U.S. Citizenship and Immigration Services today announced a regulatory change
to provide greater flexibility in the processing of initial employment
authorization documents (commonly called EADs) for asylum applicants by
removing the burdensome and agency-imposed 30-day time frame. The final
rule becomes effective on Aug. 21.
This change provides USCIS
sufficient time to receive, screen and process applications and to
address national security and fraud concerns, maintain technological
advances in identity verification and further deter those who may
attempt to defraud the legal immigration system. It also gives the
agency flexibility to shift limited adjudicator resources as needed. In
the past, the agency has been forced to divert resources away from other
types of benefit requests to meet the 30-day time frame.
Thursday, July 2, 2020
Wednesday, July 1, 2020
USCIS Extends Transitional Parole for Certain Aliens Present in the Commonwealth of the Northern Mariana Islands
USCIS announced today that it will automatically extend parole, and
employment authorization if applicable, for certain aliens present in
the Commonwealth of the Northern Mariana Islands (CNMI). This specific
extension of parole will apply only to current parolees whose parole
status will expire on June 29, 2020.
To ensure that all eligible aliens, including parolees, will have the full opportunity to apply for CNMI long-term resident status without interruption to their parole status, USCIS will automatically extend parole (and employment authorization, if applicable) for these aliens without interruption through Aug. 17, 2020.
The CNMI long-term resident status was created by the Northern Mariana Islands Long-Term Legal Residents Relief Act (Public Law 116-24), signed into law on June 25, 2019. The new law specifically gave the Department of Homeland Security the discretion to authorize parole, with work authorization, for these aliens during the time period needed to implement the new law.
To ensure that all eligible aliens, including parolees, will have the full opportunity to apply for CNMI long-term resident status without interruption to their parole status, USCIS will automatically extend parole (and employment authorization, if applicable) for these aliens without interruption through Aug. 17, 2020.
The CNMI long-term resident status was created by the Northern Mariana Islands Long-Term Legal Residents Relief Act (Public Law 116-24), signed into law on June 25, 2019. The new law specifically gave the Department of Homeland Security the discretion to authorize parole, with work authorization, for these aliens during the time period needed to implement the new law.
Thursday, June 25, 2020
USCIS to Publish Revised Form I-129CW on June 18
On May 14, 2020, U.S. Citizenship and Immigration Services published an interim final rule (IFR) implementing the Northern Mariana Islands U.S. Workforce Act of 2018. The IFR will take effect on June 18, 2020, and it includes a revised Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker, and instructions.
USCIS will publish the revised Form I-129CW on uscis.gov on or before June 18. Starting June 18, USCIS
Sunday, June 21, 2020
Trump Expected To Suspend H-1B, Other Visas Until End Of Year
President Trump is expected to sign an order to suspend H-1B, L-1 and other temporary work visas through the end of the year, according to the multiple sources familiar with the plan.
The new order — which is expected to come with broad exceptions — comes as the administration continues to wrestle with high unemployment among American workers because of the coronavirus pandemic and tries to kick-start the economic recovery.
The order would target H-1B visas, which are designed for certain skilled workers such as those employed in the tech industry, as well as L-1 visas, which are meant for executives who work for large corporations.
The executive action is also expected to suspend H-2B visas for seasonal workers such as hotel and construction staff, and J-1 visas, which are meant for research scholars and professors and other cultural and work-exchange programs. Trump could renew the suspensions when they lapse. The order is not expected to immediately affect anyone already in the United States.
"No matter how you slice it, this is shaping up to be a big win for American workers at a critical time," said RJ Hauman, government relations director at the Federation for American Immigration Reform, which advocates for lower levels of immigration. FAIR had called on Trump to suspend guest worker visas.
"We have some concern over potential abuse of broadly written exceptions, but there is still time for that to be addressed, both now and during implementation," Hauman said.
The White House did not immediately respond to questions about the plans. If signed, it would be the latest restriction on immigration imposed by the Trump administration since the beginning of the coronavirus pandemic earlier this year.
In May, Trump issued a temporary halt on new green cards but stopped short of suspending guest worker programs amid concerns from the business community.
Negotiations are ongoing in the latest order over various exceptions, including whether au pairs should be included, and changes could still occur before Trump signs the measure, which could happen imminently. But plans for the order have already raised significant concerns among business and industry groups, as well as universities who depend on foreign workers and scholars.
"The ban on H-1B visas, which are often used to fill very niche positions that are not easily found in the American workforce, will ultimately prove to be counterproductive and is an example of using a nuclear bomb to address a bar fight," said Leon Fresco, a former deputy assistant attorney general in the Obama administration who now represents H-1B workers.
The order does include many exceptions.
It does not apply to H-2A agriculture workers who Trump says are necessary to ensure grocery store shelves remain stocked with fruits and vegetables. Health care workers involved in treating coronavirus patients would also be exempt.
The order would make broad exceptions for travel in the national interest, including in the areas of economics, public health and national security. The U.S. State Department will review and approve these applications on a case-by-case basis.
In 2018, the Trump administration first tightened rules for companies that contract out high-skilled workers who are in this country on H-1B visas. The visas themselves have become controversial. U.S. companies use them to hire highly skilled foreign workers in situations in which they say there is a shortage of U.S.-born talent.
The visas are good for three years and renewable for another three-year term. Critics of the visas — 85,000 of which are issued every year — say American workers are aced out of competition with workers who can be paid less.
