John Q Khosravi Law Firm
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John Q. Khosravi Immigration Law Firm (JQK Law Firm)
Phone: (818) 934-1561
Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.
Friday, November 30, 2018
|WASHINGTON—The Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries. |
The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelors or higher degree in the specific specialty, or its equivalent. When USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap, a computer-generated random selection process, or lottery, is used to select the petitions that are counted towards the number of petitions projected as needed to reach the cap.
The proposed rule includes a provision that would enable USCIS to temporarily suspend the registration process during any fiscal year in which USCIS may experience technical challenges with the H-1B registration process and/or the new electronic system. The proposed temporary suspension provision would also allow USCIS to up-front delay the implementation of the H-1B registration process past the fiscal year (FY) 2020 cap season, if necessary to complete all requisite user testing and vetting of the new H-1B registration system and process. While USCIS has been actively working to develop and test the electronic registration system, if the rule is finalized as proposed, but there is insufficient time to implement the registration system for the FY 2020 cap selection process, USCIS would likely suspend the registration requirement for the FY 2020 cap season.
Currently, in years when the H-1B cap and the advanced degree exemption are both reached within the first five days that H-1B cap petitions may be filed, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first. Once a sufficient number of registrations or petitions have been selected for the H-1B cap, USCIS would then select registrations or petitions towards the advanced degree exemption. This proposed change would increase the chances that beneficiaries with a master’s or higher degree from a U.S. institution of higher education would be selected under the H-1B cap and that H-1B visas would be awarded to the most-skilled and highest-paid beneficiaries. Importantly, the proposed process would result in an estimated increase of up to 16 percent (or 5,340 workers) in the number of selected H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.
USCIS expects that shifting to electronic registration would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS. The proposed rule would help alleviate massive administrative burdens on USCIS since the agency would no longer need to physically receive and handle hundreds of thousands of H-1B petitions and supporting documentation before conducting the cap selection process. This would help reduce wait times for cap selection notifications. The proposed rule also limits the filing of H-1B cap-subject petitions to the beneficiary named on the original selected registration, which would protect the integrity of this registration system.
On April 18, 2017, President Trump issued the Buy American and Hire American Executive Order, instructing DHS to “propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of U.S. workers in the administration of our immigration system.” The EO specifically mentioned the H-1B program and directed DHS and other agencies to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.”
Additional information on the proposed rule is available in the Federal Register. Public comments may be submitted starting Monday, December 3, when the proposed rule publishes in the Federal Register, and must be received on or before January 2, 2019.
For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).
Thursday, November 29, 2018
Wednesday, November 28, 2018
Tuesday, November 27, 2018
Monday, November 26, 2018
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Saturday, November 24, 2018
Thursday, November 22, 2018
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Wednesday, November 21, 2018
Tuesday, November 20, 2018
Monday, November 19, 2018
Saturday, November 17, 2018
Attorney Advertisement. Consult with an Attorney.
Friday, November 16, 2018
Thursday, November 15, 2018
The Department of Homeland Security (DHS), in conjunction with the Department of Labor (DOL), has published a joint notice of proposed rulemaking (NPRM) that would modernize the recruitment requirements for employers seeking H-2B nonimmigrant workers to make it easier for U.S. workers to find and fill these open jobs. The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.
The proposed rule would require electronic advertisements to be posted on the internet for at least 14 days, replacing the print newspaper advertisements that regulations currently require. DHS and DOL believe this is a more effective and efficient way to disseminate information about job openings to U.S. workers. The Departments believe that electronic advertisements, posted on websites that U.S. workers in the area of the job opportunity would use, best ensures that U.S. workers learn of job opportunities. The joint rule proposes phasing out the current requirements with a limited transition period. During the transition, employers would be able to choose between print and electronic advertisements. This provision should provide flexibility for employers who may have already purchased print advertising or have advertising contracts in place.
For more information, read the NPRM published in the Federal Register on Nov. 9, 2018. USCIS encourages public feedback on the proposed rule before the comment period ends on Dec. 10, 2018.
Wednesday, November 14, 2018
Tuesday, November 13, 2018
Monday, November 12, 2018
Saturday, November 10, 2018
Final Policy Memorandum: Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption
|The following immigration policy memorandum is now available on the Policy Memoranda section of the USCIS website:|
|The following Procedural Guidance Memorandum is now available on the USCIS website:|
Procedural Guidance for Implementing Regulatory Changes Created by Interim Final Rule, Aliens Subject to a Bar on Entry under Certain Presidential Proclamations; Procedures for Protection Claims
For more immigration and policy information, visit www.uscis.gov
Friday, November 9, 2018
Thursday, November 8, 2018
|U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.|
Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials of I-914/I-914A, Applications for T Nonimmigrant Status, and petitions for Forms I-918/I-918A, Petitions for U Nonimmigrant Status; I-360 Petition for Amerasian, Widow(er); I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions); and I-730 Refugee/Asylee Relative Petition, when the beneficiary is present in the US, as well as Form I-485, Application to Register Permanent Residence or Adjustment of Status, filed with these underlying form types.
If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.
USCIS began implementing the PM for denied Forms I-485 and I-539 on Oct. 1, 2018. USCIS will not implement the memorandum with respect to employment-based petitions at this time. Existing guidance for these case types remain in effect.
USCIS will continue to prioritize cases of individuals with criminal records, fraud, or national security concerns for referral for removal proceedings. USCIS has not changed to the current processes for issuing NTAs on these case types, and the agency will continue to use discretion in issuing NTAs for these cases.
USCIS will hold a stakeholder engagement on Nov. 15, 2018, at 2 p.m. Eastern to provide an overview of the PM and respond to pre-submitted questions. The teleconference will include a question and answer session, as time permits. Additional information is available on the Upcoming National Engagements page of our website. A transcript of the Sep. 27, 2018, public USCIS teleconference on NTA implementation is available on our website.
USCIS will continue to take an incremental approach to implement this memorandum. Additional information and updates on the implementation of this PM are available on the Notice to Appear Policy Memorandum page.
Wednesday, November 7, 2018
Tuesday, November 6, 2018
Monday, November 5, 2018
Friday, November 2, 2018
Thursday, November 1, 2018
|U.S. Citizenship and Immigration Services and the U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. Earlier this year, the USCIS California Service Center (CSC) and the CBP Blaine, Washington, port of entry (POE) announced this pilot program which was scheduled to run from April 30, 2018, through Oct. 31, 2018.|
This pilot program allows, but does not require, Canadian citizens to request that USCIS remotely adjudicate their petitioning employer’s Form I-129 or I-129S prior to their arrival or when they arrive at the Blaine POE. USCIS continues to encourage these Canadian citizens and their petitioning employers to email public.engagement@uscis.