TPS Designations for Nepal and Honduras Will Continue
Today, May 10, 2019, the Department of Homeland Security provided a notice in the Federal Register about their decision not to terminate the Temporary Protected Status designation of Honduras and Nepal.
Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS status, pending the resolution of the case Ramos v. Nielsen and any appeals that follow.
On August 8, 2018, DHS issued a policy memorandum directing USCIS to change the way in which the agency counted the days of unlawful presence for F, M, and J status violators.
Under that policy memorandum, F, M, and J nonimmigrants who accrued more than 180 days of unlawful presence during a single stay, and then departed the United States, would trigger either a 3- or 10-year bar to admission depending on the period of unlawful presence accrued in the United States prior to departure. The new policy would begin counting the days of unlawful presence the day after an F, M, or J status violation, unless an exception applied.
These bars would prevent the foreign national from applying for an immigration benefit in the future, without the approval of a waiver of inadmissibility.
This policy was to become effective on August 9, 2018; however, it quickly grew controversial and inspired a slew of lawsuits. Prior to this attempted policy change, USCIS did not begin counting a period of unlawful presence until a USCIS immigration official or immigration judge made a formal finding of a status violation.
The White House recently issued a Presidential Memorandum to strengthen asylum procedures and safeguard the asylum system against fraud.
The Presidential Proclamation specifically orders the Attorney General and Secretary of Homeland Security to take several measures to enhance the security of the asylum system by July 28, 2019.
These measures require the Attorney General and Secretary of Homeland Security to enact proposals and/or regulations that would:
On April 22, 2019, the White House issued a memorandum seeking to curb the high rates of nonimmigrant overstays for nationals from certain countries.
Specifically, the memorandum identifies aliens who overstay their period of lawful admission under the terms of their visa or Visa Waiver Program.
The memorandum instructs the Secretary of State to identify conditions that contribute to the high rates of overstay of nationals from countries in which the total overstay rate is greater than 10 percent in the combined B-1/B-2 nonimmigrant visa category, based on the DHS 2018 Entry/Exit Overstay Report.
Within 180 days, the President has instructed the Secretary of State, Attorney General, and Secretary of Homeland Security to come up with a plan to curb B-1/B-2 visa overstay rates with respect to identified countries of interest. Such a plan may include the suspension or limited entry of individuals of those countries holding B-1 or B-2 visas, targeted suspension of visa issuance for certain nationals, limits to duration of admission, etc.
We are pleased to announce very exciting news for our Israeli clients. The U.S. Embassy in Israel has announced the implementation of the U.S. E-2 Investor Visa Program for Israeli nationals, beginning May 1st.
Our Israeli clients have been waiting for this opportunity for years and we are very happy to tell you that you will now have the opportunity to apply for the E-2 visa as an Israeli national, beginning May 1st.
The E-2 investor visa is a non-immigrant temporary visa that allows foreign nationals from participating countries to invest in the creation of a new business, or in an existing business. The E-2 visa applicant can apply for the E-2 visa to develop, direct, or provide their specialized skills to the company they are investing in.
To qualify for a Treaty Investor (E-2) visa:
Requirements
Exciting news H-1B FY 2020 Filers!
Yesterday USCIS announced that on April 10, 2019, the computer-generated lottery was conducted to select enough petitions to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2020.
In accordance with the new H-1B regulation, USCIS first conducted the selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those that may have been eligible for the advanced degree exemption. USCIS then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions.
In total, USCIS has announced that the agency received 201,011 H-1B petitions during the filing period that began on April 1st, including petitions filed for the advanced degree exemption.
On April 5th, USCIS announced that the agency had received enough petitions to reach the regular cap of 65,000 visas.
What happens next?
Our office will begin to receive the receipt notices for petitions that were selected in the lottery within the coming weeks. Petitioners should keep a close eye on their bank accounts to see whether USCIS has charged the filing fees to the account. If the fees were charged, then your petition was selected in the lottery.
Today, April 5, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the Secretary of Homeland Security is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2019, through November 2, 2020. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2020, so long as they otherwise continue to meet the eligibility requirements for TPS.
Current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019 and June 4, 2019.
All applicants must submit Form I-821, Application for Temporary Protected Status and request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date.
Today, USCIS will begin accepting H-1B petitions subject to the FY 2020 cap. Any FY 2020 cap-subject H-1B petitions filed before April 1st will be rejected.
Beginning today, 65,000 H-1B visas will be available for the regular cap, and 20,000 H-1B visas for advanced degree holders.
Selection
Important changes will be implemented for the H-1B cap selection process.
In January, the Department of Homeland Security announced a final rule amending regulations governing cap-subject H-1B petitions, including those that may be eligible for the advanced degree exemption.
The final rule reverses the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, which will be in effect for the FY 2020 cap season.
USCIS will first select H-1B petitions submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption.
Premium Processing Available for COS Cap Subject H-1B Petitions Only
Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.
The start of the FY 2020 H-1B cap season begins on April 1, 2019. This year, USCIS will offer premium processing services in a two-phased approach to avoid temporary suspension of the service.
Change of Status H-1B Cap Petitions
Starting April 1, FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker, may request premium processing by concurrently filing Form I-907, Request for Premium Processing Service.
However, to prioritize data entry for cap-subject H-1B petitions, USCIS will not begin premium processing for these petitions immediately.
USCIS will begin premium processing for these petitions no later than May 20, 2019 and will notify the public before premium processing begins for these petitions.
If a petitioner does not file Form I-907 concurrently with an FY 2020 H-1B cap-subject petition requesting a change of status, the petitioner must wait until premium processing begins to submit Form I-907.
All Other FY 2020 Cap-Subject Petitions
Premium processing services for all other FY 2020 cap-subject H-1B petitions will not begin until at least June 19, 2019. Cap-subject petitioners who are not requesting a change of status may not submit their premium processing request concurrently with their H-1B petition. These petitioners will be eligible to upgrade to premium processing once premium processing begins for this group. USCIS will notify the public with a confirmed date for premium processing for cap-subject petitioners not requesting a change of status. Continue reading
USCIS Issues Notice Extending TPS Designation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador
In compliance with a court ordered preliminary injunction issued in the case Ramos v. Nielsen, USCIS has issued a notice formally announcing the automatic extension of TPS documentation for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador until January 2, 2020.
Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.
DHS has further announced that it is automatically extending through January 2, 2020, the validity of TPS related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (‘‘TPS-Related Documentation’’), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise eligible for TPS.
TPS for these countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits such terminations.
Venezuelan Immigrant Visa Processing
The Department of State recently announced that the U.S. Embassy in Bogota, Colombia is now the designated primary site to process immigrant visas for residents of Venezuela. Beginning April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. Appointment notices for all future immigrant visa interviews will take place at the U.S. Embassy in Bogota.
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