USCIS Reaches FY 2019 H-1B Cap
USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. Over the next four to six weeks, the agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings by related entities. Please see USCIS guidance here regarding prohibited multiple filings.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in occupations that require specialized knowledge. Unfortunately, now the 2019 allotment has been met, U.S. businesses will have a more difficult time finding the talented labor force they need.
Omnibus Spending Bill Does Not Include a Provisions for Dreamers
A $1.3 trillion omnibus spending bill signed by President Trump on March 23, 2018, keeps the federal government in operation through September 30, 2018, and increases overall funding for various aspects of federal immigration enforcement, among other things. Notably, the bill does not include any provisions for addressing the “Dreamers,” beneficiaries of the Deferred Action for Childhood Arrivals program that President Trump discontinued. Again, Congress has failed to act to support our immigrant communities despite the public pressure to do so.
State Dept. Seeks to Add Social Media Questions to Visa Application Forms
The Department of State is seeking Office of Management and Budget approval to revise the immigrant and nonimmigrant visa applications to add several new questions. One question would require all visa applicants to list which social media platforms they used during the five years preceding the date of application. Other questions seek five years of previously used telephone numbers, and email addresses. The Department said it would collect this information from visa applicants for “identity resolution and vetting purposes based on statutory visa eligibility standards.”
The Department is accepting comments from the public until May 29, 2018. The immigrant OMB submission is at https://bit.ly/2E9Ycg4. The nonimmigrant OMB submission is at https://bit.ly/2E9SIBV. The above proposed questions, in addition to probably creating significant visa delays, is unlikely to increase the safety of the U.S. while making the process more difficult.
OIG Says USCIS Has Unclear Website Info and Unrealistic Time Goals for Adjudicating Green Card Applications
U.S. Citizenship and Immigration Services’ (USCIS) Office of Inspector General (OIG) recently found that information USCIS posts on its website about the time it takes field offices to adjudicate green card applications (processing times) is confusing and “unclear and not helpful” because it does not reflect the actual amount of time it takes field offices, on average, to complete green card applications. The OIG recommended that USCIS present information on the USCIS website that is more accurate, and reassess the current time goal of 120 days to determine whether it is reasonable and realistic, increasing the time frame if necessary. USCIS concurred with both recommendations. The report is here.
DOS Released 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 here.
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