Update: Form I-751, Petition to Remove Conditions on Residence

From USCIS News:

Due to a processing error on May 4, 2018, USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence. 

The affected notices have a date of 05/04/2018 and a case type of “I-751 – PETITION TO REMOVE CONDITIONS ON RESIDENCE.” The notices tell petitioners to appear for their biometric services appointments starting the week of May 21, 2018, at ASCs located out of the normal geographic area.

On June 8, 2018, USCIS will mail new biometric services appointment notices to petitioners who received an incorrect notice and did not reschedule their appointment or did not appear as a walk-in at the closest ASC to their loca

Tools Outage

From USCIS News:

USCIS will conduct system maintenance on Thursday, May 24, 2018, from 9 p.m. until 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

Re-Registration Period Now Open for Temporary Protected Status for Nepal

From USCIS News:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Nepal’s designation who want to maintain their status through the effective termination date of June 24, 2019, must re-register between May 22, 2018, and July 23, 2018.

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and on uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status

Airline Staffing Executive Sentenced to Prison for Years of Immigration Fraud

From USCIS News:

Release Date: May 17, 2018

SAN DIEGO – Eleno Quinteros, Jr., the former vice president of operations for two airline mechanic staffing companies, was sentenced today to 12 months in prison for making false statements in support of legal permanent resident petitions for dozens of the companies’ mechanics.

Quinteros previously admitted falsely certifying that he had received no payments from the mechanics, when in fact he had demanded and collected hundreds of thousands of dollars of unlawful fees from approximately 85 of them. Today, U.S. District Judge Michael M. Anello sentenced Quinteros to a year and a day in custody based on his view of the “enormity of the offense.”

According to his plea agreement, Quinteros demanded and collected as much as $567,480 from his foreign labor worker

Automatic Termination of Optional Practical Training for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level

From USCIS News:

USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD). 

Although authorization to engage in OPT ends upon transferring to a different school or changing educational level, students in F-1 status will not be otherwise affected as long as they comply with all requirements for maintaining their student status. These requirements include not working with a terminated EAD, because termination means that students are no longer authorized to work in the United States. Working in the U

Airline Staffing Executive Sentenced to Prison for Years of Immigration Fraud

From USCIS News:

Release Date: May 17, 2018

SAN DIEGO – Eleno Quinteros, Jr., the former vice president of operations for two airline mechanic staffing companies, was sentenced today to 12 months in prison for making false statements in support of legal permanent resident petitions for dozens of the companies’ mechanics.

Quinteros previously admitted falsely certifying that he had received no payments from the mechanics, when in fact he had demanded and collected hundreds of thousands of dollars of unlawful fees from approximately 85 of them. Today, U.S. District Judge Michael M. Anello sentenced Quinteros to a year and a day in custody based on his view of the “enormity of the offense.”

According to his plea agreement, Quinteros demanded and collected as much as $567,480 from his foreign labor worker

USCIS Policy Manual Updates

From USCIS News:

EB-5 Tenant Occupancy

USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy. Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. We have determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered reasonable methodologies to support economically or statistically valid forecasting tools.

USCIS will no longer accept tenant-occupancy models for filings on or after May 15, 2018. USCIS will continue to give deference to Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, when directly related to previously

USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions

From USCIS News:

USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned. 

 

Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will re

USCIS to Recall Incorrectly Dated Green Cards

From USCIS News:

On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record, if they have one. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within 15 days of receiving the

USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors

From USCIS News:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.  

This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enfo

USCIS Policy Manual Updates

From USCIS Alerts:

EB-5 Tenant Occupancy

USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy. Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. We have determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered reasonable methodologies to support economically or statistically valid forecasting tools.

