Immigration News & Processing:  USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions.   Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned.  H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload.  USCIS will issue notice regarding such a transfer.  Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

For additional information, please visit:  https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2019-h-1b-cap-subject-petitions 

May 15, 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 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.

More News

• Immigration News: USCIS Recalling Incorrectly Dated Green Cards
• Immigration News: USCIS New Policy on Unlawful Presence for F, J and M Nonimmigrants
• USCIS Met FY 2019 H-1B Cap
• Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered
• No More DACA Deal? TN For Mexico in Crisis!
• Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension
• USCIS Completed FY 2019 H-1B Cap Lottery Process
• Immigration News: USCIS & FAM New Policy for Sibling DNA Testing

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:

1. 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;
2. The day after their I-94 expired; or
3. 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:

1. 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;
2. The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
3. The day after the I-94 expires; or
4. 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.

More News

• Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019
• Processing Delay for H-1B Petitions for Visa Cap 2019 with Temporary Premium Processing Suspension
• USCIS Completed FY 2019 H-1B Cap Lottery Process
• USCIS Met FY 2019 H-1B Cap
• No More DACA Deal? TN For Mexico in Crisis!
• I-751 Biometric Appointment Notices with Incorrect Application Support Center
• Immigration News: USCIS Recalling Incorrectly Dated Green Cards
• Immigration News: USCIS & FAM New Policy for Sibling DNA Testing