Immigration

U.S. Citizenship and Immigration Services announced that effective October 15, 2019, various forms will be updated to coincide with the recent issuance of a final rule on the public charge ground of admissibility (section INA 212(A)(4)) published by the Department of Homeland Security on August 14, 2019.

This alert covers the State Department’s October 2019 visa bulletin and the news that employment-based immigrants may use the “filing date chart” in establishing eligibility to file I-485 applications for adjustment of status.

Processing Delays Expected to Continue For All Trusted Traveler Program Applications

This immigration alert provides an update on the status of the expiring Form I-9 and a heads-up on a major change to the E visa validity period for French citizens.

On August 9, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that over the course of the coming year it will shutter all but 7 of its 23 international offices. Offices in Beijing, Guangzhou, Nairobi, New Delhi, Guatemala City, Mexico City, and San Salvador will remain open. In March of this year, Trump administration officials had announced that the administration was planning to close all the international offices.  The recently-announced decision to keep some of them open is therefore a departure from the original plan.

Read about the Office of Management and Budget’s recent clearance of a proposed filing fee rule for USCIS’s H-1B cap registration process.

The Department of Homeland Security (DHS) recently announced the issuance of a final rule which expands the ways in which foreign nationals seeking to enter the United States can be found inadmissible based on the likelihood of becoming a “public charge.” The rule takes effect on October 15, 2019.

Read about the Department of Homeland Security’s decision to preserve and extend Temporary Protected Status (TPS) for Syrian nationals through March 31, 2021.

This Mintz article describes how recent changes in USCIS visa processing policies may affect dependents of nonimmigrant visa holders.

Read about a new Brazilian policy that permits certain citizens of the United States, Canada, Australia, and Japan to enter Brazil without obtaining a visa prior to travel.

This alert cover a USCIS announcement that it is resuming premium processing of FY20 H-1B cap petitions.

On June 10, 2019 the Department of Labor (DOL) will implement their new system for Applications for Prevailing Wage Determinations (Form ETA-9141).  The DOL has developed the Foreign Labor Application Gateway (FLAG) System as part of their technology modernization initiative.  The current system, iCERT, is decades old and the DOL believes it is not keeping pace with customer demands.  The DOL will continue to accept Form ETA-9141 through the current system, iCERT, until 11:59 p.m. EST on June 9, 2019.  All new Applications for Prevailing Wage Determinations must be submitted through FLAG beginning on June 10th. 

On June 1, 2019 the Department of State (DOS) announced that it would immediately begin requiring visa applicants to the United States to provide additional personal information on U.S. visa applications, including social media information, and all email addresses and phone numbers used over the prior five year period.  Up to 15 million visa applicants around the world could be affected by these new questions on the visa application forms. 

The Trump Administration’s travel ban is not absolute. It currently prohibits entry into the United States by all immigrants and certain nonimmigrants from Iran, Libya, North Korea, Somalia, Syria, and Yemen, and also excludes specific individuals from Venezuela.[1] Anyone barred, however, may receive a waiver to enter the country provided three criteria are met.

Read about USCIS's completion of its random selection of H-1B petitions sufficient to meet both the 65,000 “regular” cap and the 20,000 exemptions for the “U.S. master’s cap.”

This alert outlines President Trump’s new immigration plan, which favors high-skilled workers and would mark a dramatic departure from the nation's existing green card system.

Read about a Department of Homeland Security announcement that it will temporarily extend temporary protected status (TPS) for nationals of Nepal and Honduras.