The new order — which is expected to come with broad exceptions — comes as the administration continues to wrestle with high unemployment among American workers because of the coronavirus pandemic and tries to kick-start the economic recovery.
The order would target H-1B visas, which are designed for certain skilled workers such as those employed in the tech industry, as well as L-1 visas, which are meant for executives who work for large corporations.
The executive action is also expected to suspend H-2B visas for seasonal workers such as hotel and construction staff, and J-1 visas, which are meant for research scholars and professors and other cultural and work-exchange programs. Trump could renew the suspensions when they lapse. The order is not expected to immediately affect anyone already in the United States.
"No matter how you slice it, this is shaping up to be a big win for American workers at a critical time," said RJ Hauman, government relations director at the Federation for American Immigration Reform, which advocates for lower levels of immigration. FAIR had called on Trump to suspend guest worker visas.
"We have some concern over potential abuse of broadly written exceptions, but there is still time for that to be addressed, both now and during implementation," Hauman said.
The White House did not immediately respond to questions about the plans. If signed, it would be the latest restriction on immigration imposed by the Trump administration since the beginning of the coronavirus pandemic earlier this year.
In May, Trump issued a temporary halt on new green cards but stopped short of suspending guest worker programs amid concerns from the business community.
Negotiations are ongoing in the latest order over various exceptions, including whether au pairs should be included, and changes could still occur before Trump signs the measure, which could happen imminently. But plans for the order have already raised significant concerns among business and industry groups, as well as universities who depend on foreign workers and scholars.
"The ban on H-1B visas, which are often used to fill very niche positions that are not easily found in the American workforce, will ultimately prove to be counterproductive and is an example of using a nuclear bomb to address a bar fight," said Leon Fresco, a former deputy assistant attorney general in the Obama administration who now represents H-1B workers.
The order does include many exceptions.
It does not apply to H-2A agriculture workers who Trump says are necessary to ensure grocery store shelves remain stocked with fruits and vegetables. Health care workers involved in treating coronavirus patients would also be exempt.
The order would make broad exceptions for travel in the national interest, including in the areas of economics, public health and national security. The U.S. State Department will review and approve these applications on a case-by-case basis.
In 2018, the Trump administration first tightened rules for companies that contract out high-skilled workers who are in this country on H-1B visas. The visas themselves have become controversial. U.S. companies use them to hire highly skilled foreign workers in situations in which they say there is a shortage of U.S.-born talent.
The visas are good for three years and renewable for another three-year term. Critics of the visas — 85,000 of which are issued every year — say American workers are aced out of competition with workers who can be paid less.
Tuesday, June 16, 2020
July 2020 Visa Bulletin Analysis
For July 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-july-2020.aspx
Please see below analysis of July 2020 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 17 Days | +1 Month 17 Days | +1 Month 17 Days | +23 Days | +4 Months |
| F2A | No Change | No Change | No Change | No Change | No Change |
| F2B | +1 Month 17 Days | +1 Month 17 Days | +1 Month 17 Days | +21 Days | +4 Months |
| F3 | +23 Days | +23 Days | +23 Days | +16 Days | +4 Months |
| F4 | +14 Days | +14 Days | +17 Days | +24 Days | +4 Months |
"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 | +2 Months 7 Days | +2 Months 7 Days | +2 Months 7 Days | +17 Days | +5 Months 7 Days |
| F2A | +1 Month | +1 Month | +1 Month | +1 Month | +1 Month |
| F2B | +2 Months | +2 Months | +2 Months | +23 Days | +3 Months |
| F3 | +1 Month | +1 Month | +1 Month | No Change | +5 Months 7 Days |
| F4 | +15 Days | +15 Days | +21 Days | +1 Month | +4 Months 7 Days |
July 2020 Visa Bulletin
For June 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-june-2020.aspx
For analysis of July 2020 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-analysis-july-2020.aspx
July 2020 Visa Bulletin has been officially released (valid from July 1 to July 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 | 08JUL14 | 08JUL14 | 08JUL14 | 08DEC97 | 01JUN11 |
| F2A | C | C | C | C | C |
| F2B | 01MAY15 | 01MAY15 | 01MAY15 | 08MAR99 | 01JAN11 |
| F3 | 08MAY08 | 08MAY08 | 08MAY08 | 08JUL96 | 15AUG01 |
| F4 | 22AUG06 | 22AUG06 | 08FEB05 | 01JUN98 | 01JUN01 |
"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 | 22APR15 | 22APR15 | 22APR15 | 08JAN00 | 08FEB12 |
| F2A | 01JUN20 | 01JUN20 | 01JUN20 | 01JUN20 | 01JUN20 |
| F2B | 01FEB16 | 01FEB16 | 01FEB16 | 15OCT99 | 01AUG11 |
| F3 | 15APR09 | 15APR09 | 15APR09 | 15JUL00 | 22APR02 |
| F4 | 15AUG07 | 15AUG07 | 22OCT05 | 08MAR99 | 08JAN02 |
July 2020 Visa Bulletin Special Notes
For the official July 2020 Visa Bulletin and Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2020/visa-bulletin-july-2020.aspx
Apart from posting current dates, State Department has also added special notes to Visa Bulletin mentioned above. Please see full details below:
D. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV
E. VISA AVAILABILITY
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