Premium processing for cap-subject H-1B

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. 

USCIS Reaches FY 2017 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has once again received more than enough H-1B petitions within the first five business days of the fiscal year 2017 filing period to reach the annual cap of 85,000 new visas. It is the fourth consecutive year requests outstripped supply in less than a week, triggering a lottery. 

Demand for the visas, which plunged during the recession, began to rise again in 2011. The visas are initially approved for three years and can be extended for another three. Such visa extensions don’t count toward the cap.

H1B 2017 Lottery Details :

New eligibility requirements for travel under the VWP and Terrorist Travel Prevention Act Frequently Asked Questions

What is the Visa Waiver Program (VWP)?

The VWP permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.

Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies. The VWP, administered by the Department of Homeland Security (DHS), in consultation with the State Department, utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests. It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.

The New Dual Chart System: October 2015 Visa Bulletin

For the past several decades, the State Department’s monthly published Visa Bulletin has announced “cut off” dates to determine where immigrant visa applicants were in the various quota queues applicable to family, employment-based and Diversity-based immigrant visa categories. On September 9, 2015, the US Department of State announced a new system for determining eligibility to file for permanent residency.

As of October 1st, in an effort to maximize immigrant visa usage in a fiscal year, the Department of State has established a system where there are two different dates to track. “Application Final Action Dates” (AFADs) are essentially the cut off dates that have always appeared in the Visa Bulletin. “Dates for Filing Applications” (DFAs) are the dates applicants proceeding with consular processing of green cards should be notified to begin gathering documents for submission to the National Visa Center.

The new system applies to the family and employment-based green card categories. The Diversity Visa cut off system is not changed and one chart remains applicable in that category.

The DFAs are anywhere from several months to several years later than the AFADs. Here are the differences on the October Bulletin.

USICS is Not Accepting Applications for the New DACA, old DACA from 2012 still in Effect

Implementation of the new DACA and DAPA programs has been temporarily suspended. On February 17, a federal court judge decided the President’s programs were illegal. However, the existing DACA process and renewals of DACA are not affected by the recent court action.

On November 20, 2014, President Obama announced that he will be taking executive action on immigration due to inaction by congress. Two areas where individuals will see relief are an expansion of the current Deferred Action for Childhood Arrivals and a new policy of Deferred Action for parents of children who are U.S. Citizens (USC) or Lawful Permanent Residents (LPR). 

Expansion of Deferred Action for Childhood Arrivals (DACA):

Individuals meeting the following criteria will be considered for deferred action if they:

December 2014 Visa Bulletin

December 2014 Visa Bulletin has been released (valid from December 1 to December 31 only). Please see below for more details. 

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	22JUN07	22JUN07	22JUN07	15AUG94	15DEC04
F2A	22MAR13	22MAR13	22MAR13	01JAN13	22MAR13
F2B	22FEB08	22FEB08	22FEB08	01OCT94	15JAN04
F3	15DEC03	15DEC03	15DEC03	15NOV93	22JUN93
F4	22FEB02	22FEB02	22FEB02	01MAR97	01JUN91

Employment Based:

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN10	15FEB05	C	C
3rd	01NOV12	01JUN10	01DEC03	01NOV12	01NOV12
Other Workers	01NOV12	22JUL05	01DEC03	01NOV12	01NOV12
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

My Law, LLC                                            
Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1230 E. Diehl Rd. Suite 106

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Facebook Page:

https://www.facebook.com/Immigration.MyLawLLC

November 2014 Visa Bulletin

November 2014 Visa Bulletin has been released (valid from November 1 to November 30 only). Please see below for more details. 


Family Based:

Immigration benefits for same-sex married couples

Green cards, visas, and other immigration benefits have been a reality for same-sex marriage couples since the Supreme Court’s landmark gay rights decision in United States v. Windsor, which invalidated DOMA (the Defense of Marriage Act”). 

Today, thankfully, legal discrimination against LGBT immigrants is no more. Now, same-sex married couples are afforded precisely the same rights and benefits under U.S. immigration laws as are opposite-sex married couples.

With the ruling of DOMA as unconstitutional, bi-national same-sex couples can finally seek immigration benefits based on their marriage. Thus, U.S. citizens and green card holders can now petition for immigration benefits for their same-sex spouses.