 |
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
Green Cards (Common)
National Interest Waivers
Extraordinary Ability
Professors & Researchers
Executives & Managers
PERM
Labor Certification
Investors (EB-5 visas)
Family (Spouse, etc.)Work Visas (Common)
H-1B Professionals
L-1 Transferees
O-1 Extraordinary Ability
TN Canadians & MexicansAnswers for--
Employers
Researchers
J-1 Visa Holders
Nurses & Physical
Therapists
Physicians
How We Can Help
|
greencardlawyers.com > immigration news
Immigration NewsRead the latest news and information about immigration issues that may affect you. We provide short summaries of important announcements, news, and articles about U.S. immigration law and procedures. Many have links to more information on the topic of the news summary. Mar. 11, 2016 U.S. Department of Homeland Security Amends Rule to Allow 24-Month Extension for STEM OPT Students The Department of Homeland Security (DHS) is amending its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. The final rule allows STEM students who are pursuing 12 months of OPT in the U.S. to extend their OPT by 24 months, replacing the previous 17-month STEM OPT extension. DHS said the amended rule also increases oversight over STEM OPT extensions, including requiring employers to implement formal training plans, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools. As with the prior 17-month STEM OPT extension, the rule authorizes STEM OPT extensions only for students employed by employers who participate in E-Verify. The rule also includes the "Cap-Gap'' relief first introduced in a 2008 DHS regulation for any F-1 student with a timely filed H-1B petition and request for change of status. This rule is effective May 10, 2016. Jan. 23, 2016 U.S. District Court Extends Stay of STEM OPT Rule Vacatur for Additional 90 Days The U.S. District Court for the District of Columbia has granted the Department of Homeland Security's December 22, 2015, motion and ordered that its vacatur of the 17-month STEM OPT extension rule be further stayed from its original deadline of February 12, 2016, until May 10, 2016. In its opinion, the court rejected the argument of the plaintiff, the Bellevue-based Washington Alliance of Technology Workers ("WashTech"), that it did not have jurisdiction to grant the requested relief. In light of the "unexpected and unprecedented" 50,500 public comments received in response to DHS's October 19, 2015, Notice of Proposed Rulemaking, the court also found these "extraordinary circumstances" warranted modifying the court's previous order pursuant to Federal Rule of Civil Procedure 60(b)(6). In August 2015, the court struck down DHS's 2008 STEM OPT extension rule on the grounds that the agency had not provided proper notice and a public comment period prior to instituting the rule. The court's extension provides another 90 days for students on F-1 visas with STEM degrees (science, technology, engineering or mathematics) to extend their OPT (optional practical training) under the 2008 rule. Dec. 28, 2015 U.S. Department of Labor Releases Foreign Labor Certification Annual Report for FY2014 The U.S. Department of Labor's Office of Foreign Labor Certification (OFLC) released its annual report for Fiscal Year 2014 on the prevailing wage determination process, permanent labor certification, and temporary nonimmigrant labor certification. The report also contains state employment-based immigration profiles as well as profiles of the top five employment-based permanent immigration countries. Dec. 22, 2015 U.S. Department of Homeland Security Asks Court to Provide More Time for Rule Extending STEM OPT The U.S. Department of Homeland Security (DHS) filed a motion in federal court on December 22, 2015, requesting the court extend its stay of vacatur of a 2008 DHS rule that allows some F-1 nonimmigrant students on optional practical training (OPT) to extend their OPT. If the motion is granted, DHS's 2008 interim final rule would remain in effect another 90 days, until May 10, 2016, allowing F-1 students with degrees in science, technology, engineering or mathematics (STEM) to extend their OPT for 17 months. DHS filed the motion to give the government more time to review more than 43,000 comments that the agency received in response to its October 19, 2015, Notice of Proposed Rulemaking. In August 2015, the U.S. District Court for the District of Columbia struck down DHS's 2008 STEM OPT extension rule on the grounds that the agency had not provided proper notice and a public comment period prior to instituting the rule. The judge stayed the order until February 12, 2016, in order to give DHS time to submit the rule for proper notice and comment. Nov. 13, 2015 U.S. Citizenship and Immigration Services Announces Green Card Filing Dates for December 2015a> U.S. Citizenship and Immigration Services has posted new information on its website regarding which dates green card applicants must use from the U.S. Department of State's December 2015 Visa Bulletin to file their applications, as follows:
