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Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Tiyalaw — Sat, 12 May 2018 19:38:12 +0000

Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants

Effective August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) implements a new and more restrictive immigration policy on the accrual of unlawful presence for F, J and M nonimmigrants and their dependents, admitted/authorized to stay for duration of status (D/S) or until a specific date. This USCIS new policy is to update Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

F and M are student visas. An F visa is for an academic student to study in the U.S. at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. An M visa (vocational student) is participating in vocational or other nonacademic programs, other than language training. J is an exchange visitor visa for participating in an approved program for teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

For nonimmigrants above who failed to maintain immigration status before August 9, 2018, their unlawful presence starts from August 9, 2018, unless they have previously started accruing unlawful presence on the earliest day of the following:

The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

For nonimmigrants above who failed to maintain nonimmigrant status on or after August 9, 2018, their unlawful presence starts on the earliest day of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

A dependent’s status (F-2, J-2 and M-2) ends when the nonimmigrant status of the F-1, J-1 or M-1 ends. Alternatively, a dependent’s status in F-2, J-2 or M-2 may end due it his/her own’s activities or situations.

The accrual of unlawful presence for individuals present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.

Unlawful presence affects an individual’s immigration benefits. Generally, individuals subject to a time bar are ineligible for a visa, admission, or Green Card unless they have an approved waiver or another form of relief. For examples, an individual with over 180 days of unlawful presence in a single stay may, upon departing the US, trigger a 3-year or 10-year bar from entering the U.S. Individuals who have over a year of unlawful presence who either reentered or attempted to reenter the US may trigger a permanent bar to inadmissibility.

For additional information on USCIS new policy on unlawful presence for J, F and M nonimmigrant status, please see

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf

May 11, 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: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

Tiyalaw — Sat, 30 Apr 2016 18:59:36 +0000

Immigration Has Been Issuing H-1B Cap Receipt Notices for a Few Weeks. When Will Immigration Confirm Rejection of H-1B Cap Cases Not Selected in the Lottery System?

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 its quota.

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). H-1B Cap Petitions not selected in the lottery system were being returned in the summer.

On May 12, 2016, USCIS will begin premium processing 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.

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.

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.

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 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 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 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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USCIS Bangkok Field Office in Thailand Will Close for a Day on May 2, 2016

Tiyalaw — Fri, 29 Apr 2016 23:29:08 +0000

USCIS Bangkok Field Office in Thailand Will Close for a Day on May 2, 2016

U.S. Citizenship & Immigration Services (USCIS) adjudicates most immigration cases. USCIS offices are mostly based in the U.S., with some offices abroad.

USCIS Bangkok Field Office will close for maintenance on Monday, May 2, 2016. It will resume operations during normal business hours on Tuesday, May 3, 2016. Its regular business hours are from 8:30 a.m. to noon, from Mondays to Fridays. It closes on Thai and American holidays.

The May 2, 2016 closure information is important because USCIS Bangkok has jurisdiction over many U.S. immigration matters for the Asia/Pacific District, covering countries such as Australia, New Zealand, Burma (Myanmar), Cambodia, Laos, Vietnam, Thailand, Singapore, Indonesia, Malaysia, Brunei, East Timor, Taiwan, Macau, and Hong Kong.

USCIS Bangkok accepts walk-ins on a first-come, first-serve basis. Government filing fee for immigration petitions and applications is payable at the U.S. Embassy’s cashier with either a Visa or MasterCard, or in cash with U.S. dollars or Thai baht.

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 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.