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Immigration News and Updates
November 15, 2010:
New USCIS fees effective November 23, 2010
New fees for USCIS applications and petitions for
benefits, including the premium processing fee, are effective on
November 23, 2010. Most fees are being raised, but the fees for Form
I-539 and several other forms are being slightly lowered. In particular, the fee
for Post Completion OPT is being raised to $380
USCIS has instructed that: "Applications or petitions mailed through the U.S.
Postal Service postmarked on or after this date must include the
new fee, or they will be rejected. Applications or petitions mailed through
Courier Service with a date of mail service on or after this date
must include the new fee, or they will be rejected."
Click here to find the newest fee structure for applications and petitions
to the USCIS.
August 19, 2010:
USCIS Special Instructions For B-1/B-2
Visitors Who Want To Enroll In School
While the USCIS guidance is basically
consistent with prior guidance on students who wish to enroll in a full
course of study and need a change of status to F-1 to do so, there are
several issues in the new guidance that may be confusing:
- First, the USCIS guidance uses the
term "enroll in classes" rather than the regulatory term "enroll in
a course of study” found at 8 C.F.R. § 214.2(b)(7) and 8 C.F.R. §
248.1(c)(3), and so the language in the USCIS memo makes the
restriction seem much broader. A 2002 INS memo had defined
course of study as follows: "The term 'course of study' implies a
focused program of classes, such as a full-time course load leading
to a degree or, in the case of a vocational student, some type of
certification. Casual, short-term classes that are not the primary
purpose of the alien's presence in the United States, such as a
single English language or crafts class, would not constitute a
'course of study.' Courses with more substance or that teach a
potential vocation, such as flight training, would be considered
part of a 'course of study' and thus would require approval of a
student status."
- Second, the incidental study
guidance on the DOS Web site states that: "If you are going to the
U.S. primarily for tourism, but want to take a short course of study
which is recreational, and the course is less than 18 hours per
week, you may be able to do so on a visitor visa. If your course of
study is 18 hours or more a week, you will need a student visa. When
traveling to the U.S. to attend seminars or conferences for credit
towards a degree, then you'll need a student visa." DHS and DOS need
to integrate their guidance on this topic.
In an August 26, 2010 meeting, NAFSA brought the above issues to the
attention of USCIS. USCIS stated that the memo was not designed to
create new policy, but was rather issued in response to their receiving
an increasing number of applications for change of status from B to F-1
status, where the applicant had already begun the course of study on
which the change of status application was based. USCIS said they would
examine the points that NAFSA raised as to the wording of their
instruction notice. USCIS also mentioned they had already been
conversing with the Department of State and the Student and Exchange
Visitor Program on the question of incidental study in B status, even
before this guidance was published
December
4, 2009: H-1 Cap Count
USCIS has announced that approximately 61,100
H-1B cap-subject petitions had been filed. USCIS has approved sufficient
H1-B petitions for aliens with advanced degrees to meet the exemption of
20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of
an alien with an advanced degree will now count toward the general H1-B cap
of 65,000. USCIS will continue to accept both cap-subject petitions and
advanced degree petitions until a sufficient number of H-1B petitions have
been received to reach the statutory limits, taking into account the fact
that some of these petitions may be denied, revoked, or withdrawn.
November
12, 2009: Electronic Visa Applications
A November 12,
2009 Department of State (DOS) cable advises consular posts of DOS's plans to
implement the DS-160 nonimmigrant visa electronic application worldwide by
Spring, 2010. The DS-160 is a fully integrated electronic form that combines all
information currently collected on Forms DS-156, 157, and 158. It is currently
being piloted at
24 posts.
The cable identifies 45 "priority posts" that are directed to implement the
DS-160 no later than March 1, 2010. All remaining posts are directed to
implement the DS-160 between March 1 and April 30, 2010
July
1, 2009: ICE Begins I-9 Audit Initiative
In a July 1, 2009 news release, U.S. Immigration and Customs
Enforcement (ICE) announced that it has stepped up its enforcement of I-9 rules,
and has recently sent Notices of Inspection (NOI) to 652 businesses nationwide.
ICE stated that, "The notices alert business owners that ICE will be inspecting
their hiring records to determine whether or not they are complying with
employment eligibility verification laws and regulations... The 652 businesses
being presented with a NOI today for a Form I-9 audit have been selected for
inspection as a result of leads and information obtained through other
investigative means."
June
20, 2009: USCIS Resumes
Premium Processing for I-140
Effective June 29, 2009, USCIS will resume Premium Processing
Service for Form I-140, Immigrant Petition for Alien Worker, filed under the
following employment-based preference categories:
- EB-1 aliens of extraordinary ability
- EB-1 outstanding professors and researchers
- EB-2 members of professions with advanced degrees or
exceptional ability who are not seeking a National Interest Waiver
- EB-3 Professionals (immigrant workers with bachelor
degrees who are members of the professions)
- EB-3 Skilled Workers (immigrant workers capable of
performing skilled labor requiring at least two years of education,
training, or experience)
- EB-3 workers other than skilled workers and
professionals.
- Premium Processing Service is available for the Form
I-140 classifications listed above provided the case does not involve: 1) A
second filing of a Form I-140 petition while an initial Form I-140 remains
pending; 2) Duplicate Labor Certification requests (i.e., cases filed
without an original labor certification from the Department of labor); or 3)
A Form I-140 petition in which a final decision has been made.