Sept. 25, 2015 Department of State Pushes Back Green Card Filing Dates in Revised October Visa Bulletin On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supercedes the bulletin for October 2015 that DOS originally published on Sept. 9, 2015. Following consultations with the Department of Homeland Security (DHS), the dates for filing Adjustment of Status (green card) applications have been moved back for some categories in the family-sponsored and employment-based preferences. In coordination with DOS, U.S. Citizenship and Immigration Services will rely on the revised bulletin when considering whether an individual is eligible to file an adjustment application on or after October 1, 2015. The notable change is that the revised visa bulletin now includes two charts per visa preference category, as follows:
Aug. 12, 2015 U.S. District Court Rejects Department of Homeland Security Rule Extending STEM OPT A federal court has struck down a rule that allowed a category of students on F-1 visas to extend their post-graduation period of optional practical training (OPT). The order vacates an April 2008 interim final rule by the Department of Homeland Security (DHS) that allowed F-1 nonimmigrants with degrees in science, technology, engineering or mathematics (STEM) to extend their OPT by 17 months. The decision, issued August 12, 2015, by the U.S. District Court for the District of Columbia, holds that the STEM OPT extension rule is invalid because DHS did not provide proper notice and a public comment period prior to instituting the rule. The decision should have no immediate impact on STEM OPT extensions, however: The judge stayed the order until February 12, 2016, to give DHS time to submit the rule for proper notice and comment. Prior to April 2008, students on F-1 visas could only be authorized for 12 months of OPT, which had to be completed within 14 months of students finishing their course of study. The lawsuit was brought by the Bellevue, Washington-based Washington Alliance of Technology Workers (“WashTech”), a union formed in 1998 by Microsoft contract workers. Aug. 11, 2015 U.S. Immigration and Citizenship Services Cautions Regional Centers Regarding Naming Conventions The United States Citizenship and Immigration Services' (USCIS) Public Engagement Division recently cautioned EB-5 regional centers and related commercial enterprises to refrain from using phrases such as “United States,” “U.S.,” “US” or “Federal” within their names. Such practices may falsely imply a relationship with USCIS, the Department of Homeland Security (DHS), or the federal government, in violation of 15 U.S.C. §§ 45 and 52. Further, any financial sector business using words such as “Federal” or “United States” in its advertising may be deemed as falsely indicating or misusing a federal agency name in violation of 18 U.S.C. § 709. The Immigrant Investor Program Office (IPO) may refer entities with questionable names or practices to the Federal Trade Commission or the Department of Justice for further action. USCIS also prohibits regional centers from using USCIS/DHS logo images on their websites and marketing/promotional materials without permission. See 18 U.S.C. § 701. As part of the I-924A process, USCIS will review such websites and materials for inappropriate branding. USCIS wants to make clear that mere regional center designation does not connote any federal support or affirmation of the regional center or any associated investments. Thus, regional centers and related commercial enterprises should steer clear of questionable naming practices and misuse of government logos, so as to not confuse the public and potential investors. Otherwise, they may face ramifications of violating federal laws. Currently, USCIS is issuing communications to regional centers and projects that do not comply with the aforementioned naming convention, as stated in the last stakeholder meeting on August 13, 2015. All EB-5 practitioners should alert their regional center clients that they may receive a Request for Clarification if their names contain the prohibited terms. In addition, EB-5 practitioners should warn their clients to review their project materials and web sites to ensure compliance with the rules against usage of the USCIS/DHS logo images, and to ensure that they do not use the prohibited terms with consideration to filing fictitious business names. Regional centers and projects should amend the articles of the legal entities involved appropriately. Apr. 13, 2015 Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, announced that effective May 1, 2015, the EB-5 visa category for those born in the People's Republic of China will become backlogged to May 1, 2013, which amounts to a waiting line of exactly two years (not counting the time that currently pending I-526 petitions have already been in the processing queue at the United States Citizenship and Immigration Services (USCIS). Mr. Oppenheim made his announcement during a panel presentation on April 13, 2015 at the 8th Annual