Important Information for Pending Cases During the Transition from the Current Version of the Form G-28 to the Revised Version

From USCIS: We are aware that some attorneys and accredited representatives who recently filed the current version of the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, may have received a courtesy copy instead of an original document.

This occurred because we recently made necessary system changes to incorporate the new features that appear on the revised Form G-28. Release of the new Form G-28 has been temporarily delayed and, as a result, is not yet available for public use.

We expect the new Form G-28 will be out soon, however, in the interim, USCIS adjusted its notice mailing process until the new form is available for public use.

During the Transition

Until the new Form G-28 is available for public use, we are working to ensure that attorneys and accredited representatives with a valid G-28 on file receive original notices for any cases currently pending with USCIS.

Update: EAD For H4 Visa Holders

From USCIS: U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society.

H-2B Cap Reached for the First Half of Fiscal Year 2015

From USCIS: USCIS has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status for the first half of fiscal year (FY) 2015.

Jan. 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date prior to April 1, 2015.

What Happens Now

• USCIS will reject new cap-subject H-2B petitions that were received after January 26, 2015, and that request an employment start date prior to April 1, 2015.
• No cap numbers from the first half of FY 2015 will be available in the second half of FY 2015, which begins April 1, 2015.

Final Rule: Notices of Decisions and Documents Evidencing Lawful Status, Effective Jan. 27, 2015

From USCIS: The final rule, Notices of Decisions and Documents Evidencing Lawful Status, published on Oct. 29, 2014, is effective on Jan. 27, 2015. This rule amends regulations governing when USCIS will:

• correspond with,
• issue a notice of decision to, or
• provide documents to

an applicant, petitioner, or requester, and/or an attorney of record or accredited representative.
The rule also explains how a person can consent to have such notices and secure identification documents sent directly to a designated representative.

April 2015 Visa Bulletin Predictions

For March 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/02/march-2015-visa-bulletin.html

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

Quick Summary:

• EB1, EB4, EB 5: Current
• EB2 Rest Of World: Current
  EB2 China: 1-3+ months
  EB2 India: 4-6 months. Please see article 1. Also see article 2.
• EB3 (ROW, Mexico): 4-8 months. Please see article.
  EB3 China: 4-8 weeks
  EB3 India: 1-2 weeks
  EB3 Philippines:  4-8 months. 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	15AUG07	15AUG07	15AUG07	15SEP94	01MAR05
F2A	22JUL13	22JUL13	22JUL13	22JUN13	22JUL13
F2B	22AUG08	22AUG08	22AUG08	22JAN95	22APR04
F3	15FEB04	15FEB04	15FEB04	15MAR94	15AUG93
F4	08JUN02	08JUN02	08JUN02	22JUN97	08OCT91

Employment Based:

March 2015 Visa Bulletin Analysis

For March 2015 Visa  Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/02/march-2015-visa-bulletin.html

Please see below analysis of March 2015 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1650 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 700 per month. 

EB2 China: EB2 China moved forward by 5.5 months in this visa bulletin. It is likely to continue to move forward around at a fast pace in the net few months.

EB2 India: EB2 India category also got a big jump in this visa bulletin. It moved forward by around 16 months to 01JAN07. Per the latest pending inventory, there around 1,000 I-485 pending applications before that date. In addition, 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.

Update on EAD For H4 Visa Holder

USCIS has recently submitted the final rules to the Office of Management and Budget (OMB) to  make certain H4 visa holders eligible to obtain employment authorization.

It may take 30 to 60 days for OMB office to approve this ruling. After this rule is approved,  it would be sent to the Federal Register for publication and implementation.

Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:

• Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Have been granted an extension of their authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act. AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.