USCIS Finishes Data Entry for ALL 2018 Cap Subject H-1Bs

USCIS announced on Wednesday that it has finished data entry for all cap subject applications it has accepted for the 2018 fiscal year.  USCIS will now begin sending back those applications not selected and will be transferring cases from Vermont to California to even the H-1B case load between the service centers.  While not all receipts have been received by everyone as of yet, if your check has not yet been cashed, or you do not receive the receipt in the next several days, most likely your case was not accepted into the Cap.

Hopefully USCIS will be able to update us within 1-2 months on how quickly they are getting through the H-1B cap cases and current backlog to give everyone a better idea of how long it will take for them to get through all the cap cases (i.e. will they complete this before October 1, 2017 or not).  We will update you as soon as we receive any additional information.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

 

February 2017 Visa Bulletin Released

unknownThe February 2017 visa bulletin was released by the Department of State yesterday.  Below is a summary of the changes.

Family Based Application:

F1:  Most countries moved forward about 1 month to 1.5 months (except the Philippines, which moved forward about 2 months).  This means that most countries are now at February 22, 2010. The exceptions are Mexico (May 8, 1995) and the Philippines (December 1, 2005).

F2A: This category actually retrogressed one month across the board.  All countries are now at April 15, 2015 except Mexico which is at April 1, 2015.

F2B: Most countries moved forward about 1 month to July 8, 2010.  Mexico moved forward only about 3 weeks to May 8, 1995. The Philippines stayed at April 9, 2006 (no movement forward or backward).

F3: Most countries moved forward about 2.5 weeks to March 22, 2005.  Mexico stayed at December 15, 1994 (no movement) and the Philippines moved forward only 1 week to September 8, 1994.

F4: There was movement forward for all countries in varying degrees.  China had the biggest movement forward (2 months) to January 22, 2004.  India moved forward about 1 month to June 15, 2003.  Mexico had the smallest movement (1 week) to May 22, 1997.  The Philippines moved forward about 2 weeks to June 22, 1993.  All other areas moved forward about 2 weeks to February 8, 2004.

Employment Based Application:

EB-1:  Still current across the board.  NOTE: Charles Oppenheim has stated that there is increased usage for this category and he may have to retrogress some countries (China and India) in the near future.

EB-2:  Current for all countries except India and China.  India did not have any movement staying at April 15, 2008.  China moved forward 1 month to November 15, 2012.  NOTE:  Charles Oppenheim did indicate increased usage across the board (especially for China and India) and did indicate there may be a need to retrogress ALL countries in the coming months.

EB-3:  Most countries moved forward to October 1, 2016.  The exceptions were China, which moved forward about 3 weeks to October 1, 2013, India, which moved forward about 1 week to March 22, 2005 and the Philippines, which moved forward almost 3 months to October 15, 2011.  NOTE:  Again, Charles Oppenheim did indicate increased usage and the possibilities of retrogression.

 

We will update you when the next visa bulletin is released or if Charles Oppenheim updates his predictions as to the movement of these visa categories.  Please contact us with any questions.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Confusion over New USCIS Forms and Acceptance of Old Forms Resolved

Unknown-1.jpegOn December 23, 2016 USCIS issued new versions for many, many of its form, including the I-129, I-140, etc.  Unfortunately, USCIS also stated that as of that date it would no longer accept prior versions of ANY of the new forms.  This is despite the fact that no notice was given prior to the 23rd that there were to be new versions or that old versions would not be accepted.

After much protest by Immigration Attorneys and others, USCIS has finally relented.  USCIS will accept old versions of ALL forms EXCEPT the N-400 (that form was first published on December 12, 2016, so some prior notice was given) until February 21, 2017.

It is certainly good to see USCIS correct this grave error.  However, it would have been even better had USCIS realized the fundamental unfairness of this type of edict to begin with.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

October 2016 VIsa Bulletin: Forward Movement for All

unknownThe Department of State released the visa bulletin for October 2016 recently. Below is a summary of movement and changes.