IIUSA EB-5 Regional Economic Development Advocacy Conference in Washington, DC. IIUSA (Invest in the USA) is the national trade association of EB-5 regional centers, comprising more than 220 USCIS-designated EB-5 regional centers nationwide. (Other worthy news from the conference is that Peng & Weber Co-Founder and Partner, Cletus M. Weber, was elected to a three-year term on the IIUSA Board of Directors.) Mr. Oppenheim’s announcement was generally expected, based on his prior announcements that such a cut-off date was inevitable, but it arrived a month earlier than he originally anticipated about 8 months ago, and the cut-off date itself was two months longer than he previously anticipated. Informally, he stated further that he expected the cut-off date to remain approximately around May 1, 2013 through the next few months with it then starting to move forward somewhat starting in July or August, as the end of this federal fiscal year approaches. Overall, Mr. Oppenheim also indicated that he thought the backlog would continue to grow progressively longer in the future, based on projections of past growth and current demand. He also expects an upward bump in demand later this summer, which commonly occurs toward the end of federal fiscal years in which the EB-5 Regional Center is set to expire and is up for renewal. The China-born EB-5 visa backlog has no effect on EB-5 investors born in Taiwan, Hong Kong, Macau, or elsewhere in the world. It also has no effect on EB-5 visa applicants born in mainland China but currently married to a spouse who was born elsewhere in the world because such a spouse allows the EB-5 investor from mainland China to "borrow" his or her spouse's country of birth through an immigration concept known as "cross-chargeability." For more information, please see our report (in pdf) on "How Should China-Born EB-5 Investors Respond to the News of EB-5 Retrogression Starting on May 1, 2015? Sep. 10, 2014 USCIS hosts Quarterly EB-5 Stakeholders Teleconference September 10, 2014 On September 10, 2014, USCIS held a quarterly EB-5 stakeholder engagement teleconference to discuss EB-5 program developments. Mr. Nicholas Colucci, Chief of the Immigrant Investor Program, emphasized the continuing growth of the EB-5 program, noting that USCIS has been "exceptionally busy" adjudicating petitions and applications as well as hiring and training new team members. According to Mr. Colucci, USCIS received nearly 8,000 I-526 petitions in the first 8 months of calendar year 2014, which is twice the number received in the same 8-month period last year. He said the Immigrant Investor Program Office (“IPO”) currently has 83 employees, with an additional 10-12 to start before mid-October, and that its goal is to have 110 staff members by December 31, 2014. Mr. Colucci mentioned the current EB-5 form processing times (13.3 months for I-526 petitions, 7.6 months for I-829 petitions, and 7.1 months for I-924 applications), and added that the IPO plans to improve processing times through hiring additional adjudicators and staff members. The IPO also plans to issue an annual report by the end of this year with EB-5 statistics and program-related information, and USCIS is working with the Department of Commerce to complete a report by next summer regarding the economic impact of the EB-5 program, he said. Regarding China EB-5 visa unavailability for the rest of fiscal year (FY) 2014, IPO Deputy Chief Julia Harrison stated that it will have “very minimal impact” on EB-5 petitioners already in the pipeline. She said that there would be “no change” in USCIS’s receipt and processing of EB-5 related petitions and applications, except for a slight change in the processing of I-485 (adjustment of status) applications. For I-485 applications filed by China-born EB-5 investors during September 2014, USCIS will hold final adjudication of those applications until China EB-5 visa numbers become available again on October 1, 2014, at the beginning of FY 2015. (In other words, they will hold such China-based I-485 applications for only a few weeks before they go back into processing them again on October 1, 2014.) As to future China EB-5 visa retrogression, Ms. Harrison noted that USCIS has not received a confirmation from the Department of State of when or to what extent retrogression will occur in FY 2015, although USCIS does have an expectation that visas for China will likely become unavailable again in FY 2015 earlier than they did in FY 2014. When asked whether USCIS would consider expediting pending I-526 petitions of Chinese investors with older children who are now over 21 and at risk of losing “child” status in the future visa retrogression, Ms. Harrison said that USCIS is still discussing what it will do in various scenarios if China EB-5 visas become unavailable. As to the EB-5 program generally, USCIS is still working on updating the EB-5 regulations based on feedback from the public
and comment from other federal agencies related to the EB-5 program, according to Mr. Colucci.
