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.

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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

U.S. Citizenship and Immigration Services (USCIS) has announced a significant expansion of in-person interviews for individuals applying for permanent residence based on an offer of employment. The policy also applies to a much smaller population of beneficiaries of I-730 Refugee/Asylee Relative Petitions who are inside the United States. The new policy will begin on October 1, 2017, and is expected to result in more than 130,000 additional interviews conducted each year at USCIS District Offices throughout the country. Affected applicants should expect significant processing delays, as these interviews will be conducted by an agency that is already struggling to keep up with current processing demands. These interviews will be conducted at the final stage of the permanent residency application process, called adjustment of status.
Continue Reading USCIS to Expand In–Person Interviews for Employment Based Permanent Resident Applicants

Today, the United States Citizenship and Immigration Services (“USCIS”) announced the reinstatement of premium processing service for H-1B petitions filed by certain cap-exempt petitioners.  In addition to petitioners who seek to employ physicians who are recipients of Conrad 30 waivers, H-1B petitioners who meet the following criteria may now also request premium processing:

  • Institutions of higher education;
  • Nonprofits related to or affiliated with an institution of higher education; or
  • Nonprofit research or governmental research organizations.

USCIS also announced that premium processing will resume for H-1B petitions that may be exempt, if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

We will update this entry as more information is available.

U.S. Citizenship & Immigration Services (“USCIS”) is scheduled to release a revised Form I-9, Employment Eligibility Verification, on July 17, 2017. The previous version, dated 11/14/16 N, remains valid, but only through September 17, 2017. On September 18, 2017, employers must use the new form.

The new form changes the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, the Immigrant and Employee Rights Section.  In addition, several key changes have been made to the List C, Acceptable Documents to Prove Employment Eligibility:

  1. The Consular Report of Birth Abroad (Form FS-240) is now acceptable and is included on the drop-down menus in “smart” Form I-9 and in E-Verify.
  2. All certifications of report of birth that are issued by the U.S. Department of State (Forms FS-545, DS-1350 and FS-240) are now listed at #2 of List C.
  3. List C documents are now renumbered, except the Social Security card; for example, the EAD is now at #7 instead of #8

USCIS plans to update its “Handbook for Employers: Guidance for Completing Form I-9” (Form M-274) to include these revisions in the near future.  Additional information is available at What’s New | USCIS.

Not surprisingly, the USCIS announced today that the FY2018 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.

On, March 31, 2017, U.S. Citizenship & Immigration Services rescinded a 17-year-old memorandum issued by the Nebraska Service Center regarding computer-related positions as H-1B “specialty occupations.”  For the last 10 years, all H-1B petitions have been processed at the Vermont and California Service Centers, so the memo has not been in use.  Since NSC recently began accepting H-1B extension petitions again, USCIS has rescinded the memo, stating it is outdated and inconsistent with the agency’s current approach to H-1B petitions for computer jobs.

Continue Reading USCIS Rescinds Old Guidance on H-1B Computer Programmers and Announces Targeted Scrutiny of IT Contractors