Temporary Protected Status Extended for Haiti

From USCIS: Secretary of Homeland Security Jeh Johnson has extended Haiti’s designation for Temporary Protected Status (TPS) for an additional 18 months. The extended designation is effective Jan. 23, 2016, through July 22, 2017.

Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 25, 2015, through Oct. 26, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Aug. 25, 2015.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Haiti beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of July 22, 2017. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Haiti EADs bearing a Jan. 22, 2016, expiration date for an additional six months. These existing EADs are now valid through July 22, 2016.

Haiti was initially designated for TPS on Jan. 21, 2010, after a major earthquake devastated the country. Following consultations with other federal agencies, the Department of Homeland Security has determined that current conditions in Haiti support extending the designation period for current TPS beneficiaries.

USCIS Discontinues Legacy e-Filing System

From USCIS: USCIS will discontinue its legacy e-Filing system in order to maintain data security standards and focus resources on the replacement Electronic Immigration System. The legacy e-Filing system has offered online filing for several USCIS forms. After the system is decommissioned, you must use paper forms when filing all categories of:

• Form I-131, Application for Travel Document
• Form I-140, Immigrant Petition for Alien Worker
• Form I-765, Application for Employment Authorization
• Form I-821, Application for Temporary Protected Status
• Form I-907, Request for Premium Processing Service

 

If you started a draft form

The last day to start new forms in the e-Filing system is Aug. 30. You must complete and submit all forms by Sept. 20. If you are unable to do so, you will need to file a paper form.

 

If you have a pending case

If you have a pending case that you submitted through the legacy e-Filing system, you do not need to take any action. USCIS will adjudicate your case to completion.

 

Filing paper forms

After Sept. 20, you must file the paper versions of the forms listed above. For filing instructions, visit:

• Form I-131
• Form I-140
• Form I-765
• Form I-821
• Form I-907

DHS Announces Temporary Protected Status Designation for Yemen

From USCIS: Secretary of Homeland Security Jeh Johnson announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months due to the ongoing armed conflict within the country. Yemen is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety.

As a result of Yemen’s designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice posted today provides details and procedures for applying for TPS.

The TPS designation for Yemen is effective September 3, 2015, and will be in effect through March 3, 2017. The designation means that, during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins today and runs through March 1, 2016.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since September 3, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps.

USCIS Simplifies the Immigrant Fee Payment Process

From USCIS: USCIS has simplified the process for paying the USCIS Immigrant Fee online in our electronic immigration system. The revised payment process reduces the amount of information an immigrant must provide to USCIS.

Additionally, in response to customer feedback, anyone can now pay the USCIS Immigrant Fee for an immigrant. For example, a family member, friend, employer, attorney, or accredited representative can pay the fee as long as they have the immigrant’s Alien Registration Number (A-Number) and DOS Case ID.

Transferring Cases From Vermont Service Center to California Service Center

From USCIS: In order to balance workloads, USCIS recently began transferring some cases from the Vermont Service Center to the California Service Center. The affected cases include:

• Form I-130, Petition for Alien Relative
• Form I-751, Petition to Remove the Conditions on Residence

How You Will Be Affected
If your Form I-130 case is being transferred, we will send you a notice listing the transfer date and the new location where your case will be processed. Your original receipt number will not change and this will not delay your case’s processing except for the additional time needed to transfer the file to the new location.

If your Form I-751 case is being transferred, we will send you a notice listing the transfer date and the new location where your case will be processed. Your original receipt number will not change and this will not delay your case’s processing except for the additional time needed to transfer the file to the new location.

The words “Case Type: CRI89 Approved Removal on Conditions” will be printed on the transfer notice. This refers to your pending Form I-751. The transfer notice may not contain the original receipt number of your pending Form I-751.

The filing location and instructions for these forms will not change. Please continue to file the forms at the address noted on the form instructions and on the USCIS website at www.uscis.gov.

How to Track the Status of Your Case
You can check the status of your case by entering your receipt number in Case Status Online. You can also sign up to receive automatic case status updates by email.

