USCIS

US Citizenship and Immigration Services (used to be BCIS, INS)

USCIS Reaches Fiscal Year 2022 H-1B Cap

Release Date 

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:

USCIS will no longer accept a single combined payment on certain forms filed together with an H-1B or H-1B1 petition

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.

Success in responding to a denial of an I-130, Petition for Alien Relative, that was denied due to USCIS error

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer.

Status
The passport photos requested in the RFE were provided and we requested the adjudication be expedited due to clear USCIS error. The petition was approved as was an I-485 subsequent petition for the beneficiary.

Agency

Green Card

Immigration Law

Citizenship and Naturalization

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

Release Date 

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

Success in filing an L-1A “new office” petition

We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S.

Agency

Success in responding to a Request for Evidence after filing an E-3 Petition

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.

Nonimmigrant Visas

Agency

Immigration Law

USCIS Statement on the International Day of Zero Tolerance for Female Genital Mutilation

Release Date 

On Feb. 6, the International Day of Zero Tolerance for Female Genital Mutilation, U.S. Citizenship and Immigration Services joins other U.S. government agencies and the international community in calling for an end to the practice of female genital mutilation or cutting (FGM/C).

FGM/C refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.

How to Make Your Communication with the USCIS Contact Center More Effective

How to Make Your Communication with the USCIS Contact Center More Effective

The USCIS Contact Center has  made changes to reduce reliance on telephonic live assistance while promoting the use of online self-help tools and digital inquiry channels. This is the result of financial limitations and resource constraints that make it impossible for USCIS to offer live assistance to every customer in the face of increased inquiry volumes.

When does it make sense to reach out to the USCIS Contact Center?

USCIS Updates Guidance on National Interest Waivers

Release Date 

U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.