This is the latest release from USCIS. I think they are misreading the fees requirement. The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry). The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees. We will wait and see if this clarified
Effective Monday December 21, 2015, per the Fiscal Year 2016 Consolidated Appropriations Act, the U.S. Consulate in Chennai will begin collecting an additional (U.S. dollar) $4,500 per application for all new Blanket L-1 applications.
An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”). Historically, it has been difficult to obtain L-1A for functional managers. USCIS is more esily convinced where professional employees are being managed.
USCIS published an update to Form I-751, Petition to Remove Conditions on Residence. The new edition is dated 11/23/15.
Starting 02/29/16, USCIS will accept only the 11/23/15 edition. USCIS will not accept editions dated 04/13/13 or earlier after that date. The edition date can be found at the bottom of every page on the form and instructions.
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009.
USCIS recently began transferring certain casework from the Vermont Service Center (VSC) to the California Service Center (CSC) and Nebraska Service Center (NSC) to balance workloads. The CSC will now process Form I-539, Application to Extend/Change Nonimmigrant Status.
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Note: Updated all of the regulations comments on 31 December 2015. I will keep adding, as needed.
Starting January 1, 2016, customers who wish to file Form I-290B, Notice of Motion or Appeal, in response to a decision on their Form N-600 or N-600K must mail their Form I-290B to the Chicago Lockbox. USCIS will no longer accept these forms at local field offices.
Customers should mail their Form I-290B for Form N-600 or N-600K to:
| 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 |
This guidance provides you with some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, USCIS has included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
For more visit this USCIS link: Understanding H-1B Requirements
The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.
Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account.
From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.
Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in employment-based immigration programs is a priority for USCIS.
USCIS recently updated the following form:
For more information, please visit Forms Updates page.
WASHINGTON – The U.S. Department of Labor announced plans to protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight.
Release Date: April 5, 2017
342 Dirksen Senate Office Building
Mr. Chairman, Ranking Member McCaskill, and distinguished Members of the Committee:
It is a great honor and privilege to appear before you today to discuss the Department of Homeland Security’s (DHS) crucial missions of protecting the homeland and securing our nation’s borders. During the past 45 years, I have been privileged to serve this nation as both an enlisted Marine and an officer. I am humbled to once again answer the call to serve, this time with the men and women of DHS.
On April 17, 2017, the Potomac Service Center (PSC) will begin handling corrections to Employment Authorization Documents (EADs) that were issued by the PSC that may have incorrect information due to USCIS error. Previously customers were instructed to send EAD’s issued by the PSC to the Nebraska Service Center to be corrected.
How to Request an EAD Correction
USCIS recently updated the following form:
For more information, please visit Forms Updates page.
Release Date: April 7, 2017
WASHINGTON - U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s cap.
The agency will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.