Monday, December 31, 2018



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Sunday, December 30, 2018

I-751 Workload Transfer

From USCIS:


We transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
  • Form I-751, Petition to Remove Conditions on Residence 
For more information, see our Workload Transfer Updates page.

Update I-131 Instructions for Renewing AP

https://www.uscis.gov/i-131

If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.

USCIS Reaches H-2B Cap for First Half of FY 2019

From USCIS:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019.
Dec. 6, 2018, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Dec. 6 that request an employment start date before April 1, 2019.
On Dec. 6, the number of beneficiaries USCIS had received petitions for surpassed the total number of H-2B visas available for the H-2B cap for the first half of FY 2019. In accordance with regulations, USCIS determined it was necessary to use a computer-generated process, commonly known as a lottery, to ensure the fair and orderly allocation of H-2B visa numbers to meet, but not exceed, the cap for the first half of FY 2019. On Dec. 11, 2018, USCIS conducted a lottery to randomly select petitions received on Dec. 6. As a result, USCIS assigned all petitions selected in the lottery the receipt date of Dec. 11. Premium processing service for petitions selected in the lottery also began on that date.
USCIS continues 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 United States 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 in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 21, 2029.
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct.1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - Sept. 30).
We encourage H-2B petitioners to visit the H-2B Fiscal Year (FY) 2019 Cap Season page.


For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook(/uscis), and LinkedIn (/uscis).

USCIS Policy Manual Update (Form N-648)

From USCIS:

USCIS is revising guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on Form N-648, Medical Certification for Disability Exceptions. Please see the Policy Alert for more detailed information:
  • Policy Alert: Sufficiency of Medical Certification for Disability Exceptions Filing (Form N-648) (Final date for comments: Dec. 27, 2018)
This policy is effective on Feb. 12, 2019.
Visit the Policy Manual for Comment page for more information on stakeholder review and comment.

I-539 Workload Transfer

From USCIS:

We transferred some of the following cases from the Vermont Service Center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center:
  • Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants 
For more information, see our Workload Transfer Updates page.

USCIS Revises Interview Waiver Guidance for Form I-751

From USCIS:

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.
Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:
  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve.
When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.
This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”

USCIS Closes Havana Field Office on Dec. 10, 2018

From USCIS:

USCIS will permanently close its field office in Havana, Cuba, on Dec. 10, 2018. The USCIS field office in Mexico City, Mexico, will assume the Havana Field Office’s jurisdiction over U.S. immigration matters for individuals who are in Cuba. The U.S. Department of State in Havana will also assume responsibility for certain services previously handled by USCIS.

U.S. Embassy visa services in Havana have been almost entirely suspended since November 2017 due to a drawdown in staffing as a result of attacks affecting the health of U.S. Embassy Havana employees. The U.S. Department of State and USCIS continue to explore options to resume consular and other immigration services in alternate locations. USCIS will inform individuals of alternate filing or processing instructions that are established.

Individuals who live in Cuba, or who petition for residents in Cuba, must follow these filing instructions:

Service/Form
Filing Instructions
File your petition by mail with the appropriate USCIS lockbox. You can find additional filing information on the Form I-130 page.
If you are a lawful permanent resident who has lost your Green Card and/or re-entry permit and you need travel documentation to return to the U.S., you can file your Form I-131A with any U.S. Embassy Consular Section or USCIS international field office outside of Cuba.


Submit your Form I-407 by mail to the Mexico City Field Office or present it in person to any U.S. Embassy or Consulate or USCIS international field office outside of Cuba.
You must file your petition with the Nebraska or Texas Service Center, depending on where you live in the United States.
USCIS is working with the Department of State to reschedule any Form I-730 interviews that were in process at the U.S. Embassy in Havana. USCIS will contact affected petitioners and beneficiaries to inform them of any alternate processing instructions that are established. For Form I-730 cases not yet scheduled for interview, the Department of State’s National Visa Center will notify concerned parties when an interview is scheduled at a designated post.
Please see the Form I-730 page for more information.
If you are a member of the U.S. military and are stationed overseas, please see the Form N-400 page or call 800-375-5283 for the most current form filing instructions. USCIS will forward the application to the appropriate international field office. For qualified children of active-duty service members stationed abroad, the proper form to file is the N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

The Department of State and USCIS are determining arrangements for processing applications under the CFRP Program. We will communicate additional details as they become available.

USCIS is working with the Department of State to ensure that CMPP following-to-join cases for spouses and children continue to be processed and will announce arrangements for interview/travel document processing.

General information about the U.S. Embassy in Havana is available on the embassy website. You may also contact the embassy by calling 011 (53) (7) 839-4100 or by mailing:

U.S. Embassy Havana
Calzada between L & M, Vedado
Havana, Cuba

For any other information on services provided, please contact the USCIS Mexico City Field Office.

For more information on USCIS and its programs, visit uscis.gov.

USCIS Offices Closed Wednesday

From USCIS:

National Day of Mourning for President George H.W. Bush
WASHINGTON—President Trump has declared Wednesday, Dec. 5, a national day of mourning to remember the life and legacy of George H.W. Bush, the 41st president of the United States. Accordingly, all U.S. Citizenship and Immigration Services (USCIS) offices will be closed Wednesday. USCIS will reschedule all naturalization ceremonies, interviews, and appointments set for that day.
USCIS will schedule new dates and promptly inform those affected. All applicants with biometric appointments scheduled for Wednesday will receive a new appointment notice within three weeks.
The USCIS Contact Center will be open from 8 a.m. to 9 p.m. Eastern time, but with limited live help. You can also get basic information about immigration services and ask questions about your case on our Tools page.
For more information about the naturalization process and filing online, visit our website at uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis) and Facebook (/uscis).

Monday, December 3, 2018