USCIS to Publish Revised Form I-539 and New Form I-539A

Changes to form I539. This is an announcement from the USCIS: We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier. We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 11. Form…Read More Breaking News

DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

  • Posted on February 6, 2019
  • /Under H1B
Final Rule Effective Beginning April 1, 2019 WASHINGTON—The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and…Read More Breaking News

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit. H-1B visas provide employers with skilled workers for a wide range of specialty occupations. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative…Read More Breaking News

USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB). Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the…Read More Breaking News

Shah Peerally Law Review by Richard (EB2-NIW Candidate)

  • Posted on October 29, 2018
  • /Under NIW
I was on a 12-month OPT after graduating with my masters degree in petroleum engineering. I landed a job with a State agency as a safety engineer with the goal of getting a 24-month STEM extension so I could have more time to figure out the next steps. Fast-forward to 11 months into my employment, I was told the State agency does not participate in E-verify, a critical component in getting the 24-mo extension. At this point, I was beyond panicking because my EAD was expiring in the next 60 days with no…Read More Breaking News

October 2018 Visa Bulletin sees a jump on EB1, EB2 and EB3 for India

Finally the October 2018 Visa Bulletin is out and we are seeing a good leap on EB1, EB2 and EB3 for India. Indian nationals with EB1 moving to June 2016, EB2 to March 2009 and EB3 surprisingly to January 2009. This move is welcomed although not enough. But for those who are qualified under each of those categories, who would be eligible to file for adjustment of status, please do so. Feel free to call 510 7425887.   A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date…Read More Breaking News

USCIS planning to increase premium fees from $1225 to $1410 as from October 1 2018

The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment increases the fee from $1,225 to $1,410. DATES: This rule is effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Applications postmarked on or after that date must include the new fee." Here is…Read More Breaking News

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

Announcement from USCIS: USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions. While H-1B premium processing is suspended, we will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined…Read More Breaking News

The Government confirms that they are in the process of removing H4 EAD

Again another twist in the H4 EAD situation. In an answer to the lawsuit brought by Save Jobs USA against H4 EAD or H4 Work permit, the government confirms that it is actually working on the 'reversal' of the H4 EAD rules passed by the Obama Administration in 2015. The answer reads in part "...Final clearance review of the proposed rule is ongoing, and senior levels of the department are actively considering the terms of the NPRM for approval...." and also they mention that their position remains unchanged which basically means they want…Read More Breaking News

STEM OPT Third party placement allowed again subject to conditions

This suddenly appeared on the USCIS website on Friday August 17 2018 Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.…Read More Breaking News

A group of Organizations wrote to Congress about the present Memos coming from the USCIS.

Aug. 14, 2018 letter to Senators Grassley, Feinstein - "We the undersigned representing higher and international education, business, immigration, and human rights organizations are alarmed by what appears to be a comprehensive plan of the U.S. Citizenship and Immigration Services (USCIS) to target legal immigrants through reinterpretation of long-standing immigration law and policy. USCIS has released a series of guidance memos that will have the effect of shifting legal immigrants into unlawful status and put them on the path to removal from the United States, and in some cases, bar them from reentry to…Read More Breaking News

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News

Visa Bulletin September 2018 – India EB2 retrogresses to Jan 1 2007 and EB3 Jan 1 2003

Following another bad news for Visa Bulletin September 2018 for India retrogressing to Jan 1 2007 EB2 and EB Jan 1 2003. This means we are now 11 years behind for EB2 India and 15 years behind on EB3. The waiting time seems to be endless. But remember the dates might come back to a reasonable date anytime soon. A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized…Read More Breaking News

USCIS putting a hold on NTAs until new guidance issued

Updated Guidance on the Implementation of Notice to Appear Policy Memorandum Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued. >>Read MoreRead More Breaking News