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USCIS Resumes Premium Processing for all H-1B Petitions
On Tuesday March 12, 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing program for all H-1B petitions currently pending adjudication and to be filed with the Service. For those that received a Request for Evidence (RFE) for a pending petition, may now include with the RFE response a request for premium processing.
For those not familiar with the program, by filing a request for this service USCIS guarantees a 15-calendar day processing time for the petition. If an adjudication action is not taken within the 15-calendar day window, USCIS refunds the nonimmigrant Petitioner’s fee paid for the service and continues with expedited processing of the petition. Currently, the service for this fee is $1,410 USD.
However, please note that the USCIS Service Center Operations Directorate (SCOPS) has clarified that the March 12th announcement is not specific to H-1B cap-subject petitions to be filed for FY 2020. SCOPS clarified that details about the FY 2020 H-1B cap season, and whether premium processing will be allowed, will be made in a separate announcement. Our office will continue to monitor eligibility to file premium processing requests for the upcoming H-1B FY 2020 season and provide updates as soon as they become available.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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Important Updates for H-1B FY 2020 Season
On January 31, 2019, the Department of Homeland Security (DHS) issued a final rule revising regulations that govern the H-1B cap-subject petitions. The final rule will change the current lottery selection process in two (2) ways:
- First, effective, April 1, 2019, USCIS will now reverse the order by which they select H-1B petitions subject to the Fiscal Year (FY) general cap and the advanced degree cap.
- Second, USCIS has introduced a new electronic registration requirement for H-1B Petitioners seeking to file H-1B cap-subject petitions on behalf of a nonimmigrant Beneficiary. Please note that this new requirement has been suspended by USCIS for this year’s cap filing season in order to complete testing of the new registration system. It is expected to go into effect by next year’s cap filing season.
However, effective this cap-filing season, USCIS will reverse the order by which they select H-1B petitions for all future FY filings. USCIS will first select registrations/petitions submitted on behalf of all H-1B beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations/petitions a sufficient number projected as needed to reach the H-1B advanced degree exemption. This change to the order of the selection process will be implemented for this upcoming FY 2020 cap season, i.e. effective on April 1, 2019. Accordingly, DHS estimates that USCIS may select up to 16 percent more H-1B cap-subject petitions annually for beneficiaries with a U.S. master's or higher degree.
Once USCIS develops an electronic registration tool for the H-1B cap filings, Petitioners will initially submit the H-1B beneficiary’s information via electronic registration. Petitioners with registrations selected by USCIS will then be invited to submit H-1B petitions during a designated filing period, which will be at least 90 days. However, please note that the above new changes have not ultimately affected the H-1B eligibility requirements.
Our office will continue to monitor updates to these new requirements and will provide updates as soon as they are made available.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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U.S. Embassy in Bogota Begins Processing Venezuelan Immigrant Visas
On February 26, 2019, the Department of State (DOS) announced that the U.S. Embassy in Caracas, Venezuela has suspended routine visa services. Nonimmigrant visa applications must now be submitted at a U.S. Embassy or Consulate outside of Venezuela. Further, DOS also announced that the U.S. Embassy in Bogota, Colombia has now been designated as the primary site to process Immigrant Visas (IV) for residents of Venezuela. The National Visa Center (NVC) will send appointment notices for all future visa interviews at the U.S. Embassy in Bogota.
According to the DOS, NVC will work with the U.S. Embassy in Bogota to schedule IV appointments. However, DOS did indicate that they cannot predict when an interview appointment will actually be made available and has requested that if affected individuals have yet to receive an NVC appointment notice to please refrain from contacting the U.S. Embassy in Bogota or Caracas directly, as they do not yet have the individual’s case. Our office will continue to monitor this transition closely and will provide updates as soon as they are made available.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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USCIS Published Revised Form I-539 and Introduces New I-539A
On March 8, 2019, USCIS published a revised Form I-539, Application to Extend/Change Nonimmigrant Status, and introduced the new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status. Both forms have an edition date of 02/04/2019.
Now, every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A. Parents or guardian may sign on behalf of children under 14. Every applicant and co-applicant must now also pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants as noted in the newly published form instructions.
Affected applicants and co-applicants will then receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at a local Application Support Center (ASC). Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.
However, please note that as of the date of this announcement, USCIS has removed the prior version of Form I-539 from the USCIS website but will be allowing for a grace period until
March 21, 2019
to receive the prior version by USCIS. However, starting on March 22
nd
, USCIS will only accept the revised I-539 form and will reject prior versions.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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Update On H-4 Work Authorization
The Trump Administration has proposed a rule to remove eligibility for work authorization for H-4 spouses. The rule is pending review as of February 20, 2019. H-4 visas are issued to the immediate family, including spouses and children, of H-1B skilled-worker visa holders. Currently, H-4 spouses may apply for employment authorization if their H-1B spouses are in the process of obtaining employment-based lawful permanent resident (LPR) status. The H-1B spouse must have an approved Form I-140 (an immigrant petition for a foreign employee) or have been granted an extension of their H-1B visa beyond the six-year validity period because they are seeking employment-based LPR status. The proposed regulation is not yet in effect and it may take several months before it is finalized. For now, qualifying H-4 spouses may continue to apply for employment authorization.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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DOL Addresses Compliance with H-1B Notice Requirement by Electronic Posting
On March 15, 2019, the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) which essentially reiterated an H-1B Petitioner’s obligations when using electronic means to make the required notice to all affected employees of plans to hire an H-1B nonimmigrant worker in order to comply with federal law.
The Immigration and Nationality Act (INA) requires that petitioning employers notify all affected workers of the plan to hire a foreign worker under the H-1B visa program. DOL advised that if employers choose to provide this notice through electronic means, they must ensure that all employees truly have ready access to, and are aware of, the notice. An electronic posting must be equally accessible by all employees and must provide uniform access to a page on the employer’s intranet. They must also notify employees of the posting either by posting it on the intranet homepage, electronic bulletin board or by e-mailing a newsletter.
Employers must not post the notice in an electronic location inaccessible to employees. Further, employers must also make sure that third-party workers must also have access to the same electronic system needed to access the notice.
DOL reminded employers that hard copies of notices remain acceptable, as long as they are posted in at least (2) conspicuous places at the work site and design them to be of sufficient size and visibility to ensure that employees can readily read them.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at
info@montyramirezlaw.com
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The April 2019 Visa Bulletin has arrived!
If you have questions about the April 2019 Visa Bulletin, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at
info@montyramirezlaw.com
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Monty & Ramirez LLP
150 W. Parker Road, 3rd Floor
Houston, Texas 77076
Phone: 281.493.5529
Family Immigration: 713.289.4546
Toll-Free: 1.866.427.0152
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