Department of Homeland Security

DHS Update

DHS has announced its notice of proposed rulemaking pertaining to the H-1B visa program which would affect U.S. businesses submitting H-1B petitions under the annual cap. Chances are high that the new rule will be adopted prior to the start of the new H-1B cap season on April 1, 2019. Under the proposed rule, the government will

Department of State

DOS Visa Bulletin

Entering the third month of the 2019 fiscal year, the December visa bulletin continues to reflect minimal movement from the prior month. EB-1 Priority Workers for All Chargeability areas, El Salvador/Guatemala/Honduras, Mexico, Philippines, and Vietnam advance 3 months to a cut-off date of July 1, 2017. EB-1 China and India also advance 3 months to

Hot off the Press

U.S. Reaches New Trade Agreement with Canada and Mexico

The U.S. has reached a trade deal that will replace the North American Free Trade Agreement (NAFTA) with the new United States-Mexico-Canada Agreement (USMCA). The immigration provisions contained in NAFTA are largely intact in the new USMCA so the effect on transnational worker mobility should be minimal. Congress is expected to review the new trade

Department of State

DOS Visa Bulletin

Entering the second month of the 2019 fiscal year, the November 2018 Visa Bulletin reflects minimal movement from the prior month. EB-2 “Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability” for China advances six weeks to May 15, 2015. EB-3 “Professionals/Skilled Workers” for the Philippines moves forward only seven days to

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has started implementing their policy memorandum pertaining to the broader use of Notices to Appear (NTAs) in immigration court. USCIS may now issue NTAs to applicants who receive a denial on a petition that affects their U.S. immigration status. USCIS will send denial letters and provide details on how

Department of State

DOS Visa Bulletin

Entering the first month of the 2019 fiscal year, an influx of immigrant visa numbers has led to significantly more favorable priority dates for nearly all of the preference categories. EB-1 Priority Workers for All Chargeability areas, El Salvador/Guatemala/Honduras, Mexico, Philippines, and Vietnam advances 10 months to April 1, 2017. EB-1 China and India jumps

Department of Homeland Security

DHS Update

A U.S. Citizenship and Immigration Services (USCIS) policy memorandum concerning accrual of unlawful presence for foreign students and exchange visitors (F, M, and J nonimmigrants) recently became effective. While, previously, most foreign students only started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another

Department of Homeland Security

DHS Update

Starting September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) will be expanding the temporary suspension of premium processing (currently only applicable to cap-subject H-1B petitions) to include certain additional H-1B petitions. The premium processing suspension for the affected H-1B petitions is expected to last until February 19, 2019. The only H-1B petitions for which

Department of State

DOS Visa Bulletin

The September 2018 DOS Visa Bulletin “Final Action” chart contains important updates. The September Visa Bulletin for employment-based cases became effective August 9, 2018, due to high demand of immigrant visa numbers in the EB-2/EB-3 Worldwide, El Salvador, Guatemala, Honduras, Mexico, and Philippines preference categories. The DOS states that the increased demand for immigrant visa

Department of Homeland Security

DHS Update

The later part of July brought two major immigration developments that affect U.S. businesses and foreign nationals. The United States Citizenship and Immigration Service (USCIS) has recently issued a memorandum pertaining to the government’s policy on the Requests for Evidence (RFEs) issuance for petitions and applications for various immigration benefits. While the practice of the