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.
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).
