Grace Period Extended for Prior Versions of Form G-28

From USCIS: USCIS has extended the grace period for using prior versions of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative to Friday, May 15. USCIS issued the new, revised version of Form G-28 on March 6, 2015 (edition date: 03/04/2015).

As we transition to the new form, USCIS is allowing applicants to continue using previous versions of Form G-28. You can find the edition date at the bottom of any page of the Form G-28. We encourage you to start using the new version of the form as soon as possible to benefit from the new options that were added.

Beginning Monday, May 18, USCIS will accept only the new version (edition date: 03/04/2015) of Form G-28.

USCIS Reaches H-2B Cap for Fiscal Year 2015

From USCIS: USCIS has received enough petitions to reach the congressionally mandated H-2B cap for fiscal year (FY) 2015. March 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2015.

How We Determine the Final Receipt Date

The final receipt date is the date when we received enough cap-subject petitions to reach the statutory limit of 66,000 H-2B worker visas for FY 2015.

What Happens After Reaching the Cap

USCIS will reject new H-2B petitions that:

• Request an employment start date before October 1, 2015; and
• Were received after March 26, 2015.

H-1B Cap Premium Processing to Begin April 27

On April 27, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.

USCIS first announced in a news release that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time.

USCIS Received Nearly 233,000 H-1B Cap Cases For FY 2016

From USCIS: U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016.

USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the masters cap. 

USCIS received nearly 233,000 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption.

On April 13, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

EB5 Visa Category Cut Off Date Meeting

On April 13, 2015 DOS met with IIUSA 2015 EB-5 Regional Economic Advocacy Conference to address questions related to the implementation of cutoff date for the EB-5 visa category.  Please see details below:

Q. With respect to the implementation of a visa cutoff date for the EB5 visa category, how may a visa applicant whose employment based immigrant visa petition or whose parent’s employment based immigrant visa petition is approved on or before a visa cutoff date established by the Department of State satisfy the “seek to acquire lawful permanent residence status within one year of visa availability” requirement under Immigration and Nationality Act (INA) section 203(h) to secure the protection of the Child Status Protection Act (CPSA)?

• As outlined in interim U . S . C itizenship and Immigration Services (USCIS) guidance from June 2014, the “sought to acquire” lawful permanent residence (LPR) standard may be satisfied with payment of the visa application fee rather than submission of the DS - 260. That is, payment of the IV fee bill alone could satisfy the requirement. http://www.uscis.gov/sites/default/files/USCIS/Outreach/Interim%20 Guidance%20for%20Comment/PM - 602 - 0097_Extraordinary_Circumstances.pdf

June 2015 Visa Bulletin Predictions

For May 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin.html

For official June 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/05/june-2015-visa-bulletin.html

Please see June 2015 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Quick Summary:

• EB1, EB4, EB 5: Current
• EB2 Rest Of World: Current
  EB2 China: 3-5+ months
  EB2 India: 4-6+ months. Please see article 1. Also see article 2.
• EB3 (ROW, Mexico): 0-2+ months. Please see article.
  EB3 China: 3-5+ months
  EB3 India: 1-2 weeks
  EB3 Philippines:  0-2+ months. Please see article.
• FB categories: 1 to 12 weeks Please see article.
• F2A: 3-6 weeks. Please see article.

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01SEP07	01SEP07	01SEP07	15NOV94	15FEB05
F2A	01OCT13	01OCT13	01OCT13	08SEP13	01OCT13
F2B	15OCT08	15OCT08	15OCT08	08MAY95	22MAY04
F3	08MAR04	08MAR04	08MAR04	08MAY94	22AUG93
F4	01SEP02	01SEP02	01SEP02	01AUG97	15NOV91

Employment Based:

May 2015 Visa Bulletin Analysis

For May 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin.html

Please see below analysis of May 2015 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1650 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 700 per month. 

EB2 China: EB2 China moved forward by 14 months in this visa bulletin. It is likely to continue to move forward around at a fast pace in the next few months.

EB2 India: EB2 India category also got a big jump in this visa bulletin. It moved forward by 7.5  months in this visa bulletin. Per the latest pending inventory, there around 1,000 I-485 pending applications before that date. In addition, there are applicants in EB2 who have not yet filed their application as well as applicants who will be porting from EB3 India to EB2 India.

May 2015 Visa Bulletin

For April 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/03/april-2015-visa-bulletin.html

For May 2015 Visa Bulletin Analysis, please click here: http://blog.mygcvisa.com/2015/04/may-2015-visa-bulletin-analysis.html

May 2015 Visa Bulletin has been released (valid from May 1 to May 31 only). Please see below for more details.

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15AUG07	15AUG07	15AUG07	08NOV94	01FEB05
F2A	01SEP13	01SEP13	01SEP13	08AUG13	01SEP13
F2B	15SEP08	15SEP08	15SEP08	01APR95	22APR04
F3	22FEB04	22FEB04	22FEB04	15APR94	15AUG93
F4	01AUG02	01AUG02	01AUG02	15JUL97	22OCT91

Employment Based:

USCIS Revises Form G-28

From USCIS: USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. The revised form G-28 is part of a final rule that became effective on Jan. 27, 2015.

About Form G-28

Attorneys and legal representatives accredited by the Board of Immigration Appeals use Form G-28 to notify USCIS of their legal representation in a given case. Form G-28 must be signed by the legal representative and by the applicant/petitioner/requestor.

When a valid Form G-28 is on file, USCIS communicates with the legal representative.

New Form G-28 Changes

The revised Form G-28, with the 03/04/2015 edition date, includes two new boxes that allow the applicant/petitioner/requestor to tell USCIS whether they want to receive their notices and secure documents directly, or whether they want USCIS to send them to their legal representative.

New Version of Form I-407 Now Available

From USCIS: USCIS has published a new edition of USCIS Form I-407, Record of Abandonment of Lawful Permanent Status (OMB No. 1615-0130). You can download the form on our website.

You may begin using the revised Form I-407, Record of Abandonment of Lawful Permanent Resident Status today. The current edition is dated 02/26/2015, and we will not accept previous form editions.

About Form I-407

Form I-407 allows you to formally record with USCIS your decision to voluntarily abandon your status as a lawful permanent resident (LPR) of the United States. Use of the form also ensures you are informed of the right to a hearing before an immigration judge and that you have knowingly, willingly, and affirmatively waived that right. There is no filing fee.

The Department of Homeland Security is required to provide to the Internal Revenue Service (IRS) the names of individuals who choose to abandon their LPR status. If you file this form with us, we will provide only your name and the filing date to the IRS.