Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
| Form Number |
Case Type |
Time |
|---|---|---|
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 6 months or less |
|
I-129F |
Petition for Fiancée |
6 months or less |
|
I-129 H1B |
Nonimmigrant Specialty Occupation Worker |
6 months or less |
Number 1
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
USCIS recently updated the following form(s):
Update to Form I-602, Application By Refugee For Waiver of Grounds of Excludability12/30/2016 02:00 PM EST
New edition dated 12/19/16. Previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.
Update to Form I-134, Affidavit of Support12/30/2016 01:56 PM EST
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
USCIS posted an update to Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status. The new edition is dated 12/07/16. Starting 02/27/17, USCIS will only accept the 12/07/16 edition. Until then, you can use the 05/10/16 edition.
For more information, please visit Forms Updates page.
I would like to share with you an information that you might be able to add to the 'Interim EAD Issuance Policy' section. Yesterday, I went to the Orlando, FL office to get my interim EAD. They told me that I had to mail in my request to their office. What they want really is for us to sent them, by mail, another I-765 application, write INTERIM on top of it, attach the I-765 and I-485 receipt and sent it to them by mail.
When new fees for most USCIS forms went into effect on December 23, 2016, USCIS published updated versions of the forms at uscis.gov/forms. USCIS strongly encourages customers to submit these new versions, which are updated with the new fees and have an edition date of 12/23/16.
ICE updated its list of Student and Exchange Visitor Program approved schools.
On December 23, 2011, the President signed into law the Consolidated Appropriations Act, 2012. The legislation contains language prohibiting the Department from implementing the Wage Rule during the 2012 fiscal year. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after October 1, 2012. The Final Rule is accessible here.
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds its customers that the open re-registration period for Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua ends on Jan. 5, 2012.
Secretary of Homeland Security Janet Napolitano extended TPS for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.
USCIS published information on the number of Form N-400s pending between October 2009 and October 2011, including office locations, receipts, approvals, denials, and cases pending by fiscal year, as well as service-wide average cycle times.
USCIS executive summary from the 11/2/11 teleconference regarding the adjudication of J-1 Exchange Visitor waivers of the two-year foreign residence requirement.
USCIS reminds the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.
USCIS announced its limitation-of-stay requirements under a final rule that became effective on Jan. 17, 2009.
The agency granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry’s prior exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman
Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
Number 41
Volume IX
Washington, D.C.