Premium Processing For H-1B’s May Be Suspended Again
U.S. Citizenship and Immigration Services (USCIS) indicated that it may again temporarily delay the ability to fast-track certain H-1B applications through premium processing. The suspension is expected to happen after the annual lottery for H-1B visas the first week of April. It is unclear whether the delay will last just a few weeks after the lottery opens April 2, or if it could stretch longer. USCIS often delays premium processing for a few weeks each year so they can deal with the influx of applications. But a six-month suspension last year was the longest we had seen, and it heightened the angst associated with waiting for a decision. We hope this year any suspension of premium processing will be only weeks and not months. As we enter the last few weeks of the H-1B season, we will be accepting new cases only through March 27. Do not hesitate to contact our office with any questions about the H-1B season.
USCIS Revises Mission Statement, Removes “Nation of Immigrants”
In what may be a sign of the times, U.S. Citizenship and Immigration Services (USCIS) has revised its mission statement to remove the term “nation of immigrants,” among other changes. USCIS Director Francis Cissna announced the new mission statement on February 22, 2018. He emphasized the principles of “upholding the rule of law and ensuring the integrity of our immigration system.” He singled out deletion of the word “customers,” which, he said, “promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law. Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve. All applicants and petitioners should, of course, always be treated with the greatest respect and courtesy, but we can’t forget that we serve the American people.”
The new mission statement says: “U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.” The former mission statement said: “USCIS secures America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.”
Supreme Court Declines Trump Administration Appeal in DACA Case
On February 26, 2018, the U.S. Supreme Court blocked the Trump administration’s attempt to bypass the U.S. Court of Appeals for the Ninth Circuit. The Supreme Court let stand a ruling by a federal judge in California on January 9, 2018, to stop Trump from ending Deferred Action for Childhood Arrivals (DACA) by March 5, 2018. This means that the Trump administration must continue to accept renewal applications for the time being from those who already have DACA. The case is expected to be considered next by the Ninth Circuit.
The Supreme Court said, “It is assumed the court of appeals will act expeditiously to decide this case.” It could take another year for the case to wind its way back to the Supreme Court. Congressional legislation is also a possibility, although current prospects for such action seem dim. This means that DACA extensions will be around for a while.
DOS Releases April Visa Bulletin
The Visa Bulletin includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for April is available at: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html
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