DHS Proposes Merit-Based Rule for More Effective and Efficient H-1B Visa Program

WASHINGTON—The Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption, likely increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number, and introducing a more meritorious selection of beneficiaries.

USCIS Clarifies the L-1 One-Year Foreign Employment Requirement

USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”). This clarification is intended to ensure consistent adjudication of L-1 petitions by providing a standard basis for calculating time for the one-year foreign employment requirement.

The L-1 nonimmigrant classification allows a U.S. employer to transfer an executive or manager (L-1A) or an employee with specialized knowledge (<a ta

Immigration Services Available for Those Affected by Super Typhoon Yutu in the CNMI

USCIS offers immigration services that may help people affected by unforeseen circumstances, including the Super Typhoon Yutu in the Commonwealth of the Northern Mariana Islands (CNMI).

The following services may be available on a discretionary basis, only upon request. These services may include changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States; 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 applications, where appropriate; and rescheduling interviews or biometrics appointments with USCIS. Please visit the Special Situations web page for additional inform

Queens Immigration Attorney Found Guilty Of Operating Asylum Fraud Scheme

Release Date: Nov. 20, 2018

Andreea Dumitru Knowingly Made False Statements and Representations On More Than 100 Asylum Applications

The United States Attorney for the Southern District of New York, announced that Andreea Dumitru, also known as “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was found guilty in Manhattan federal court of asylum fraud, making false statements to immigration authorities, and aggravated identity theft on Nov. 19, 2018, following a two-week trial before United States District Judge Lewis A. Kaplan. 

Manhattan U.S. Attorney Geoffrey S. Berman said, “Andreea Dumitru, an immigration attorney, scammed the asylum program, which was designed to provide safe harbor for the world’s most vulnerable people.  She will now serve time in pris

Tools Outage

USCIS will conduct system maintenance on. Tuesday, Nov. 20, 2018, from 9 p.m. until 11:30 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

We apologize for any inconvenience this may cause.

USCIS Simplifies Access to Online Data

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has consolidated the data pages on its website to include all data on one page. The new Immigration and Citizenship Data page makes information more easily accessible to users.

In addition to the redesigned data page, USCIS has published an Understanding Our Data page to help users understand data the agency publishes.

“This new and improved data page on our agency website is another step we’ve taken to modernize the information sharing process, provide transparency, and shed additional light on the USCIS mission,” said USCIS Director L. Franci

USCIS Issuing Biometric Appointment Notices for Domestic N-565 and N-600 Applicants

On Nov. 1, 2018, USCIS began requesting that domestic applicants filing Form N-565, Application for Replacement Naturalization/Citizenship Document, go to an Application Support Center (ASC) appointment to submit biometric information (including photos, signature, and index fingerprint). USCIS will also ask applicants filing Form N-600, Application for Certificate of Citizenship, to begin submitting biometric information at ASCs early next year.

Applicants will not have to pay a biometrics fee at this time.

Visa Bulletin January 2019 Predictions

For official December 2018 Visa Bulletin and analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-december-2018.aspx

Please see January 2019 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	22AUG11	22AUG11	22AUG11	08SEP97	22APR07
F2A	01NOV16	01NOV16	01NOV16	15OCT16	01NOV16
F2B	22MAR12	22MAR12	22MAR12	01JUL97	08JUL07
F3	01SEP06	01SEP06	01SEP06	08JAN96	15JUL95
F4	15MAY05	15MAY05	22JUN04	15FEB98	15AUG95

"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	08MAY12	08MAY12	08MAY12	08JUL99	01MAR08
F2A	01JAN18	01JAN18	01JAN18	01JAN18	01JAN18
F2B	08JUN14	08JUN14	08JUN14	15AUG97	22DEC07
F3	08FEB07	08FEB07	08FEB07	08FEB00	01AUG97
F4	08MAR06	08MAR06	15JAN05	01OCT98	01JUL97

Brazilian National Found Guilty of Making False Statements in Naturalization Proceedings

Release Date: Nov. 13, 2018

On Nov. 9, 2018, Etevaldo Ferreira De Souza, 47, of West Palm Beach, Florida, was found guilty by a jury of one count of making false statements in a naturalization proceeding, in violation of Title 18, United States Code, Section 1015(a).

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Mark Selby, special agent in charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.

According to the evidence presented at trial, De Souza was charged with aggravated homicide and armed conspiracy in Brazil in 1993. According to the Brazilian charges, De Souza, although not himself a police officer, conspired with corrupt police officers to commit a murder. In or before 1998, De Souza entered the United States illegally.  In 2012, De So

December 2018 Visa Bulletin Analysis

For December 2018 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-december-2018.aspx

Please see below analysis of December 2018 Visa Bulletin:

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	+1 Month 16 Days	+1 Month 16 Days	+1 Month 16 Days	No Change	+14 Days
F2A	+23 Days	+23 Days	+23 Days	+21 Days	+23 Days
F2B	+1 Month 14 Days	+1 Month 14 Days	+1 Month 14 Days	No Change	+7 Days
F3	+24 Days	+24 Days	+24 Days	No Change	+16 Days
F4	+1 Month	+1 Month	+7 Days	No Change	+1 Month

"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	No Change	No Change	No Change	+6 Months 14 Days	No Change
F2A	No Change	No Change	No Change	No Change	No Change
F2B	No Change	No Change	No Change	+1 Month 9 Days	No Change
F3	No Change	No Change	No Change	+9 Months 17 Days	No Change
F4	+8 Months	+8 Months	No Change	+2 Months 23 Days	+1 Year 14 Days

Visa Bulletin December 2018

For November 2018 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-november-2018.aspx

For analysis of December 2018 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2018/visa-bulletin-analysis-december-2018.aspx

December 2018 Visa Bulletin has been officially released (valid from December 1 to December 31 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	08AUG11	08AUG11	08AUG11	01AUG97	15FEB07
F2A	08OCT16	08OCT16	08OCT16	22SEP16	08OCT16
F2B	15FEB12	15FEB12	15FEB12	08JUN97	08JUN07
F3	01AUG06	01AUG06	01AUG06	22DEC95	08JUL95
F4	22APR05	22APR05	08JUN04	08FEB98	15JUL95

"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	08MAR12	08MAR12	08MAR12	22APR99	15FEB08
F2A	01DEC17	01DEC17	01DEC17	01DEC17	01DEC17
F2B	22MAR14	22MAR14	22MAR14	01AUG97	15DEC07
F3	08JAN07	08JAN07	08JAN07	08OCT99	01JUN97
F4	01FEB06	01FEB06	01JAN05	15SEP98	22APR97

USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; <a target='_blank' href="https://www.uscis.gov/no

Tools Outage

USCIS will conduct system maintenance on. Sunday, Nov. 4, 2018, from 5 a.m. until 6:00 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

We apologize for any inconvenience this may cause.

USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

U.S. Citizenship and Immigration Services and the U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. Earlier this year, the USCIS California Service Center (CSC) and the CBP Blaine, Washington, port of entry (POE) announced this pilot program which was scheduled to run from April 30, 2018, through Oct. 31, 2018.

This pilot program allows, but does not require, Canadian citizens to request that USCIS remotely adjudicate their petitioning employer’s Form I-129 or I-129S prior to their arrival or when they arrive at the Blaine POE. USCIS continues to