Aug. 23, 2014 Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, announced that effective immediately the EB-5 visa category for those born in the People's Republic of China has become "unavailable" for the remainder of Fiscal Year 2014 (essentially August and September of 2014). Mr. Oppenheim made his announcement during a presentation at the 2014 EB-5 Investors & Regional Centers CLE Conference of the American Immigration Lawyers Association (AILA) in Chicago on August 23, 2014. The short-term implications of Mr. Oppenheim’s announcement are not particularly worrisome, but his predictions for the longer term do not bode well for EB-5 investors born in mainland China. Specifically, he predicted that EB-5 visa backlogs will become a persistent, long-term problem starting around May 2015, when the U.S. Department of State is expected to impose an EB-5 visa cut-off for Chinese investors of approximately two years. Mr. Oppenheim also indicated that he thought that backlog would continue to grow in the future, based on projections of past growth. The backlog has no effect on EB-5 investors born in Taiwan,
Hong Kong, Macau, or elsewhere in the world. It also has no effect on EB-5
visa applicants born in mainland China but currently married to a spouse who
was born elsewhere in the world, because such spouse allows the EB-5 investor
from mainland China to "borrow" his or her spouse's country of birth through
an immigration concept known as "cross-chargeability." Oct. 10, 2013 USCIS Warns of Fraudulent EB-5 Investment Scams that Exploit the Immigrant Investor Program U.S. Citizenship and Immigration Services (USCIS) in conjunction with the
U.S. Securities and Exchange Commission (SEC) announced today that potential EB-5 investors should be
very careful in reviewing and selecting an appropriate investment with respect to their attempt
to obtain U.S. permanent resident status (i.e., a green card) through the EB-5 Immigrant
Investor Program. Sep. 1, 2013 U.S. Department of State announced today that
it is replacing the old paper-based DS-230 form with a new electronic form called the DS-260. This form is used
by foreign nationals who are applying for U.S. permanent resident status (i.e., green card status) from overseas. Apr. 08, 2013 USCIS Reports that FY2014 H-1B Quota Has Been Reached on April 5, 2013 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has received enough H-1B petitions as of April 5, 2013 to reach the
Fiscal Year 2014 (FY2014) visa quota of 65,000. Jun. 12, 2012 USCIS Reports that FY2013 H-1B Quota Has Been Reached on June 11, 2012 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has received enough H-1B petitions as of June 11, 2012 to reach the
Fiscal Year 2013 (FY2013) visa quota of 65,000. Nov. 23, 2011 USCIS Reports that FY2012 H-1B Quota Has Been Reached on November 22, 2011 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has received enough H-1B petitions as of November 22, 2011 to reach the
Fiscal Year 2012 (FY2012) visa quota of 65,000. Jan. 27, 2011 USCIS Reports that FY2011 H-1B Quota Has Been Reached on January 27, 2011 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has received enough H-1B petitions as of January 26, 2011 to reach the
Fiscal Year 2011 (FY2011) visa quota of 65,000. Dec. 21, 2009 USCIS Reports FY2010 H-1B Cap Has Been Reached on December 21, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has so far received enough H-1B petitions to meet the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means
there are no more H-1B visa numbers available for FY2010. Nov. 27, 2009 USCIS Reports FY2010 H-1B Numbers Reach 58,900 on November 27, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has so far received 58,900 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means
approximately 6,100 H-1B visa numbers are still available for FY2010, as of November 27. June 22, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today
that effective June 29, 2009, it will resume Premium Processing Service for most (but not all) I-140
Immigrant Petitions. This will include I-140 petitions in the following categories:
EB-1A Aliens with Extraordinary Ability, EB-1B Outstanding Professors or Researchers,
EB-2 Members of Professions with Advanced Degree or Exceptional Ability (but
not for national interest waiver petitions), EB-3 Professionals, EB-3 Skilled Workers,
and EB-3 Workers other than Skilled Workers and Professionals.
Unfortunately, USCIS stated that it will not provided premium processing
services for I-140 petitions for EB-1C Multinational Executives or Managers or for National
Interest Waivers. April 20, 2009 USCIS Reports FY2010 H-1B Numbers Reach 44,000 on April 20, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has so far received 44,000 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means
approximately 21,000 H-1B visa numbers are still available for FY2010, as of April 20. USCIS also announced that
even though it has already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000
H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S.
