The United States Citizenship and Immigration Services (“USCIS”) has announced that the suspension of premium processing for FY2019 H‑1B cap cases, announced on March 21, 2018, has been extended until possibly February 2019.

USCIS also announced that effective September 11, 2018, premium processing will be suspended for H‑1B cases filed at the Vermont and California Service Centers, except for:

  1. H-1B petitions filed by cap-exempt petitioners or by petitioners who will be employing beneficiaries at qualifying cap-exempt institutions, entities, or organizations; or
  2. H-1B petitions filed at the Nebraska Service Center by petitioners requesting either an extension of a beneficiary’s H-1B status or requesting consular notification based on the continuation of the beneficiary’s previously approved employment without change with the same petitioner

In its announcement, USCIS explained that because of the recent increase in H-1B petitions filed requesting premium processing, USCIS has been unable to process long-pending H-1B petitions. Therefore, the expanded suspension of premium processing was required to allow USCIS personnel to focus on reducing the current backlog of pending H-1B petitions.

USCIS will continue to accept premium processing requests for H-1B cases until September 10, 2018. However, if a case is not adjudicated within the required fifteen calendar day timeframe, USCIS will refund the fee for premium processing and the case will be processed under regular processing.

We will update this post as soon as the suspension is lifted.

The USCIS announced today that the FY2019 H-1B cap has been met.  The USCIS will hold a lottery for the H-1B visas as early as next week.  Those selected will receive receipt notices in the mail; those rejected will have their filings returned, along with the filing fee checks.   We expect that the receipt notices for those selected will begin to trickle in later this month through most of May; the rejected petitions will take longer to return.  The USCIS has not yet released the number of petitions it received.  Please check back for updates.

The US Citizenship & Immigration Services (USCIS) has just announced that it will temporarily suspend premium processing service for H-1B Cap petitions for Fiscal Year 2019.  The suspension is expected to remain in effect until September 10, 2018.  Once the suspension is lifted, pending H-1B Cap petitions can be upgraded to premium processing service, if desired.  Other H-1B petition types, including petitions to amend or extend H-1B status, or to change employers, are not impacted at this time.  The official announcement can be seen here. We will continue to monitor these developments and will post updates as new information becomes available.

As negotiations in Congress continue towards resolving the shutdown of the federal government, individuals and companies that interact with the various federal agencies that administer immigration programs are naturally wondering how they might be affected. US Citizenship and Immigration Services (USCIS) typically provides clear information about the impact of a government shutdown on its operations. For other agencies, we can only look to prior shutdowns in 2011 and 2013 to understand what to expect.

As a general matter, only “essential” employees will continue to work until funding is restored. The following is what we anticipate with respect to the various agencies Hunton & Williams deals with on behalf of our clients:

Continue Reading How Will the Government Shutdown Impact Immigration? It Depends on the Federal Agency and Program Involved

If 2017 is any indication, the new year will bring a fresh cascade of changes – both announced and unannounced, anticipated and unanticipated – in the business immigration landscape.  Few, if any, of these changes are expected to be good news for U.S. businesses and the foreign workers they employ.

In 2017, while much of the news media focused on the Trump Administration’s draconian changes to practices and policies that affected the undocumented – including ending the DACA Dreamer program, shutting down Temporary Protected Status for citizens of countries ravished by war and natural disaster, and aggressively enforcing at the southern border and in “sensitive” locations such as churches, courthouses, and homeless shelters – relatively less attention has been paid to the steady, incremental erosion of rights and options for legal immigrants, particularly those who are sponsored for work by U.S. employers, under the Administration’s April 2017 “Buy American / Hire American” executive order.  There is no doubt that such restrictions to the legal immigration system will continue to cause business uncertainty and disruption in 2018.  Here’s what to expect:

Continue Reading Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business Immigration

Although no official statement has been issued, the United States Citizenship and Immigration Services (“USCIS”) announced during a call with the American Immigration Lawyers Association’s Service Center Operations Liaison Committee that it expects to resume premium processing for all H-1B cases on or before October 3, 2017.   We will update this post as soon as USCIS makes an official announcement.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of South Sudan who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extension allows qualifying individuals from South Sudan to reapply for TPS and work authorization that will be valid until May 2, 2019. The re-registration period ends on November 20, 2017. Employment authorization documents held by qualifying individuals are automatically extended through May 1, 2018. Employers can rely on the DHS announcement for I-9 employment verification and re-verification purposes.  Please note that this does NOT apply to nationals of Sudan.

 Click here for additional information.

The United States Citizenship and Immigration Services (“USCIS”) announced today the reinstatement of premium processing for H-1B petitions subject to the Fiscal Year 2018 cap.  USCIS previously reinstated premium processing for H-1B petitions filed on behalf of Conrad 30 waivers recipients and those filed by certain H-1B cap-exempt petitioners.

 USCIS expects to resume premium processing as workload permits, but previously announced a target date of October 3, 2017.

 

Despite earlier hints that the “Dreamers” – undocumented youth who were brought to the United States illegally or lost their status while they were underage – might be allowed to retain their work permits and reprieve from deportation, Attorney General Sessions announced today that the Obama-era Deferred Action for Childhood Arrivals (DACA) program will end on March 5, 2018.  The six-month lag time is intended to allow Congress to codify DACA-like provisions into law.

Continue Reading DACA Dreamers on Life Support