Thursday, March 30, 2017
Monday, March 27, 2017
EB-5 & Other USCIS Timelines For March 2017
For more information about the EB-5 program, please contact the JQK Law Firm at
(310) 582-5904 or info@jqklaw.com
Form I-526 (Immigrant Petition by Alien Entrepreneur)
Form I-829 (Petition by Entrepreneur to Remove Conditions)
Form I-924 (Application for Regional Center)
Click here for other USCIS Processing times,
Click here for Asylum Processing Times,
Click here for AAO Processing times,
Click here for Department of Labor processing times and information on backlogs,
Click here for Department of State Visa Bulletin,
Click here for Visa application Wait Times for Various Posts,
Click here for When to Expect Your Green Card.
Click here for AAO Processing times,
Click here for Department of Labor processing times and information on backlogs,
Click here for Department of State Visa Bulletin,
Click here for Visa application Wait Times for Various Posts,
Click here for When to Expect Your Green Card.
Sunday, March 26, 2017
Saturday, March 25, 2017
Friday, March 24, 2017
Thursday, March 23, 2017
USCIS Reminder: Form I-601A, Application for Provisional Unlawful Presence Waiver
From USCIS:
| Dear Stakeholder, In recent weeks, we have seen an increase in rejections of Forms I-601A, Application for Provisional Unlawful Presence Waiver. If you are requesting a provisional unlawful presence waiver, you must file the current version of Form I-601A with the proper fee(s) and in accordance with the form instructions. When submitting Form I-601A, please make sure you:
or
Note: Documents such as the Immigrant Visa Application Processing Fee Bill Invoice, Affidavit of Support (AOS) Fee receipt or a receipt showing the payment is in process are not accepted and could cause delays in processing your case. Find information on how to obtain your immigrant visa fee receipt on the DOS website at immigrantvisas.state.gov.
For more information on the provisional waiver of unlawful presence, please visit our Provisional Waiverand Form I-601A, Application for Provisional Unlawful Presence Waiver web pages. |
Wednesday, March 22, 2017
USCIS Guidance to Civil Surgeons Regarding Form I-693 Gonorrhea Testing Requirement
From USCIS:
Dear Civil Surgeon,
Effective Aug. 1, 2016, the Centers for Disease Control and Prevention (CDC) issued new Technical Instructions that require gonorrhea testing for most adjustment of status applicants 15 years of age and older who are required to have a full medical examination when they file Form I-485, Application to Register Permanent Residence or Adjust Status.
If the applicant’s Form I-693, Report of Medical Examination and Vaccination Record, was completed before Aug. 1, 2016, they do not need to report results of such testing, and officers should not issue a Request for Evidence. A Form I-693 is considered completed on the date the civil surgeon signs the form’s certification statement. (See USCIS Policy Manual Volume 8--Admissibility, Part B. Health-Related Grounds of Inadmissibility, Chapter 4--Review of Medical Documentation, C.--Documentation Completed by Civil Surgeon, 3.--Signatures.)
Who Must Be Tested for Gonorrhea
While most adjustment of status applicants 15 years of age and older must be tested for gonorrhea, certain applicants are exempt from having to submit a full medical examination and do not need to be tested. (SeeUSCIS Policy Manual Volume 8--Admissibility, Part B. Health-Related Grounds of Inadmissibility, Chapter 3—Applicability of Medical Examination Vaccination Requirements, A. Requirements by Benefit Type.)
The following applicants may submit Form I-693 with only a completed Vaccination Record (and the information/signature sections for the applicant and civil surgeons), provided they had a medical examination abroad in which the panel physician did not identify a Class A condition:
- Refugees.
- Derivative asylees who file an adjustment application within one year of becoming eligible to file.
- K and V nonimmigrants who file an adjustment application within one year of the medical examination abroad.
The chart below summarizes who must be tested and who does not.
If the applicant…
|
And the applicant is…
|
Does the applicant need to be tested for gonorrhea?
|
Is required to receive a full medical examination
|
15 years of age or older
|
Yes
|
Younger than 15 years of age
|
Only if there is a history of gonorrhea or reason to suspect an infection with gonorrhea.
| |
Is not required to receive a full medical examination
|
Any age
|
No
|
How Do Civil Surgeons Complete Form I-693 to Report Gonorrhea Testing Results?
