Posts tagged nonimmigrant
Premium Processing Becomes Available for Pending H-1B Cap Cases

USCIS announced today that premium processing will become available for pending H-1B cap cases as of Monday, January 28, 2019.  Employers who have received requests for evidence (RFEs) for pending H-1B cap petitions should include their RFE reply with their request for premium processing.

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USCIS Confirms that Delays in Approving I-751s Will Continue

During a stakeholders teleconference yesterday, USCIS confirmed that processing times for Form I-751, Petition to Remove Conditions on Residence, would continue to slow down as the agency intensifies its efforts to identify marriage fraud.  Previously, I-751s were adjudicated within a year, but processing times are now reaching up to 20 months.

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July 2018 Visa Bulletin Released

The Department of State (DOS) has issued its July 2018 Visa Bulletin.  Most notably, the Employment-Based (“EB”)-3 category for Chinese nationals retrogressed dramatically by two years and five months to January 1, 2013.  EB-2 for Chinese and Indian nationals, and EB-3 for Indian nationals made significant advances while EB-1 for Chinese and Indian nationals and EB-3 for Philippine nationals had no movement.

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Homeland Security Moves to End the International Entrepreneur Parole Program

The Department of Homeland Security (DHS) is moving to officially end the International Entrepreneur Parole Program under which certain foreign national entrepreneurs could have come to the United States to develop and oversee start-up businesses.  The Program was created by the Obama Administration and was supposed to take effect in July 2017.  However, implementation of the Program has been delayed and, although USCIS started accepting applications in March 2018 (after a Court order), it’s unlikely that any applications actually have been approved.  

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USCIS Changes Policy on Accrual of Unlawful Presence for F, J, and M Nonimmigrants

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum this week, changing the way unlawful presence will be calculated for students (F-1), exchange visitors (J-1), and vocational students (M-1), and their dependents, while in the United States. The new policy memorandum will take effect on August 9, 2018.

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May 2018 Visa Bulletin Released

The Department of State (DOS) has issued its May 2018 Visa Bulletin.  For the most part, priority dates for employment-based categories remain the same from last month’s visa bulletin. The Employment-Based (“EB”)-1 category for Chinese nationals advanced by one month from April’s dates while the EB-3 category for Indian nationals moved forward by 3 months. 

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USCIS Suspends Premium Processing for H-1B Cap Cases

USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions effective April 2, 2018.  This suspension is expected to last until Sept. 10, 2018.   USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap, such as extensions and change of employer petitions.

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