Blog — Nadia Yakoob & Associates

USCIS Clarifies that Change in Worksite for L-1A Managers Does Not Require an Amendment Petition

The Administrative Appeals Office (“AAO”) of the U.S. Citizenship and Immigration Services (“USCIS”) released a decision earlier this week, ruling that USCIS had improperly revoked the L-1A status of an international manager whose employer had not filed an amendment petition to reflect a change in the manager’s worksite. The AAO agreed with the employer, an IT consulting services company, that an amendment petition was not required because the managerial job duties remained essentially the same for purposes of L-1A classification and the change in worksite was not “material.”

USCIS, NonimmigrantNadia YakoobDecember 6, 2018USCIS, L-1A, AAO, administrative appeals office

USCIS Proposes Changes to Annual H-1B Visa Lottery

U.S. Citizenship and Immigration Services (USCIS) has just proposed two major changes to the H-1B visa lottery process, which takes place each year during the first week of April.

H-1B, Nonimmigrant, USCISNadia YakoobNovember 30, 2018H-1B CAP, international students, H-1B petition, USCIS, H-1B Visa lottery

December 2018 Visa Bulletin Released

The Department of State (DOS) has issued its December 2018 Visa Bulletin. Overall, there was very little movement in most categories this month. EB-1 for all nationals advanced by three months. EB-2 worldwide is still current (except for China and lndia). EB-2 for Chinese nationals advanced by one and a half months, and EB-2 Indian nationals advanced by almost two months. EB-3 for Chinese and Philippine nationals moved forward by one week, while Indian nationals advanced by two months.

November 2018 Visa Bulletin Released

The Department of State (DOS) has issued its November 2018 Visa Bulletin. Overall, there was very little movement in most categories this month. EB-1 for Chinese and Indian nationals had no movement. EB-2 worldwide is current (except for China and lndia). EB-2 for Chinese nationals advanced by one and a half months, but there was no movement for EB-2 Indian nationals. EB-3 is current (except for China, India, and the Philippines). EB-3 for Chinese and Indian nationals had no movement, but Philippine nationals moved forward by one week.

USCIS, Immigrant, Visa BulletinNadia YakoobOctober 12, 2018visabulletin, visa bulletin, november2018visabulletin, uscis, prio, green card

New USCIS Policy on Removal Proceedings Takes Effect

Starting October 1, 2018, U.S. Citizenship & Immigration Services (USCIS) may begin removal (also referred to as “deportation”) proceedings after denying an application for a benefit, such as an application for adjustment of status to lawful permanent resident (Form I-485), naturalization (Form N-400), or change or extension of status (Form I-539). This new policy stems from President Trump’s Executive Order 13768, “Enhancing Public Safety in the Interior of the United States.”

USCIS Publicly Discusses Policy Updates on RFEs and NOIDs in Stakeholder Call.

USCIS held a call last week on September 6, 2018, to publicly explain its updated policy on when it could deny petitions or applications without first issuing a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOIDs”). The new policy took effect this week on September 11, 2018, and will apply to applications and petitions received by USCIS on or after September 12, 2018.

USCISNadia YakoobSeptember 14, 2018uscis, rfe, noid, immigration law, immigrationlaw, immigrant

October 2018 Visa Bulletin Released

The Department of State (DOS) has released its October 2018 Visa Bulletin. October 1 marks the start of the new fiscal year so all the immigrant visa categories benefit from new visa numbers. As a result, all categories will experience significant advancements, some as many as four to six years.

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions

USCIS announced today that it will temporarily suspend premium processing for most H-1B petitions filed at the Vermont and California Service Centers beginning September 11, 2018. USCIS expects that the suspension will last until February 19, 2019.

USCIS Confirms Third-Party Worksite Permissible on STEM OPT.

USCIS has clarified that STEM OPT extensions are available to international students who will work at a site other than the employer’s principal place of business. USCIS updated its website on Friday, August 17, with this clarification.

USCIS, Nonimmigrant, STEM OPTNadia YakoobAugust 22, 2018stem opt, uscis, international students, immigration, immigration law

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.