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.

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NFAP Report Confirms Significant Increase in H-1B RFE and L-1 Denial Rates

A recent report by the National Foundation for American Policy (NFAP) confirms that the USCIS has exponentially increased the number of requests for evidence (“RFE”) it has issued for H-1B petitions and denials of L-1 petitions this past year as a result of the Trump administration’s “Buy American, Hire American” Executive Order.  Notably, for H-1B petitions, the RFE rate jumped from 17.3% in Q1 (under the Obama administration) to 69% in Q4 2017.

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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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August 2018 Visa Bulletin Released

The Department of State (DOS) has issued its August 2018 Visa Bulletin.  Most notably, the Employment-Based (“EB”)-1 category for all nationals worldwide (except for China and India) is no longer current and has retrogressed to May 1, 2016.  EB-1 for Chinese and Indian nationals had no movement.  EB-2 and EB-3 worldwide remains current.  EB-2 for Chinese nationals advanced by two months, but there was no movement for EB-2 Indian nationals.  EB-3 for Chinese, Indian and Philippine nationals also moved forward. 

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U.S. Supreme Court Upholds Trump's Travel Ban

On June 26, 2018, the U.S. Supreme Court upheld the Trump administration’s Travel Ban (version 3.0) by a 5-4 vote.  Formally referred to as the September 24, 2017, Presidential Proclamation, the Travel Ban restricts travel to the United States for nationals of the following seven countries: Iran, Libya, Syria, Yemen, Somalia, Venezuela, and North Korea.  For Venezuela, the travel ban is limited to certain government officials and their family members visiting the U.S. on business or tourist visas (B-1/B-2).  

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Nadia Yakoob