Category: Misc. Immigration News

USCIS recently updated its website with information regarding the agency’s practice of denying pending Form I-131 advance parole applications for abandonment due to international travel. Specifically, USCIS indicates on its website that if an applicant files Form I-131, Application for Travel Document, to request an advance parole document and departs the United States without possession of an advance parole document that is valid for the entire time the applicant is abroad, USCIS will consider the pending Form I-131 to be abandoned.

Recap: If you currently have a valid Advance Parole document while an application for a new advance parole document is pending at USCIS, international travel will not result in a denial of the pending application.  This only applies if you are returning to the U.S. with an advance parole document.  This does not apply if you need to return to the U.S. using a nonimmigrant visa.

DHS has updated their rule making agenda page with the possible effects of H4 EAD withdrawal along with estimated publish date to Nov, 2018 (11/00/2018).

We will post more news as it becomes available.

On Oct. 1, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews as part of the agency’s ongoing business modernization efforts. Although USCIS applicants already use digital tablets to sign or verify parts of their applications, this new approach expands tablet usage, allowing the device to be used for a greater portion of the application process. USCIS will be able to continue using the paper process on a case-by-case basis. While the eligibility requirements and the subject material of the naturalization test have not changed, applicants are now using a stylus on a digital tablet instead of a paper application.

Immigration Services Officers (ISO) will instruct applicants on how to use the tablets before administering the tests. For the reading test, a sentence will appear on the tablet and the ISO will ask the applicant to read it. For the writing test, several lines will appear on the tablet, replicating the appearance of a piece of blank paper. The ISO will read a sentence aloud and ask the applicant to write it on the tablet.

USCIS announced that it would begin implementing its June 28, 2018, memo, Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, on October 1, 2018. USCIS will take an incremental approach to implement this memo.

U.S. Citizenship and Immigration Services (USCIS) announced it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

FROM USCIS:

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. We expect these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.

While H-1B premium processing is suspended, we will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I‑129 H-1B fees, both forms will be rejected.

Who Is Affected

The expanded temporary suspension applies to all H-1B petitions filed at the Vermont and California Service Centers (excluding cap-exempt filings as noted below).

The previously announced suspension of premium processing for fiscal year 2019 cap-subject H-1B petitions was originally slated to last until Sept. 10, 2018, but that suspension is being extended through an estimated date of Feb. 19, 2019.

We will continue premium processing of Form I-129 H-1B petitions that are not currently suspended if the petitioner properly filed an associated Form I-907 before Sept. 11, 2018. Therefore, we will refund the premium processing fee if:

• The petitioner filed the Form I-907 for an H-1B petition before Sept. 11, 2018; and
• We did not take adjudicative action on the case within the 15-calendar-day processing period.

Premium Processing Remains Available for Certain H-1B Petitions

The suspension does not apply to:

1. Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or
2. Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
   1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or
   2. Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).

This temporary suspension of premium processing does not apply to any other nonimmigrant classifications filed on Form I-129.

Requesting Expedited Processing

While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet the criteria on the Expedite Criteria webpage. The petitioner must demonstrate that they meet at least one of the expedite criteria, and petitioners should be prepared to submit documentary evidence to support their expedite request.

We review all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.

Why We Are Temporarily Suspending Premium Processing for H-1B Petitions

This temporary suspension will help us to reduce overall H-1B processing times by allowing us to:

• Process long-pending petitions, which we have been unable to process due to the high volume of incoming petitions and premium processing requests over the past few months;
• Be responsive to petitions with time-sensitive start dates; and
• Prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.

Every lawful permanent resident 18 years of age and over is required to carry with them at all times their green card. Failure to do so results in a misdemeanor offense and shall upon conviction, result in a fine not to exceed $100 or imprisonment for not more than 30 days, or both.

On July 5^th, USCIS published guidance regarding issuance of Notices to Appear (NTA).  The NTA is the charging document issued to foreign nationals who are deemed “removable” form the U.S.  People who receive NTAs must appear before an immigration judge to determine whether they should be removed (i.e., deported).

For years, NTA issuance has been the responsibility of CBP (border enforcement and inspections) and ICE (interior enforcement).  This new guidance requires USCIS to issue NTAs to individuals whose applications to extend or amend their stay or change status are unexpectedly denied by USCIS due to changing USCIS policies.

For example, an H-1B petition requesting an extension of stay is timely filed before the current H-1B status expires.  However, due to USCIS backlogs, the petition is not adjudicated until after the underlying petition has expired.  If USCIS unexpectedly denies the extension request, the H-1B worker will be issued an NTA and placed in removal proceedings.

Given H-1B backlogs at USCIS and the uncertainty of case adjudications under the current administration, it is more important than ever to file cases as soon as possible and use premium processing to achieve an expedited decision from USCIS.

USCIS: USCIS is a fee-funded agency with the exception of E-Verify, so if the government shuts down, only E-Verify shuts down. Otherwise, it’s business as usual.

DOS: Visa and passport operations are fee-funded and should not be impacted by a lapse in appropriations, but operating status and funding will need to be monitored closely. If visa operations are affected, consular posts will generally only handle diplomatic visas and “life or death” emergencies.

CBP: Inspection and law enforcement personnel are considered “essential.” Ports of entry will be open; however, processing of applications filed at the border may be impacted.

ICE: ICE enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees.

EOIR: EOIR’s detained docket is typically considered an essential function and would therefore continue to operate. During the 2013 shutdown, EOIR continued to accept court filings, even in non-detained cases.

DOL: The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC’s web-based systems, iCERT and PERM, would be inaccessible, and BALCA dockets will be placed on hold.

In a news update made available late yesterday, the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a regulatory change to the H-1B extension rules, as had previously been reported in a December 30, 2017 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.”