I-140 Premium Processing Service is still not available for the EB-1
Multinational Executives and Managers category, nor for EB-2 or EB-3 petitions
seeking a National Interest Waiver.
November
17, 2008: New Countries Added To VWP:
Effective November 17, 2008, USCIS added new countries to its list of
countries approved under the Visa Waiver Program. Countries added are:
Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of
Korea, and the Slovak Republic to the list of Visa Waiver Program
countries. For more information and a listing of all VWP countries,
please
click here.
The USCIS final rule adding these countries also states that each of the
new countries has "agreed that its citizens must obtain an approved
travel authorization from U.S. Customs and Border Protection (CBP) via
the Electronic System for Travel Authorization [ESTA] and must possess a
valid electronic passport." ESTA is not mandatory for the other VWP
countries until January 12, 2009.
Click here
for more information on ESTA.
November
13, 2008: DHS Notice on Mandatory
Use of ESTA by VWP Entrants
The electronic pre-screening system called ESTA (Electronic System for
Travel Authorization) becomes mandatory for Visa Waiver Program (VWP)
air and sea travelers on January 12, 2009. ESTA requires VWP passengers
traveling to the United States by air or sea to register online with
ESTA and obtain a travel authorization before
they begin travel to the United States under the VWP. DHS began
accepting voluntary ESTA applications starting on August 1, 2008. The
ESTA requirement does not apply to VWP travelers entering the United
States at land Ports of Entry.
October
27, 2008: SEVIS Fee Increase
U.S. Immigration and Customs Enforcement will
raise fees for the Student and Exchange Visitor Information System (SEVIS),
effective October 27, 2008. The fee for F-1 students will be $200. The fee for
J-1 Exchange Visitors will be $180. For further information please
click here.
To view the Federal Regulations please
click here.
September
18, 2008: The Diversity Lottery The
Diversity Lottery 2010 online entry begins at
noon EDT on October 2, 2008. The English
version of the
DV-2010 Lottery Instructions
is available in PDF format for your convenience.
April 8, 2008:
H-1B Cap-Gap
Program and STEM Extension for F-1 Students OPT Students
As part of the
interim final OPT rule, duration of status and
any post-completion OPT work authorization will be automatically
extended for an F-1 student who is the beneficiary of a timely-filed
H-1B petition requesting change of status and an employment start date
of October 1 of the following fiscal year. This applies to all qualified
students on OPT, not just STEM students.
For more complete information regarding the H-1
Cap-Gap
click here or the OPT STEM Program
click here
December 20, 2007:
MRV, BCC, and IV Fee Hikes Effective January 1, 2008
The Department of State (DOS) announced that
effective January 1, 2008, the following fee hikes will be implemented:
- The Machine Readable Visa (MRV) fee
charged to nonimmigrant visa applicants will increase to $131 (a $31
increase).
- The fee to process a border crossing card
(BCC) will increase to $131 (a $31 increase)
- The fee to process an immigrant visa (IV)
will increase from $335 to $355 (a $20 increase).
In a separate notice, DOS stated that applicants who paid the prior $100 MRV fee
before January 1 will be processed only if they are scheduled and appear for a
visa interview before January 31, 2008. Applicants who paid the prior $100 MRV
fee and appear for visa interviews after January 31, 2008, must pay the
difference - $31 - before they will be interviewed.
DOS is required by law to attempt to recover the cost of processing visas, and
DOS says the fee hike is due to the cost that the FBI will charge DOS to review
the 10 fingerprints now being collected from each visa applicant.
November 20, 2007:
USCIS Revises Filing Instructions for
Petition for Alien Relative - Form I-130s to be
filed with the Chicago Lockbox
The U.S. Citizenship and
Immigration Services (USCIS) is revising the filing instructions for the
Petition for Alien Relative (Form I-130). Effective Dec. 3, 2007, all applicants
filing stand-alone Form I-130s are encouraged to file their petitions with the
Chicago Lockbox instead of a USCIS Service Center. Petitions filed with the
Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS
Service Center. This routing will be based on the petitioner’s place of
residence in the United States. Two separate post office box addresses (see
below) have been established that correspond to the appropriate USCIS Service
Center (either Vermont or California) that will process and adjudicate the
petition. Although Form I-130 will be filed with the Chicago Lockbox,
petitioners will receive receipt notices from either the Vermont or California
Service Center.
Petitioners who reside in Alaska,
Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota,
Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming are
encouraged to file their stand-alone Form I-130s with the Lockbox using the
following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-1029
Petitioners who reside in Alabama, Arkansas, Connecticut,
Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina,
Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee,
Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of
Columbia are encouraged to file their stand-alone Form I-130 with the Lockbox
using the following address:
USCIS
P.O. Box 804616
Chicago, IL 60680-1029
While the changes are effective December 3,
any Form I-130 filed with the Service Center will not be rejected; it will be
forwarded to the designated Chicago Lockbox. Petitioners are encouraged,
however, to begin using the designated Lockbox filing on the effective date in
order to avoid processing delays.
The revised form and filing instructions will be
available through USCIS’ Web site at
www.uscis.gov as soon as they are available.
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