regulation and ruled that it had violated the Administrative Procedures Act (APA). This ruling takes effect nationwide and with immediate effect. This means the USCIS cannot enforce the public charge rule and this will directly impact applicants who are filing for nonimmigrant change of status and extension of status petitions, as well as those applicants who are applying for adjustment of status petitions with the USCIS.
In the follow-up to the highly anticipated October 2020 Visa Bulletin, the USCIS has decided once again to follow the same filing charts for the November 2020 Visa Bulletin.
U.S. Department of Homeland Security (DHS) has announced a proposal to change the process by which the USCIS selects the H-1B cap-subject petitions each year. Instead of the random selection process that has been in place for many years, DHS proposes that a new wage-level based selection process be implemented in its place.
USCIS has announced that it is increasing the premium processing fee that is utilized for H-1B, and L-1 and various immigrant visa petitions (such as I-140) from $1,440.00 to $2,500.00 starting on Monday, October 19, 2020.
Both the Department of Homeland Security and the Department of Labor have simultaneously announced regulations that would not only restrict H-1B eligibility by redefining H-1B specialty occupation and the employer-employee relationship but also raise the wage minimum levels for the H-1B and the alien labor certification PERM filings
As part of the U.S. Senate’s continuing resolution bill that funds the U.S. federal government until December 11, 2020, Congress has included some interesting and impactful changes to the USCIS premium processing service that will expand the premium processing option to more visa categories, and allow the USCIS to set higher premium processing fees in order to help bridge the gap in the USCIS’s budgetary shortfall.
On September 29, 2020, the U.S. District Court for the Northern District of California imposed a preliminary injunction on the Department of Homeland Security to enforce its new fee rule that was set to take effect on
For the much eagerly awaited October 2020 Visa Bulletin just published by the U.S. Department of State, the USCIS has decided to continue to follow the previous months’ filing procedures and set that for family-sponsored filings, filers should continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the October 2020 Visa Bulletin.
In light of the recent stay of the July 29, 2020 nationwide injunction on the public charge rule by the U.S. Court of Appeals for the Second Circuit, USCIS has announced that it will once again apply the Public Charge rule to all relevant petitions and applications that are postmarked on or after February 24, 2020.
U.S. Department of State has announced that its U.S. consular posts will begin to process K-1 fiancé(e) visa applications as local conditions permit. Applicants should check the website of their nearest U.S. embassy or consulate to check what types of services the particular cost is offering right now.
The U.S. embassy in India has announced that the consular sections in its embassy and all the U.S. consulates in India are able to resume accepting drop box applications for F, M, and J visa renewals, and also for H and L visa renewals who qualify under the national interest exceptions of the Presidential Proclamations that had originally imposed visa bans on those particular visas.
Starting on August 14, 2020, employers and legal representatives have begun to receive e-mail notifications from the USCIS regarding the second round of H-1B lottery selection for the Fiscal Year 2021 H-1B cap. These cases have been selected from the same H-1B registrations that were initially submitted during the March 2020 H-1B cap registration window, but were not selected in that initial lottery process.
USCIS has announced that it will be able to avoid furloughing more than 130,000 of its employees, which is almost 70% of its workforce, after originally planning to begin the furlough on August 30, 2020. USCIS explained that they are able to avoid the furlough due to unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.
For the September 2020 Visa Bulletin published by the U.S. Department of State, the USCIS has decided to continue to follow the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the September 2020 Visa Bulletin.
On April 22, 2020, President Trump signed an Executive Order to suspend the entry of foreign nationals for a period of 60 days, citing the need to protect the U.S. domestic workforce during COVID 19 crisis.
Starting on August 17, 2020 the U.S. Embassy in New Delhi, India, along with the U.S. Consulates in Mumbai, Chennai, Hyderabad, and Kolkata will begin processing student (F-1) and academic exchange visitor (J-1) visa applications only and on a limited basis.
During this COVID-19 pandemic, many employers have unfortunately been forced to reduce their staff. There are many employees throughout the country who have been laid off or placed in furlough by their employers. The result has been devastating for individuals throughout the country. However, what happens when the employee is an individual in H-1B status? What kind of options available for the H-1B holder to continue to maintain non-immigrant status? What obligations does the employer hold when facing this situation for an H-1B employee? There are many new scenarios and situations that are arising in this difficult time and it is important for H-1B employers and employees to be aware of the current rules as well as their responsibilities and rights.
The U.S. Department of State has just added new categories to the National Interest Exceptions to the Presidential Proclamations (10014 & 10052) banning certain nonimmigrant visa applicants (H1B and L-1 workers) from entering the U.S.