USCIS Updates Policy to Ensure Petitioners Meet Burden of Proof for Nonimmigrant Worker Extension Petitions

From USCIS News:

WASHINGTON — Under updated policy guidance (PDF, 97 KB), U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.

“USCIS officers are at the front lines of the administration’s efforts to enhance the integrity of the immigration system,” said USCIS Director L. Francis Cissna. “This updat

Changes to Direct Filing Addresses for Form I-129 Petitions

From USCIS Alerts:

On October 12, 2017, USCIS will change the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:

• Petitioners will now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.
• Petitioners located in Florida, Georgia, North Carolina and Texas will now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

Please see our Direct Filing Addresses for Form I-1

USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order

From USCIS Alerts:

U.S. Citizenship and Immigration Services (USCIS) has posted additional data about the agency’s employment-based visa programs on its website. This new information reflects USCIS’ commitment to transparency in carrying out President Trump’s Buy American and Hire American Executive Order.

Datasets now available on the webpage include:

L-1 Datasets: The L-1 program (L-1A and <a target='_blank' href="https://www.uscis

Immigration Help Available to Those Affected by Natural Disasters

From USCIS Alerts:

We offer immigration services that may help people affected by unforeseen circumstances such as natural disasters.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization appl

Employers Must Use Form I-9 With a Revision Date of 07/17/17 N

From USCIS Alerts:

Beginning Sept. 18, 2017, employers must use Form I-9, Employment Eligibility Verification, with revision date 07/17/17 N, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable).

This date is found on the lower left corner of the form. Prior versions of the form will no longer be valid for use.  Employers who fail to use Form I-9, 07/17/17 N on or after Sept. 18, 2017 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

Employers should continue to follow existing <a target='_blank' href="https://

Immigration Help Available to Those Affected by Hurricane Irma

From USCIS Alerts:

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Irma.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment author

USCIS Alerts Those Affected by Hurricane Harvey to Available Immigration Services

From USCIS Alerts:

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment auth

USCIS Grants All Available U Visas for Fiscal Year 2017

From USCIS Alerts:

USCIS has approved the congressionally mandated annual limit of 10,000 petitions for U nonimmigrant status for victims of certain crimes committed in the United States who assist law enforcement authorities. Although USCIS cannot grant any more U visas in fiscal year (FY) 2017, we will continue to review pending petitions for eligibility for potential visa issuance when more visas become available in FY 2018 beginning on Oct. 1, 2017. 

Petitioners and qualifying family members must continue to meet eligibility requirements at the time a U visa becomes available.

Congress created the U visa program to strengthen law enforcement&

Customer Service Tools Outage

From USCIS Alerts:

USCIS will conduct system maintenance on Thursday, October 12, 2017, from 9 p.m. to midnight. (Eastern).

During this time, our online tools may be unavailable, including:

• Check My Case Status
• e-Request
• Change of Address Online
• Check Processing Times
• Civil Surgeon Locator
• FOIA Status Check
• Office Locator
• Forms by Mail

TPS Re-registration Deadline for Haiti is July 24

From USCIS Alerts:

The deadline for eligible nationals of Haiti (and people without nationality who last habitually resided in Haiti) to re-register for Temporary Protected Status (TPS) is Monday, July 24, 2017. The limited 6-month extension of the TPS designation for Haiti runs from July 23, 2017, through Jan. 22, 2018.

During this 6-month extension, Haiti TPS beneficiaries with no other immigration status are encouraged to prepare for their return to Haiti in the event Haiti’s designation is not extended again. This preparation includes TPS beneficiaries ensuring they have current, valid Haitian nationality documentation issued by the Government of Haiti (such as a passport) that will allow them to return to Haiti. Beneficiaries are encouraged to contact a Haitian consul

Visa Bulletin December 2017 Predictions

For the official November 2017 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2017/visa-bulletin-november-2017.aspx

Please see December 2017 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01MAR11	01MAR11	01MAR11	01MAY96	08FEB07
F2A	08DEC15	08DEC15	08DEC15	22NOV15	08DEC15
F2B	01DEC10	01DEC10	01DEC10	15AUG96	01FEB07
F3	01SEP05	01SEP05	01SEP05	22MAY95	15MAR95
F4	08JUN04	15JUN04	08NOV03	22OCT97	08JUL94

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01FEB12	01FEB12	01FEB12	15DEC96	15NOV07
F2A	01DEC16	01DEC16	01DEC16	01DEC16	01DEC16
F2B	15SEP11	15SEP11	15SEP11	15JAN97	15SEP07
F3	08DEC05	08DEC05	08DEC05	15OCT95	01JUL95
F4	01DEC04	01DEC04	15JUL04	01MAR98	01APR95

USCIS Returns Unselected Fiscal Year 2018 H-1B Cap-Subject Petitions

From USCIS Alerts:

USCIS announced on July 19, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.  USCIS previously announced on May 3, that it completed data entry of all selected cap-subject petitions. 

Visa Bulletin November 2017

For October 2017 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2017/visa-bulletin-october-2017.aspx

November 2017 Visa Bulletin has been officially released (valid from November 1 to November 30 only). Please see below for more details.

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	22JAN11	22JAN11	22JAN11	01APR96	01JAN07
F2A	15NOV15	15NOV15	15NOV15	01NOV15	15NOV15
F2B	15NOV10	15NOV10	15NOV10	22JUL96	01JAN07
F3	15AUG05	15AUG05	15AUG05	08MAY95	01MAR95
F4	22MAY04	22MAY04	22OCT03	08OCT97	08JUN94

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01JAN12	01JAN12	01JAN12	01NOV96	01OCT07
F2A	01NOV16	01NOV16	01NOV16	01NOV16	01NOV16
F2B	01SEP11	01SEP11	01SEP11	01JAN97	01SEP07
F3	01DEC05	01DEC05	01DEC05	01OCT95	15JUN95
F4	15NOV04	15NOV04	22JUN04	08FEB98	01MAR95

Immigration Help Available to Those Affected by Hurricanes

From USCIS Alerts:

We offer immigration services that may help people affected by unforeseen circumstances, including disasters such as hurricanes.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment auth

Premium Processing Now Available for All Petitioners Seeking H-1B Visas

From USCIS News:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. 

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with <a target='_blank' href=

New USCIS Form Streamlines Process to Obtain a Work Authorization Document and Social Security Number Simultaneously

From USCIS News:

Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revise