Categories Department of State News & Updates USCIS Visa Bulletin

UPDATE: October Visa Bulletin Surge Coincides with Increased Fees

As an update to our news alert from yesterday, USCIS initially indicated that it would use the Final Action Dates chart as it normally does. However, later in the day USCIS updated its filing notice website to indicate that it would actually accept cases filed under the Dates for Filing chart.

 

This is significant because many categories surged forward from the Final Action Dates chart in September to the Dates for Filing Chart for October. For EB-3 India, this meant a move of approximately 5 years. EB-1 for China and India moved about 2.5 years.

 

This movement provides many additional applicants to file applications for Adjustment of Status in October. We anticipate that USCIS will receive an unusually high volume of cases within this short 30-day window. This will likely result in processing delays as USCIS assimilates these cases. Of particular consequence, this could mean significant delays in the issuance of cards for EAD work authorization and advance parole for travel.

 

We are in the process of contacting clients who are eligible to file in October. Please contact your Graham Adair attorney with any questions.

Categories Department of State News & Updates USCIS Visa Bulletin

October Visa Bulletin Surge Coincides with Increased Fees

This morning, the U.S. Department of State issued the October Visa Bulletin, which shows modest gains under the Final Action Dates chart. China saw the biggest movement in the EB-3 category, a move of 4.5 months. Similarly, India saw its biggest gain of 3 months in the EB-3 category. All other countries, including Mexico, Philippines, Vietnam, El Salvador, Guatemala, and Honduras, which had retrogression in the EB-3 category, are now current.

 

The primary question is whether USCIS will direct applicants to use the Final Action Dates chart, as they normally do, or the Dates for Filing chart. If it’s the latter, then many additional priority dates will become current, especially in EB-3 for India, which moved more than 5 years from the September Visa Bulletin. EB-1 for China and India also saw significant movement of about 2.5 years. USCIS will advise on which chart to use no later than October 1, 2020.

 

This surge in dates coincides with a significant change in the fee structure for USCIS. The biggest change in the permanent residency process is the unbundling of fees for I-485 Adjustment of Status. Until the end of September, the I-485 filing fee is $1140, which includes applications for an EAD card for work and advance parole for travel. Starting October 1, 2020, USCIS will unbundle that I-485 fee and require additional fees for EAD cards and advance parole. The EAD application will require a $550 government fee, and the advance parole application fee will be $590.

 

If USCIS uses the Dates for Filing chart, there will be a massive surge in applications for Adjustment of Status, many of which will include the additional fees of $550 and $590 for EAD cards and advance parole, respectively. Considering that many thousands of new cases would be filed in a very short period of time, it’s possible future visa bulletins could retrogress many dates that were current under the October Visa Bulletin, which would create a scenario wherein applicants are required to pay those $550 and $590 fees annually to maintain their EAD cards and advance parole.

 

We are watching the visa bulletin closely and will send an announcement once USCIS indicates which chart will be used for permanent residence applications.

Categories News & Updates USCIS Visa Bulletin

USCIS Announces H-1B Cap Season Start, Premium Processing Changes for FY 2020

United States Citizenship and Immigration Services (USCIS) has announced that Fiscal Year (FY) 2020 H-1B cap-subject petitions will begin being?accepted on?April 1, 2019. The agency has also announced several changes to the petition process:

Premium Processing

FY 2020 premium processing for cap-subject H-1B petitions will take place in two phases: (1) petitions requesting change of status and (2) all other petitions, such as those filed with consular processing. Petitioners will be able to concurrently file their request for premium processing with their H-1B petition. USCIS will begin processing these concurrent filings by May 20, 2019 at the latest. USCIS anticipates that it will begin processing all other cap-subject H-1B petitions in June 2019.

Employer Data Hub

USCIS will launch the H-1B Employer Data Hub on?uscis.gov?on April 1, 2019. In an effort to to provide additional transparency into the H-1B program, the public will be able to search for information including which companies sponsored H-1B employees and how many, as well as approval and denial rates.

Cap Selection

Earlier this year, the Department of Homeland Security (DHS) announced changes to the H-1B cap selection process with reference to petitions eligible for the advanced degree exemption. More information on these changes can be found?here.

For further guidance or case-specific questions, please contact your Graham Adair representative. For more frequent updates, please follow us on Twitter?(@GrahamAdairLaw).

Categories News & Updates USCIS Visa Bulletin

New USCIS H-1B Cap Regulation Will Go Into Effect April 1, 2019

Today, United States Citizenship and Immigration Services (USCIS) published the final rule announcing a change in how the agency will handle the selection process for H-1B applications that are filed under the cap starting April 1, 2019. USCIS also announced that the implementation of the electronic pre-registration process will be delayed until further notice, and will not go into effect this year.

What is changing this year?
Beginning this year, USCIS will first conduct the general lottery drawing for all cases eligible for the 65,000 available H-1B visas. Once that lottery has been completed, USCIS will conduct the selection process for H-1B petitions eligible for the U.S. advanced degree lottery.? According to data from USCIS, this could lead to an increase of up to 16% in the selection of cases for individuals with a master’s degree or higher from a U.S. university.

What is not changing this year??
There will be no electronic preregistration process for H-1B petitions this year. The process will likely be implemented in the future, but not until testing and vetting has taken place.

If you have any questions, please feel free to contact your Graham Adair representative.?For more frequent updates, please?follow us on?Twitter?(@GrahamAdairLaw).

Categories News & Updates USCIS Visa Bulletin

Premium Processing Resumes for FY 2019 H-1B Cap Petitions

On Monday, January 28, United States Citizenship and Immigration Services (USCIS) will resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions. This includes petitions eligible for advanced degree exemption. If a petitioner receives a request for evidence (RFE), they should include their response to the RFE with their request for premium processing. Premium processing for all other types of H-1B petition is still temporarily suspended, and USCIS will announce when the suspension is lifted.

What is premium processing?
Premium processing guarantees a processing time of 15 days for H-1B petitions. If certain action has not been taken within that 15 day window, the petitioner’s premium processing fee is refunded and the petition continues on an expedited processing track.

If you have any questions, please feel free to contact your Graham Adair representative.?For more frequent updates, please?follow us on?Twitter?(@GrahamAdairLaw).

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