Family Based Immigrant Visa Numbers

F1 – Unmarried Sons and Daughters of US Citizens: This category moved forward about 1 week to September 22, 2090 for every country except Mexico (which moved forward 1 week to April 1, 1995 and the Philippines (which moved forward 1 week to August 1, 1995).

F2A – Spouses and children of Permanent Residents: All countries moved forward around 1 month, Mexico moved forward about 3 months to December 1, 2014. And the rest of the World moved forward about 5 weeks to December 22, 2014

F2B – Unmarried Sons and Daughters of Permanent Residents: Most of the world moved forward about 5 weeks to March 15, 2010. Mexico moved forward only 2 weeks to October 1, 1995 and the Philippines moved forward 1 month to January 1, 2006

F3 – Married Sons and Daughters of US Citizens: Most of the world moved forward about 3 weeks to December 22, 2004. Mexico moved forward about 1 week to November 22, 1994 and the Philippines moved forward about 3 weeks to July 8, 1994

F4 – Brothers and Sisters of US Citizens: China moved forward 4 months to May 1, 2003. India jumped just over 1 year to December 1, 2002. Mexico moved forward a couple weeks to May 1, 1997. The Philippines moved forward about 6 weeks to April 15, 1993. The rest of the world moved forward about 1 month to November 1, 2003

Predictions for coming months:

There should be forward movement on all categories in the next several months of about 2-6 weeks.

Employment Based Immigrant Visas

EB-1: As stated previously, this became current for everyone for October.

EB-2: Again, as we stated previously this became current for Worldwide numbers, Mexico and the Philippines. It moved forward to February 15, 2012 for China and to January 15, 2007 for India.

EB-3: Moved forward 1 month for Worldwide and Mexico to June 1, 2016. China jumped forward to January 22, 2013 (putting the EB-3 category ahead of the EB-2 for China). India Moved forward about 1 month to March 1, 2005 and the Philippines moved forward about 5 months to December 1, 2010.

Predictions for the Coming Months:

For EB-2s the Department of State sees China and India moving forward about 3 months (maybe 4 months for India) in the coming months. Worldwide and Mexico should remain current.

For EB-3s, they still feel that for the Worldwide numbers, demand may cause them to backlog (however this did not occur at all last year, and they thought it would then as well), but we will have to see. For China, EB-3 should move forward about 3 months. It will move forward only about 1 week for India and about 3 weeks for the Philippines.

Is USCIS going to request your Social Media IDs?

social media.jpgUSCIS published a proposed regulation that would allow them to ask for social media ids (Facebook, Twitter, etc.) for certain nonimmigrants seeking entry into the US.  It would affect those filing the online application for a visa waiver entry.  The “optional” question would be placed in the application so that USCIS could look at people’s social media pages to determine if there is a ground’s of inadmissibility that they did not report – most importantly, if they are involved in terrorist activities or in supporting terrorist groups.

This is an attempt by USCIS to ensure that those coming in through the visa waiver program, who are not required to go through the sometimes lengthy background checks that other non-immigrants are required to go through, are vetted in someway prior to entry.  In this way, USCIS is attempting to show that it is trying to secure our borders from undesirable foreigners.

While I certainly applaud USCIS for trying, I think that this is not really the way to go.  Why do I say this?  First, this is optional.  While many people may give the information as they feel that it could prejudice them if they did not, it is still not required and USCIS, therefore, cannot deny an application simply because someone failed to give the information.  In addition, at this point, terrorist organizations can simply make sure that those that will be entering the US do not put anything on their social media feeds.  Lastly, it also opens the door for USCIS to start requiring such information.  If they require this, maybe next they will want to “require” access to your cell phone, or access to private messages, etc.  Where will it stop in terms of what they can and cannot request from you whether or not you are accused of doing something or even suspected of doing something illegal?  It is a slippery slope and it would seem to only make sense to open up this Pandora’s box if the benefit outweighed the risks.  As I do not think that this is the case, I would not be in favor of this measure.

