Sen. Orrin Hatch, R-Utah, introduced a bill Thursday that would vastly increase the number of H-1B visas available and ease restrictions on the issuance of green cards to foreign workers.
The bill, also sponsored by Sen. Jeff Flake, R-Ariz., would bring relief to the Bay Area’s large community of immigrants working at startups and big tech companies, many of whom rely on the H-1B visa, as well as their employers, who have quietly lobbied for years for an expansion of the program.
USCIS - On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to balance workloads and to provide flexibility as USCIS works towards improving processing times and efficiency. The Vermont Service Center will no longer process any new Form I‑129 petitions requesting L nonimmigrant classification.
Petitioners requesting an L nonimmigrant classification should file their Form I-129 at the address indicated on the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page. Starting March 12, 2018, USCIS may reject any of these applications that are filed at the wrong service center.
A scientist recruited by the renowned Cleveland Clinic is stuck in India because his visa is delayed. An entrepreneur courted by Silicon Valley companies had his application denied. Many green card applicants have new interviews to pass.
The Trump administration has pursued its immigration agenda loudly and noticeably, ramping up arrests of undocumented immigrants, barring most travel from several majority-Muslim countries and pressing the case for a border wall.
But it has also quietly, and with much less resistance, slowed many forms of legal immigration without the need for Congress to rescind a single visa program enshrined in the law.
U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
Effective Oct. 1, USCIS will begin to phase-in interviews for the following:
• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.
Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.
“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”
President Trump will join Republican Sens. David Perdue of Georgia and Tom Cotton of Arkansas at the White House Wednesday to unveil legislation that proposes a skills-based immigration system and seeks an overall lower level of legal immigration, two sources have confirmed to the Washington Examiner.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today (4/3/2017) announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.
Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 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. We will notify the public before resuming premium processing for H-1B petitions.
The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject H-1B petitions cannot be filed before April 3, 2017, this suspension will apply to all petitions filed for the FY18 H-1B regular cap and master’s advanced degree cap exemption (the “master’s cap”). The suspension also applies to petitions that may be cap-exempt.
While premium processing is suspended, we will reject any Form I-907 filed with an H-1B petition. If the petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, we will have to reject both forms.
We will continue to premium process Form I-129 H-1B petitions if the petitioner properly filed an associated Form I-907 before April 3, 2017. Therefore, we will refund the premium processing fee if:
This temporary suspension of premium processing does not apply to other eligible nonimmigrant classifications filed on Form I-129.
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. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and we encourage petitioners 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.
This temporary suspension will help us to reduce overall H-1B processing times. By temporarily suspending premiumprocessing, we will be able to:
Some "good news" in the torrent of disastrous Executive Orders on Immigration.
On Jan. 17, 2017, a final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” amending DHS regulations went into effect. The new amendments provide for automatic extensions of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days for individuals who:
• Timely filed to renew an Employment Authorization Document (EAD);
• Are applying to renew an EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
• Are in a category that is eligible for the extension.
Washington: A legislation has been introduced in the US House of Representatives which among other things calls for more than doubling the minimum salary of H-1B visa holders to $130,000, making it difficult for firms to use the programme to replace American employees with foreign workers, including from India.
Until now, Matter of New York State Dep't of Transportation (22 I&N Dec. 215) ("NYDOT") set the standard for determining "National Interest Waiver" cases in the Employment-Based Second Preference category. With the precedent setting new case Matter of DHANASAR (26 I&N Dec 884), decided on December 27, 2016 by the AAU, an expanded standard of proof has been established.
