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Visa Bulletin October 2015: DOS Revises EB-2 India and China Application Filing Dates
September 29, 2015
DOS has published an updated October 2015 Visa Bulletin that supersedes the earlier Bulletin originally published on September 9, 2015. DOS has revised the “Dates for Filing Applications” chart for some categories in the Family-Sponsored and Employment-Based preferences. USCIS will follow this revised chart to determine whether an applicant is eligible to file an application for adjustment of status.
Employment-Based Adjustment of Status Applications: USCIS Suspends Final Adjudication
September 29, 2015
USCIS has announced that it has suspended final adjudication of employment-based adjustment of status applications till September 30, 2015. This suspension follows a DOS report that the statutory cap for the employment-based preference categories for FY 2015 has been reached. USCIS will resume final adjudication of employment based adjustment applications beginning October 1, 2015, when visa numbers become available again.
October 2015 Visa Bulletin: Revised Format Enables Early Filings
September 22, 2015
In a significant development, starting with the October 2015 Visa Bulletin, DOS will publish two separate charts for the employment based and family based visa preference categories. In addition to the traditional chart that has been seen on all previous Visa Bulletins, a new chart prescribing the earliest dates that applicants may be able to apply for an immigrant visa will also be published every month.
17 Month OPT STEM Extension Rule Struck Down – What Next?
August 14, 2015
The U.S. District Court for the District of Columbia has struck down provisions of the April 2008 Department of Homeland Security (DHS) Interim Final Rule that extended the period of Optional Practical Training (OPT) by 17 months for F-1 students with a qualifying STEM degree (degree in Science, Technology, Engineering, or Mathematics). The Court has, while vacating the 17-month STEM extension described in the 2008 Rule, also ruled that the order vacating the Rule will remain stayed until February 12, 2016.
Visa Bulletin September 2015: EB2 China and EB2 India Retrogresses Significantly
August 14, 2015
The U.S. Department of State Visa Bulletin September 2015 shows that the priority dates for EB-3 China and EB-3 India have advanced. A significant retrogression was witnessed in EB-2 China and EB-2 India cut-off dates, with the priority date retrogressing by nearly 8 years for China and more than 2 years for India.
USCIS Issues Fact Sheet on DACA Program EAD Recall
July 21, 2015
DACA recipients who received a three-year Employment Authorization Document (EAD) after February 16, 2015, have been asked by USCIS to return the document. USCIS has notified these individuals that the three-year EADs are no longer valid and must be immediately returned, along with any related approval notices. USCIS has also warned that it will terminate the DACA and all employment authorizations of those DACA recipients who keep the invalid three-year card.
Visa Bulletin August 2015: EB2 China, EB3 India Advances; EB3 China Retrogresses
July 21, 2015
The U.S. Department of State Visa Bulletin August 2015 shows that the priority dates for EB-2 China and EB-3 India have advanced. A significant retrogression was witnessed in EB-3 China cut-off dates, with the priority date retrogressing by nearly 7 years.
FY 2016 H1B Cap Filings: USCIS Returns Petitions Not Selected in the H1B Lottery
July 15, 2015
USCIS has announced that on July 14, 2015, it has completed processing the return of FY 2016 H1B Cap-subject petitions that were not selected in the H1B Lottery. Employers who have submitted an H-1B Cap-subject petition between April 1 and April 7, 2015 have been advised to contact USCIS if they do not receive a receipt notice or a returned petition by July 20, 2015.
CBP Testing a Handheld Mobile Device to Collect Biometric Exit Data
July 15, 2015
CBP has announced that it is testing the feasibility of using an enhanced handheld mobile device to collect biometric exit data from foreign national air travelers departing the United States. During the testing, CBP officers stationed at the passenger loading bridge of selected flights departing the United States will scan selected foreign national air travelers’ fingerprints and passports using a handheld biometric device.
H1B Extension of Stay: USCIS Resumes Premium Processing
July 14, 2015
USCIS has announced that beginning July 13, it will resume accepting requests for Premium Processing service for all H1B extension of stay petitions. Petitioners seeking Premium Processing service must make sure to file the recently updated 1/29/2015 edition of Form I-907. USCIS will reject submissions made on previous editions of the form.
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