Apparently most of the 800 people who sent in comments on the proposed rule were of the same mind and castigated USCIS for even thinking of such a rule.  What do you think?  Leave a comment with your views below.

Checkin With Charlie Oppenheim on Visa Numbers

Charlie Oppenheim, the officer at the Department of State in charge of visa numbers and the Visa Bulletin, recently released an update to his predictions for the upcoming months. Below is a summary of some of that update.

Family Based Visa Numbers

According to Charlie, in September most of the family-based categories will likely hold or retrogress from where they are in August. Only F-4 Worldwide has the potential to advance in September. Charlie expects a full recovery from retrogressions in all of the family-based categories in October, with the exception of F-4 China and F-4 India which will take some time. Beginning in November 2015, beneficiaries of F-4 China and F-4 India started responding to NVC Agent of Choice letters in larger numbers, which has given Charlie better visibility into the demand in these categories, but ultimately resulted in the retrogression of these cut-off dates.

It should be noted that when we state that there will be a “full recovery” Charlie is not saying that the categories will become current, but that they will go back to their pre-August 2015 dates.

Employment Based Visa Numbers

CHINA:

The Final Action date of January 1, 2010 that was imposed in June for both EB-2 and EB-3 China remains the same in August with no forward movement in either of these categories expected this fiscal year (which ends on September 30, 2016).

EB-2 should recover partly in October, 2016 and should fully recover to its previous dates by the end of this calendar year.

INDIA:

EB-3 India should advance modestly into a 2005 Final Action date in September. EB-2 India will continue to track one week ahead of the EB-3 India Final Action date in September.

EB-2 will advance in October 1, 2016 with the new fiscal year, and should fully recover by December of this year.

WORLDWIDE:

EB-3 Worldwide has been hovering close to “current” for some time, and is expected to do so through at least October.

Eb-2 was retrogressed in August to February 1, 2014 with the hope of holding number use to within the EB-2 annual limit. That date should hold in September and is expected to fully recover to “current” in October.

August Visa Bulletin: EB-1 backlogs for India and China, EB-2 Backlogged for Everyone

UnknownThe August 2016 visa bulletin was released by the Department of State yesterday.   It features backlogs for ALL countries in the EB-2 category and other changed.  However, readers should understand, that while certain countries (India and China) have regular backlogs in the EB-2 category, those for other countries in the EB-2 category and those in the EB-1 category are  temporary.  I will discuss this more in depth below as we  look at the specifics of the Visa Bulletin:

Family Based Applications

F2A (spouses and children of permanent residents):  No movement

F4 (siblings of US citizens): No movement

F1 (unmarried sons and daughters of US Citizens):  The priority date for most countries moved forward about 2 months to May 22, 2009.  The exceptions are Mexico (no change) and the Philippines (moved forward 1 month to March 22, 2005)

F2B (unmarried sons and daughters of permanent residents):Not much movement.  Most countries moved forward about 1 month to January 8, 2010.  The exceptions are Mexico (no movement) and the Philippines (moved forward 2 months to Sep. 15, 2005)

F3 (married sons and daughters of US Citizens):  Almost no movement, except the Philippines moved forward about 2 weeks to March 15, 1994

Work Based Applications

EB1:  As discussed in previous blog posts, there was always a change of a backlog, and it has occurred.  India and China are backlogged to January 1, 2010.  This will be a TEMPORARY backlog, however.  These dates will become current again on October 1, 2016. The beginning of the new fiscal year.  Every other country remains current.

EB2:  Worldwide is backlogged to February 1, 2014.  Again, this is temporary and will become current again on October 1, 2016 the beginning of the new fiscal year.  China remained unchanged at January 1, 2010 and India moved forward very slightly to November 15, 2004

EB3: Worldwide numbers moved forward about 2 weeks to March 15, 2016.  China, again, remained unchanged at Jan. 1, 2010 and India, again, moved forward slightly to November 8. 2004.  The Philippines also moved forward in this category about two months to May 15, 2009.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.