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.
This report contains information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
My J-1 at Cornell Psychology Department expired on Aug 31 2011 after 5 years. Currently I'm spending my grace period. I'm exempt from the 2 years rule. I was wondering if it could be further extended. If not, would it be possible for my department to issue a new DS-2019 (J1) instead? I have only been working here for about a year and have been at a different university before.
Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.
USCIS seeks your input on the draft memoranda listed below. These memoranda are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memoranda do not constitute agency policy in any way or for any purpose.
USCIS policy memo providing guidance about the extension of status for T and U nonimmigrant visas , including any related adjustment of status applications.
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
U.S. Citizenship and Immigration Services (USCIS) announced that it has revised Form I-914, Application for T Nonimmigrant Status (edition date 3/30/09). Previous editions of Form I-914 will be accepted for 30 days. The final date USCIS will accept previous editions of Form I-914 is June 6, 2009.
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
Congress passed the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) in order to provide:
In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting.
USCIS performance data containing information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by office for FY2002 to FY2012.
Please check the attachment to view T and U visa statistics.
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
31 March 2022
Forms |
Response Time |
Premium Processing Fee |
Expected Implementation Time |
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Most Form I-140 EB-1, EB-2, and EB-3 petitions |
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
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USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
11/03/2022 09:50 AM EDT
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.