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Visa Bulletin – March 2019

The Department of State posted the visa bulletin for March today. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html for the visa bulletin for March 2019. USCIS advised that it will accept adjustment of status petitions for employment-based adjustment of status petitions for February based upon…

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USCIS Resumes Premium Processing for H-1B Petitions Filed On or Before December 21, 2018

USCIS will resume premium processing on Tuesday, February 19, 2019, for all H-1B petitions filed on or before December 21, 2018. See https://www.uscis.gov/news/news-releases/uscis-resumes-premium-processing-h-1b-petitions-filed-or-dec-21-2018 for more information.

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USCIS Published Guidance for Spousal Petitions Involving Minors

USCIS announced that it is publishing guidance for its officers to consider when adjudicating spousal petitions involving minors. See https://www.uscis.gov/news/news-releases/uscis-strengthens-guidance-spousal-petitions-involving-minors and https://www.aila.org/infonet/uscis-issues-policy-alert-on-afm-update-related for more information.

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USCIS is Publishing a Revised Form I-539 and new Form I-539A

USCIS has revised Form I-539 (Application to Extend/Change Nonimmigrant Status) and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date…

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USCIS is Accepting Negative P Visa Consultations Directly from Labor Unions

USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions. See https://www.uscis.gov/news/alerts/uscis-now-accepting-copies-negative-p-visa-consultations-directly-labor-unions for more information.

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USCIS Announces Final Rule for Changes to H-1B Visa Program

USCIS has posted for public inspection, a final rule amending regulations governing H-1B cap-subject petitions reversing the order by which USCIS selects H-1B petitions in the lottery. See https://www.uscis.gov/news/news-releases/dhs-announces-final-rule-a-more-effective-and-efficient-h-1b-visa-program for more information.

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USCIS Resume Premium Processing for FY 2019 H-1B Cap Cases

USCIS has announced that it will resume premium processing on Monday, January 28, 2019 for all pending fiscal year 2019 H-1B cap petitions. See https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-fiscal-year-2019-h-1b-cap-petitions for more information.

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Government Shutdown Ends

President Trump announced that he reached a deal with congressional leadership to sign a short-term funding bill to reopen the government that does not include funds to construct a border wall. EOIR announced that assuming that Congress passes the proposed…

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Routine Visa Services Suspended in Caracas

The U.S. Embassy in Caracas has suspended routine visa services due to the ordered departure of non-emergency personnel. See https://travel.state.gov/content/travel/en/News/visas-news/20190125_routine-visa-services-suspended-in-caracas.html for more information.

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Visa Bulletin – February 2019

USCIS advised that it will accept adjustment of status petitions for employment-based adjustment of status petitions for February based upon the final action date. USCIS will continue to accept family-based adjustment of status petitions based on their filing date. See…

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Visa Bulletin Check-In with DOS’s Charlie Oppenheim

In the February 2019 Visa Bulletin, Charlie provides his predictions for monthly forward movement for various categories. These predictions are based on current demand trends and are reliable through May 2019. See https://www.aila.org/infonet/visa-bulletin-for-february-2019 for more information.

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USCIS Proposes Changes to the H-1B Lottery System

On January 11, 2019, USCIS sent a final version of the proposed regulations to the Office of Management and Budget (OMB) for review. Once the OMB has reviewed the final version of the proposed regulations, a final rule must be…

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Visa Bulletin – February 2019

The Department of State posted the visa bulletin for February today. USCIS has not yet advised whether it will accept adjustment of status petitions for family- or employment-based petitions based on the filing dates, rather than the final action dates.…

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Mission Mexico Not Accepting Credit Cards

While many consulates across the globe accept payment by credit cards for visa application fees, Mission Mexico will continue to require fees be paid in cash at a bank in Mexico due to a high rate of credit card charge-backs.…

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USCIS Announces Termination of Parole for Certain Individuals in Commonwealth of Northern Mariana Islands (CNMI)

USCIS announced that, effective immediately, the categorical Commonwealth of the Northern Mariana Islands parole programs are terminated. After any parole authorized through these programs expires, USCIS will not renew that parole. See https://www.uscis.gov/news/alerts/termination-categorical-parole-programs-certain-individuals-present-commonwealth-northern-mariana-islands-cnmi for more information.

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Government Shutdown Implications (with updates)

USCIS - The current federal government shutdown will not affect USCIS’ fee-funded activities. Only limited programs will be affected by the shutdown, including E-Verify, EB-5 Immigrant Investor Regional Center Program, Conrad 30 Waiver Program, and Non-Minister Religious Workers. See https://www.uscis.gov/news/alerts/lapse-federal-funding-does-not-impact-most-uscis-operations…

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Federal Holiday Declared December 24th

USCIS offices will be closed on Monday, December 24th. President Trump declared that all federal departments and agencies are closed and all employees are excused from work that day. See https://www.uscis.gov/news/alerts/uscis-offices-closed-monday-white-house-executive-order for more information.

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DHS Issues Statement that Individuals Arriving from Mexico Without Proper Documentation May be Returned to Mexico.

DHS announced that effective immediately, the United States will invoke INA section 235(b)(2)(C), and under the Migration Protection Protocols, undocumented individuals arriving in or entering the United States from Mexico may be returned to Mexico for the duration of their…

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Update on USCIS Practice of Denying Pending Forms I-131 for Abandonment Due to International Travel

USCIS recently updated its website with information regarding the agency's practice of denying pending Form I-131 advance parole applications for abandonment due to international travel. Specifically, USCIS indicates on its website that if an applicant files Form I-131, Application for…

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Court Grants Motion to Intervene and Sets Briefing Schedule in H-4 EAD Case

On December 17, 2018, in Save Jobs USA v. DHS, the D.C. Circuit Court of Appeals granted a motion to intervene that Immigration Voice, a non-profit organization, filed with the court in March 2017. The court also ordered the case to be…

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Visa Bulletin – January 2019

USCIS advised that it will accept adjustment of status petitions for family and employment-based petitions based on their filing dates, and not on the final action dates. See https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-january-2019 for the updated information and the applicable January 2019 visa bulletin…

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Visa Bulletin – January 2019

The Department of State posted the visa bulletin for January today. USCIS has not yet advised whether it will accept adjustment of status petitions for family- or employment-based petitions based on the filing dates, rather than the final action dates.…

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Cap for H-2B Petitions Met for First Half of Year

USCIS has reached its congressionally mandated H-2B cap for the first half of the fiscal year 2019. See https://www.uscis.gov/news/news-releases/uscis-reaches-h-2b-cap-first-half-fy-2019 for more information.

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USCIS Policy Memo for I-751 Interviews

USCIS issued a policy memo that provides guidance to USCIS officers on waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. See https://www.uscis.gov/news/alerts/uscis-revises-interview-waiver-guidance-form-i-751 for more information.

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