Civil surgeons will report the results of required gonorrhea testing differently, depending on which version of Form I-693 they use.
Current Version of Form I-693
The Office of Management and Budget recently approved a new version of Form I-693, showing a version date of Feb. 7, 2017, with expiration date of Feb. 28, 2019.
Civil surgeons using this latest version of Form I-693 report the results of gonorrhea testing in new Part 7, Section C.
Previous Version of Form I-693
The previous version of Form I-693 (March 30, 2015, with expiration date of March 31, 2017) did not contain a separate section for reporting results of gonorrhea testing. As a result, the CDC issued Technical Instructions directing civil surgeons to complete the form as follows:
- In the Remarks section of Part 5, Civil Surgeon Worksheet, Section C, Other Class A/Class B Conditions for Communicable Diseases of Public Health Significance, civil surgeons should record the type of screening test used and the positive or negative result of the gonorrhea screening.a. If the results are negative, check the “No Class A/B Condition” box in Part 5, Section C.b. If the results are positive and the applicant remains untreated, they have a Class A medical condition. After completing treatment, the condition is reclassified as Class B, and civil surgeons should record this on the Form I-693 by writing “Gonorrhea, Class B” in the Remarks section ofPart 5, Section C.
Note: Civil surgeons may use the previous version of Form I-693 only if they sign and date it on or beforeApril 27, 2017. After that date, they must use the current version of Form I-693.
CDC Rescinds Requirement for Documentation of Gonorrhea Testing
When the CDC issued the Technical Instructions requiring inclusion of gonorrhea testing results in Forms I-693 completed on or after Aug. 1, 2016, it also required civil surgeons to attach all medical documentation such as laboratory reports to the Form I-693, regardless of whether the test results were negative or positive. However, on March 15, 2017, the CDC updated the Technical Instructions to say laboratory reports and other medical documentation do not need to be included with Form I-693. This removal of the documentation requirement applies both prospectively and retroactively, as well as to both the new and previous versions of Form I-693.
As a result of the updated Gonorrhea Technical Instructions, USCIS may adjudicate an adjustment application using an otherwise properly filed and completed Form I-693, regardless of whether or not the civil surgeon attached documentation of gonorrhea testing results.
Kind regards,
U.S. Citizenship and Immigration Services
Tuesday, March 21, 2017
USCIS Message: EB-5 Regional Center Compliance Audits
From USCIS:
Dear Stakeholder,
U.S. Citizenship and Immigration Services (USCIS) announces the launch of an EB-5 Regional Center Compliance Audit Program. Regional center compliance audits are an additional way to enhance program integrity and verify information in regional center applications and annual certifications. These audits will verify compliance with applicable laws and authorities to ensure continued eligibility for the regional center designation.
For example, the audit team:
- Reviews applications, certifications, associated records, and information on the regional center;
- Verifies supporting documents, submitted with the application(s) and in the annual certification(s);
- Conducts site inspections; and
- Interviews personnel to confirm the information provided with the application(s) and annual certification(s).
You can read additional details on the program on our Regional Center Compliance Audit page. Read more about the EB-5 program online at uscis.gov/EB-5.
Sincerely,
USCIS Public Engagement
Monday, March 20, 2017
USCIS Form Updates (I-800A, I-800, I-363)
From USCIS:
- Update to Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country: New edition dated 03/10/17. Starting 05/19/17, USCIS will only accept the 03/10/17 edition. Until then, you can use the 12/23/16 edition.
- Update to Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative: New edition dated 03/10/17. Starting 05/19/17, USCIS will only accept the 03/10/17 edition. Until then, you can use the 12/23/16 edition.
- Update to Form I-363, Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian: New edition dated 03/01/17. Starting 05/19/17, USCIS will only accept the 03/01/17 edition. Until then, you can use previous editions.
Sunday, March 19, 2017
EB-1 Category for China/India Visa Bulletin Filling Up
From AILA:
Check-in with DOS's Charlie Oppenheim: March 14, 2017
On March 9, 2017, the Department of State released the April 2017 Visa Bulletin.
