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USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

Tiyalaw — Tue, 20 Mar 2018 22:47:30 +0000

USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap

U.S. Citizenship and Immigration Services (USCIS) has just announced that it will be suspending premium processing service, temporarily, for all cap-subject H-1B petitions, starting April 2, 2018. This suspension is expected to last until September 10, 2018. Currently, this suspension applies only to H-1B petitions that are subject to Fiscal Year (FY) 2019.

H-1B employers will be eligible to submit H-1B petitions subject to FY 2019 visa cap to be received by USCIS on April 2, 2018. With this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Services, filed with H-1B petitions that are subject to FY 2019 visa cap.

The reason for this premium-processing suspension is so that USCIS may adjudicate other H-1B petitions that have been long pending.

With a premium processing service, USCIS will adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or denial within 15 days). With this temporarily suspension, there will be processing delay for FY 2019 H-1B cap petitions/visas. This means, it will be some months before USCIS will be able to adjudicate H-1B petitions subject to FY 2019 visa cap that are fortunate enough to be selected in the H-1B lottery process.

March 20, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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Not Selected in the H-1B Cap Lottery? Avoid Immigration Fraud: Maintaining Status in the U.S. and Reapplying.

Tiyalaw — Tue, 10 May 2016 19:36:32 +0000

Not Selected in the H-1B Cap Lottery? Avoid Immigration Fraud: Maintaining Status in the U.S. and Reapplying.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up: Potential H-1B Candidates Who Continue to Stay in the U.S. Must Maintain Legal Immigration Status

H-1B candidates who have not made it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted to USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. Such H-1B candidates may also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

Please note, if potential H-1B candidates are in the U.S. and are considering other immigration options such as the above, they must still continue to maintain legal immigration status in the U.S., in compliance with U.S. Immigration & Nationality Law.

Example of Failure to Maintain Status: Immigration Fraud

On April 5, 2016, special agents of the Homeland Security Investigations (HSI) of the U.S. Immigration and Customs Enforcement (ICE) arrested 21 individuals (e.g. brokers, recruiters) for conspiracy to commit visa fraud, conspiracy to harbor aliens for profits, and other offenses. In addition to the arrests of the defendants, the international students involved in the student-visa fraud or pay-to-stay scheme were also arrested by ICE for removal (deportation) purposes. The arrests were made in Virginia, Washington, New York, and New Jersey. HSI and ICE are part of the U.S. Department of Homeland Security.

The defendants fraudulently enabled around 1,076 international students, primarily from India and China, to enroll as F-1 students under the false pretense that they were participating in full courses of study at the University of Northern New Jersey (UNNJ) in New Jersey. All the international students were considered willing participants in the fraudulent F-1 scheme.

Unbeknownst to the defendants, UNNJ is a sting operation – a storefront serving as undercover operations – by HSI agents posing as school administrators to investigate criminal activities involving student visa fraud and alien harboring for profits. UNNJ was not staffed with any educators, had no actual academic curriculum, and did not have actual classes or educational activities.

The defendants solicited UNNJ and facilitated the international students’ enrollment at UNNJ to fraudulently obtain and maintain F-1 student visa or status, in exchange for commissions or kickbacks. The defendants also created fake student records such as transcripts, attendance records, diplomas, and projects, purchased by international students.

International students were issued UNNJ I-20 Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students, for international students to remain in the U.S. These I-20 Certificates and phony student documents were then used to apply for H-1B Cap Petitions with the U.S. Citizenship and Immigration Services (USCIS). Additionally, the defendants used UNNJ to obtain work permit and employment authorization for their clients (international students).

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet the cap.

USCIS received over 236,000 H-1B Cap Petitions described above. USCIS had long completed its computer-generated random selection process (lottery system) which started on April 9, 2016.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit.

For some time now, USCIS has been issuing receipt notices for the above H-1B Cap Petitions filed under premium processing, regular processing, and U.S. advanced degree.

Normally, all USCIS receipt notices for selected H-1B Cap Petitions were being issued within several weeks of the lottery system (random selection process).

USCIS announced on May 2, 2016 that it has completed all its data entry of H-1B Cap Petitions selected in its lottery system. USCIS will now begin returning all H-1B Cap Petitions not selected. Due to the overwhelming number of H-1B Cap Petitions received, USCIS is not certain when it will complete returning all the unselected petitions but will issue an announcement once they are all returned to the employers (petitioners). Previously, H-1B Cap Petitions not selected in the lottery system were being returned throughout the summer.

USCIS urges employers (petitioners) not to inquire on the status of their H-1B Cap Petitions until they have received a receipt notice or a return of an unselected petition. This will allow USCIS to better-use their resources such as on adjudicating cases and completing the necessary return of unselected petitions.

On May 12, 2016, USCIS will begin premium processing of H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days. Additionally, employers have the option to upgrade their selected H-1B Cap Petitions to premium processing.

All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. Certain employers are cap exempt.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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US Immigration Completes its Random Selection Process for 2017 H-1B Cap

Tiyalaw — Wed, 13 Apr 2016 01:03:51 +0000

US Immigration Completes its Random Selection Process for 2017 H-1B Cap

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

USCIS plans to process the above H-1B Cap Petitions selected in the lottery system no later than May 16, 2016. However, in prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

What is an H-1B?

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter or child of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

Tiyalaw — Sun, 08 Jul 2012 15:34:26 +0000

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are:

Came to the United States under the age of sixteen;
Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012);
Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND
Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

July 7, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.