Extension of Temporary Immigration Relief Measures for Individuals Affected by Typhoon Soudelor

From USCIS: On Aug. 2, 2015, Typhoon Soudelor caused extensive damage in the Commonwealth of the Northern Mariana Islands (CNMI). USCIS reminds customers affected by Typhoon Soudelor that certain U.S. immigration benefits or relief may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. USCIS previously adopted temporary relief measures to assist individuals affected by Typhoon Soudelor through Sept. 2, 2015. USCIS is now extending these temporary relief measures by an additional 60 days through Nov. 2, 2015.

Eligible individuals may request or apply for temporary relief measures, including:

• A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Extension or re-parole of individuals previously granted parole by USCIS;
• Expedited adjudication of employment authorization applications; and
• Assistance to lawful permanent residents (LPR) stranded overseas without immigration or travel documents, such as a Permanent Resident Card (Green Card). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in a place that does not have a local USCIS office.

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

From USCIS: USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

October 2015 Visa Bulletin Analysis

For October 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/09/october-2015-visa-bulletin.html

Please see below analysis of October 2015 Visa Bulletin:

Starting from October 2015 visa bulletin, DOS has decided to break its visa bulletin into two categories. The first category is "final action date" which is same as the previous visa bulletin. Dates in this category is when USCIS will start approving I-485 application.

The second category is "dates for filing visa application". The dates in this category is when applicants can start filing their I-485 application. This will be useful since applicant can file EAD application and after 180 days can change employer even if PD is not current.

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1050 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Per the latest report, demand in EB2ROW has increased significantly (11,000+ for year 2014 alone). However, since it can get spillover from EB4/EB5 and EB1 categories, this category is expected to remain current for FY 2016.

EB2 China: EB2 China had another big jump. It moved forward by 6 years after retrogressing by nearly 8 years in previous visa bulletin. It is likely to continue to move forward in the next few months.

EB2 India: EB2 India retrogressed by 7 months in this visa bulletin. Currently EB2 India has demand from two categories: 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.

November 2015 Visa Bulletin Predictions

For October 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/09/october-2015-visa-bulletin.html

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

Starting from October 2015 visa bulletin, DOS has decided to break its visa bulletin into two categories. The first category is "final action date" which is same as the previous visa bulletin. Dates in this category is when USCIS will start approving I-485 application.

The second category is "dates for filing visa application". The dates in this category is when applicants can start filing their I-485 application. This will be useful since applicant can file EAD application and after 180 days can change employer even if PD is not current.

The data below is for "final action date".

Quick Summary:

• EB1, EB4, EB 5: Current
• EB2 Rest Of World: Current
  EB2 China: 0-3+ months
  EB2 India: 0-2 months. Please see article 1. Also see article 2.
• EB3 (ROW, Mexico): 0-4 weeks. Please see article.
  EB3 China: 0-2+ months
  EB3 India: 1-2 weeks
  EB3 Philippines: 2-6+ weeks. 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	15FEB08	15FEB08	15FEB08	01DEC94	01NOV01
F2A	22MAY14	22MAY14	22MAY14	08APR14	22MAY14
F2B	22FEB09	22FEB09	22FEB09	22AUG95	01NOV04
F3	15JUN04	15JUN04	15JUN04	22JUN94	15OCT93
F4	01MAR03	01MAR03	01MAR03	01APR97	08JUN92

Employment Based:

October 2015 Visa Bulletin

For September 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/08/september-2015-visa-bulletin.html

October 2015 Visa Bulletin has been released (valid from October 1 to October 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	15JAN08	15JAN08	15JAN08	22NOV94	01JUN01
F2A	15APR14	15APR14	15APR14	01MAR14	15APR14
F2B	15JAN09	15JAN09	15JAN09	01AUG95	01OCT04
F3	22MAY04	22MAY04	22MAY04	08JUN94	01OCT93
F4	08FEB03	08FEB03	08FEB03	22MAR97	01MAY92

Employment Based:

Update for DACA Recipients Who Received 3-Year Work Permits

From USCIS: USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. Twenty-two of the approximately 2,600 recipients failed to return their work permits or certify good cause for not doing so by the deadline of July 30, 2015. As a result, those 22 have been terminated from DACA.

The recall only applied to SOME individuals who received a card after the Feb. 16, 2015, court order. There are approximately 108,000 individuals who have valid 3-year DACA work permits and do not need to return them.

If you were affected by the recall and returned your invalid 3-year work permit, use Case Status Online to verify whether USCIS received your work permit.

H-1B Processing Statistics for FY 2015 YTD