EB-1. EB-1 India and China have already surpassed their per country limits of 2,800 visas, with EB-1 India using more than 9,000 numbers, and EB-1 China using more than 4,500 numbers. Charlie is watching these categories very carefully. As the availability of "otherwise unused" numbers diminishes, a Final Action cut-off date will likely be imposed for both countries at some point this summer.
Practice Pointer: Ensuring Proper Delivery of Your RFE or NOID Response to the Nebraska Service Center
From AILA:
AILA's Nebraska Service Center (NSC) Liaison Committee reminds AILA members of the procedures for properly addressing responses to the NSC for Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). To ensure proper delivery, the committee encourages members to follow NSC's guidance that is outlined below:
Use Color Codes for Responses to Employment Based, I-129, I-140 and U Visa RFEs and NOIDs
NSC advises AILA members to clearly mark the outside of the envelope or packaging containing responses to RFEs and NOIDs with color-coded stripes. This will help ensure that responses to RFEs or NOIDs are properly routed after arriving at NSC.
- Form I-129 and Form I-140 RFE responses submitted by regular processing should be sent in envelopes identified by red
- Form I-129 RFE responses submitted to premium processing should be mailed in envelopes with purple stripes and a note specifying that it is a Form I-129 case.
- Form I-140 RFE responses submitted to premium processing should be mailed in envelopes with blue stripes and a note specifying that it is a Form I-140 case.
- All NOID responses should be sent in envelopes marked by green stripes.
- Form I-918 and Form I-918A RFE responses should be mailed in envelopes with yellow (yellow) stripes.
The color coded stripes should correspond to the stripes on the pre-addressed response envelope included with the RFE. For RFE responses that do not fit in the envelope provided by NSC, attach the envelope to the front of the RFE response.
CBP Says No Policy Change on TNs for Nurses
AILA: http://www.aila.org/infonet/chasing-down-rumors?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily
Saturday, March 18, 2017
Thursday, March 16, 2017
USCIS Reaches the H-2B Cap for Fiscal Year 2017
USCIS Reaches the H-2B Cap for Fiscal Year 2017
USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for fiscal year (FY) 2017. March 13, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
What Happens After Reaching the Cap
Except as noted below, we will reject new H-2B petitions received after March 13 that request an employment start date before October 1, 2017.
Petitions That Are Exempt from the Cap
We will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
USCIS has received a sufficient number of petitions to reach the congressionally mandated H‑2B cap for fiscal year (FY) 2017. March 13, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
What Happens After Reaching the Cap
Except as noted below, we will reject new H-2B petitions received after March 13 that request an employment start date before October 1, 2017.
Petitions That Are Exempt from the Cap
We will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:
- Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
- Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
- Workers performing labor or services from November 28, 2009 until December 31, 2019, in the Commonwealth of Northern Mariana Islands and/or Guam.
Wednesday, March 15, 2017
USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3
From USCIS:
WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected.
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.
Congress set a cap of 65,000 H-1B visas per fiscal year. An advanced degree exemption from the H-1B cap is available for 20,000 beneficiaries who have earned a U.S. master’s degree or higher. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met.
USCIS recently announced a temporary suspension of premium processing for all H-1B petitions starting April 3 for up to six months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. While premium processing is suspended any Form I-907 filed with an H-1B petition will be rejected. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, both forms will be rejected.
H-1B petitioners must follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence. The filing fee for Form I-129 has increased to $460, and petitioners no longer have 14 days to correct a dishonored payment. If any fee payments are not honored by the bank or financial institution, USCIS will reject the entire H-1B petition without the option for the petitioner to correct it.
Form M-735, Optional Checklist for Form I-129 H-1B Filings (PDF, 278 KB), provides detailed information on how to complete and submit an FY 2018 H-1B petition.
For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit the H-1B FY 2018 Cap Season Web page or call the National Customer Service Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired). To subscribe to the H-1B Cap Season email updates go to the H1B FY 2018 Cap Season Web page.