USCIS will no longer accept tenant-occupancy models for filings on or after May 15, 2018. USCIS will continue to give deference to Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, when directly related to previousl

Visa Bulletin July 2018 Predictions

For the official June 2018 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-june-2018.aspx

Please see July 2018 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	15APR11	15APR11	15APR11	22JUL97	08MAY06
F2A	01JUL16	01JUL16	01JUL16	01JUN16	01JUL16
F2B	15JUL11	15JUL11	15JUL11	15MAR97	22JAN07
F3	08APR06	08APR06	08APR06	22OCT95	22APR95
F4	01NOV04	01NOV04	01APR04	22JAN98	01APR95

"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	22JAN12	22JAN12	22JAN12	22SEP98	01DEC07
F2A	08NOV17	08NOV17	08NOV17	08NOV17	08NOV17
F2B	22OCT11	22OCT11	22OCT11	15JUN97	15OCT07
F3	01OCT06	01OCT06	01OCT06	01JAN99	08AUG95
F4	15APR05	15APR05	15DEC04	15MAY98	01NOV95

USCIS Completes Data Entry of Fiscal Year 2019 H-1B Cap Subject Petitions

From USCIS Alerts:

USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned. 

 

Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will

USCIS to Recall Incorrectly Dated Green Cards

From USCIS Alerts:

On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record, if they have one. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within 15 days of receiving th

USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud

From USCIS News:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States. This new effort improves the way the agencies share information, collaborate on cases, and train each other’s investigators.

The MOU will increase the ability of the agencies to share information and help identify, investigate, and prosecute employers who may be discriminating against U.S. workers and/or violating immigration laws. In 2010, U

Visa Bulletin June 2018

For May 2018 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-may-2018.aspx

June 2018 Visa Bulletin has been officially released (valid from June 1 to June 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	08APR11	08APR11	08APR11	01JUN97	22MAR06
F2A	08JUN16	08JUN16	08JUN16	08MAY16	08JUN16
F2B	22JUN11	22JUN11	22JUN11	15FEB97	15JAN07
F3	15MAR06	15MAR06	15MAR06	01OCT95	08APR95
F4	22OCT04	22OCT04	15MAR04	08JAN98	22FEB95

"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	08JAN12	08JAN12	08JAN12	15JUL98	08OCT07
F2A	22SEP17	22SEP17	22SEP17	22SEP17	22SEP17
F2B	08SEP11	08SEP11	08SEP11	22MAY97	08SEP07
F3	08SEP06	08SEP06	08SEP06	22SEP98	22JUL95
F4	01APR05	01APR05	01DEC04	08MAY98	15OCT95

Visa Bulletin June 2018 Special Notes

For the official June 2018 Visa Bulletin, please click here: http://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-june-2018.aspx

Apart from posting current dates, State Department has also added special notes to Visa Bulletin mentioned above. Please see full details below:

D. SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY

Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to maintain a June Final Action Date of April 22, 2012. It is likely that number use will require the SI category to become "unavailable" in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category will not be possible until October 2018, under the FY-2019 annual limit. The SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan is not affected and remains current.

E. VISA AVAILABILITY

MEXICO E4 and SR: There cont

USCIS Plays Key Role in Miami Marriage Fraud Conviction

From USCIS News:

MIAMI – U.S. Citizenship and Immigration Services (USCIS) officers detected a multi-year fraudulent marriage scheme which resulted in the investigation and conviction of Michael Roy Fraser, a Jamaican national, on April 25, 2018.

Benjamin G. Greenberg, United States attorney for the Southern District of Florida; Mark Selby, special agent in charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office; and Linda M. Swacina, USCIS Miami and Caribbean District director, made the announcement.  

Fraser was convicted at a trial on April 25, 2018, of procurement of citizenship or naturalization unlawfully, in violation of Title 18, United States Code, Section 1425(a) and misuse of evidence of citizenship or naturalization, in violation of Title 1

Tools Outage

From USCIS Alerts:

USCIS will conduct system maintenance on Sunday, May 6, 2018, from 5 a.m. until 6 p.m. (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

USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

From USCIS Alerts:

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results.

When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept

USCIS Completes CW-1 Cap Lottery for Fiscal Year 2019 and Returns All Unselected Petitions

From USCIS Alerts:

On April 15, 2018, USCIS used a computer-generated random selection process to select enough petitions to meet the fiscal year (FY) 2019 cap of 4,999 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.

USCIS announced on April 11 that it had received CW-1 petitions for more than the number of visas available for FY 2019 and that it would conduct a lottery for petitions received between April 2 and April 13.

The agency has completed data entry for all FY 2019 CW-1 cap-subject petitions selected in the lottery and has returned all petitions that were not selected in the lottery.

If you submitted a CW-1 cap-subject petition between April 2 and April 13 and have not received a receipt notice or a returned petition by