institution of higher education, it is still accepting those petitions as well. (If USCIS receives more than 20,000 U.S. Master's Degree petitions, those petitions
may still be eligible for the "regular" 65,000 cap as long as the petition was filed before USCIS conducts the
lottery for the regular cap.) April 9, 2009 USCIS Reports FY2010 H-1B Reach 42,000 on April 9, 2009 U.S. Citizenship and Immigration Services (USCIS) announced today that
it has received only 42,000 H-1B petitions for the Fiscal Year 2010 (FY2010) visa quota of 65,000. This means
approximately 23,000 H-1B visa numbers are still available for FY2010, as of April 9. USCIS also announced that
it had already received approximately 20,000 U.S. Master's Degree H-1B petitions, which are eligible for the 20,000
H-1B cap exemptions that are reserved every year for beneficiaries who earned their advanced degree from a U.S.
institution of higher education. (If USCIS receives more than 20,000 U.S. Master's Degree petitions, those petitions
may still be eligible for the "regular" 65,000 cap as long as the petition was filed before USCIS conducts the
lottery for the regular cap.) March 12, 2009 EB-5 Immigrant Investor Pilot Program Extended U.S. Citizenship and Immigration Services (USCIS) announced today that
Congress and President Obama have extended the Immigrant Investor Pilot
Program through September 30, 2009. The extension is included in the “Fiscal
2009 Omnibus Appropriations Bill,” H.R. 1105. (EB-5 is the "million dollar"
investor green card.) Feb. 24, 2009 USCIS Opens "Premium Processing" Service for Some (But Not All) Form I-140 Petitions U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. Currently, only certain beneficiaries who are in H-1B nonimmigrant status at the time of filing may request premium processing for Form I-140. Specifically, beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for I-140 petitions filed on behalf of beneficiaries who, as of the date of filing the Form I-907:
Dec. 19, 2008 On December 19, 2008, U.S. Department of Homeland Security (DHS) issued a final rule in the Federal Register requiring all U.S. lawful permanent residents (i.e., green card holders) to comply with the reporting requirements of the US-VISIT program. For a complete copy of the new rule, please see the December 19, 2008 issue of the online version of the Federal Register. Oct. 16, 2008 USCIS to Grant TN Status for 3 Years Instead of for Only 1 Year On October 16, 2008, U.S. Citizenship and Immigration Services (USCIS) issued a final rule in the Federal Register stating that for all TN petitions received and approved on or after October 16, 2008, USCIS will grant approvals for the period requested or for a full three years, whichever is less. For a complete copy of the new rule, please see the October 16, 2008 issue of the online version of the Federal Register. May 10, 2008 NCES CIP Codes for STEM Degrees For the list of Classification of Instructional Programs codes published by the National
Center for Education Statistics (NCES CIP codes) that have been designated by ICE as science, technology,
engineering, or math (STEM) degrees for the purpose of approving a 17-month STEM extension of optional
practical training (OPT), click here.
May 10, 2008 USCIS Runs H-1B Lottery on April 14, 2008 USCIS announced that it conducted the FY 2009 H-1B lottery
on April 14, 2008. For more information, click
here. April 30, 2008 USCIS Announces FY2009 H-1B Caps Reached UPDATE The USCIS Update of April 8, 2008, reporting that both the regular FY2009 H-1B
cap and the 20,000 cap for advanced degree graduates have been reached, is available
here
April 30, 2008 ~DHS Announces Interim Final Rule Extending OPT for Qualified Students
April 13, 2008 USCIS Announces FY2009 H-1B Caps Reached On 4/08/08 U.S. Citizenship and Immigration Services (USCIS) announced that it
has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year
2009.
Mar. 01, 2008 USCIS Releases Updated Background Check Q & As On 2/28/08 USCIS released updated background check Q & As. The policy update is followed by
the first draft of the Q & As released on 2/20/08.
Feb. 24, 2008 More on Processing of Adjustment Applications Service Center Operations (SCOPS) liaison has confirmed that the service centers are
conducting "sweeps" to find adjustment of status cases that can be reviewed for adjudication under the
changes in background check procedures announced by USCIS on February 4, 2008. AILA national has asked
USCIS HQ for information on processing of adjustment of status cases at local offices that can be
reviewed under the same memo, and many chapters have already contacted local USCIS offices for further
information on local processing.
Feb. 24, 2008 This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance
regarding background and security checks on applicants, petitioners, and beneficiaries seeking
certain immigration benefits.
Jan. 13, 2008 Visa Bulletin for February 2008 - EB-2 for India Unavailable Effective Immediately Section D of the Department of State February 2008 Visa Bulletin addresses the unavailability
of employment-based second preference visas for India, effective immediately.
greencardlawyers.com > immigration news
|
|