Tuesday, March 14, 2017
El Salvador TPS EADs Extended Through Sept. 9
From USCIS:
The Department of Homeland Security (DHS) previously extended all Employment Authorization Documents (EADs) issued under the Temporary Protected Status (TPS) for El Salvador designation that were expiring on Sept. 9, 2016, to be valid through March 9, 2017, that was a 6-month extension. DHS automatically extended the validity of the previously extended EADs for an additional 6 months, through Sept. 9, 2017, to avoid gaps in work authorization.
Find more details on these automatically extended EADs for beneficiaries of TPS for El Salvador in the Federal Register. Additional information on TPS for El Salvador is available at www.uscis.gov/tps. Employers verifying or reverifying the employment eligibility of employees who are TPS beneficiaries from El Salvador should refer to the Temporary Protected Status page on I-9 Central. Read USCIS Web Alert.
Monday, March 13, 2017
USCIS Form I-918 Update Notice
From USCIS:
| Good afternoon, We recently updated the following USCIS form(s):
03/13/2017 01:38 PM EDT
New edition dated 02/07/17. Starting 05/12/17, USCIS will only accept the 02/07/17 edition. Until then, you can use the 01/15/13, 11/23/10 and 08/31/07 editions.
|
Sunday, March 12, 2017
Saturday, March 11, 2017
Friday, March 10, 2017
Thursday, March 9, 2017
USCIS Will Accept CW-1 Petitions for Fiscal Year 2018 Beginning April 3, 2017
From USCIS:
On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting CW-1 petitions subject to the fiscal year (FY) 2018 cap. Employers in the Commonwealth of the Northern Mariana Islands (CNMI) use the CW-1 program to employ foreign workers who are otherwise ineligible to work under other nonimmigrant worker categories. The cap for CW-1 visas for FY 2018 has not been set, but it is required to be less than the FY 2017 cap, which is currently set at 12,998.
For the FY 2018 cap, an extension petition may request a start date of October 1, 2017, even if that worker’s current status will not expire by that date. We encourage employers to file a petition for a CW-1 nonimmigrant worker up to 6 months in advance of the proposed start date of employment and as early as possible within that timeframe. We will reject a petition if it is filed more than 6 months in advance.
Remember to submit all required documentation, including evidence that you posted the job vacancy announcement on the Department of Labor website.
Important reminder: As of Dec. 23, 2016, the new filing fee for a CW-1 petition is $460. A petitioning CNMI employer must also pay the required education fee for each requested CW-1 worker. Go to the Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker page to see the current fee amounts. You must include the correct fee or we will reject and return your form.
Employers must submit the latest version of Form I-129CW, which has an edition date of 12/23/16. All of our forms can be downloaded for free at uscis.gov/forms. Additionally, you can request paper copies through our forms request line (800-870-3676) and forms by mail service.
On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting CW-1 petitions subject to the fiscal year (FY) 2018 cap. Employers in the Commonwealth of the Northern Mariana Islands (CNMI) use the CW-1 program to employ foreign workers who are otherwise ineligible to work under other nonimmigrant worker categories. The cap for CW-1 visas for FY 2018 has not been set, but it is required to be less than the FY 2017 cap, which is currently set at 12,998.
For the FY 2018 cap, an extension petition may request a start date of October 1, 2017, even if that worker’s current status will not expire by that date. We encourage employers to file a petition for a CW-1 nonimmigrant worker up to 6 months in advance of the proposed start date of employment and as early as possible within that timeframe. We will reject a petition if it is filed more than 6 months in advance.
Remember to submit all required documentation, including evidence that you posted the job vacancy announcement on the Department of Labor website.
Important reminder: As of Dec. 23, 2016, the new filing fee for a CW-1 petition is $460. A petitioning CNMI employer must also pay the required education fee for each requested CW-1 worker. Go to the Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker page to see the current fee amounts. You must include the correct fee or we will reject and return your form.
Employers must submit the latest version of Form I-129CW, which has an edition date of 12/23/16. All of our forms can be downloaded for free at uscis.gov/forms. Additionally, you can request paper copies through our forms request line (800-870-3676) and forms by mail service.
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