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NEWS & uPDATES
USCIS Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors.
USCIS sent information on May 11, 2018 regarding a policy memorandum that changes how it will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.> Full News
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
On April11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated and the U.S. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2019.
USCIS received 190,098 H-1B petitions during filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master's cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.
USCIS conducted the selection process for the master's cap first. All unselected master's cap petitions then became part of the random selection process for the 65,000 cap.
USCIS will continue to accept and process petitions hat are otherwise exempt from the cap. Petitions filed for the current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
* Extended 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.
* Allow current H-1B workers to work concurrently in a second H-1B position.
US CONSULATE WAIT TIMES
USCIS WILL TEMPORARILY SUSPEND PREMIUM PROCESSING FOR FY2019 H-1B CAP PETITIONS
USCIS announced that starting 4/2/18, it will begin accepting H-1B petitions subject to the FY2019 cap. USCIS will temporarily suspend premium processing for all FY2019 cap-subject petitions. This suspension is expected to last until 9/10/18.> Full News
EB-5 Processing Time Report Updated on 03/14/18
Attached is the link that shows the form number, form name and processing times for the following forms that are processed by the Immigrant Investor Program Office (IPO).> Full News
USCIS ISSUES POLICY MEMO ON H-1BS INVOLVING THIRD-PARTY WORKSITES
USCIS issued a policy memorandum, effective 2/22/18, establishing policy related to H-1Bs filed for workers who will be employed at one or more third-party worksites. Unless specifically exempted in this memo, this guidance applies to all USCIS officers adjudicating Form I-129 H-1B petition.> Full News
EB-5 PROCESSING TIME REPORT
USCIS has released the updated EB-5 Processing Time Report on February 15, 2018 with processing dates as of December 31, 2017. > Full News
EB-5 INVESTOR CAN REINVEST FUNDS FROM FRAUD-WRACKED EB-5 DEAL
A Florida federal judge has agreed to allow the court-appointed receiver for the failed Jay Peak EB-5 investment project to sink up to $67 million of immigrant investors’ money into a New York-based project that could give investors a chance to still get their green cards. U.S. District Judge Darrin P. Gayles signed off Tuesday on the request by Michael Goldberg, the receiver for the failed $350 million Vermont ski project, to funnel a portion of a $150 million settlement secured last year from Raymond James & Associates Inc. into a development project known as One Wall Street.
SIGNIFICANT INCREASE IN EB-5 INVESTMENT REQUIREMENTS AND OTHER PROGRAM CHANGES PROPOSED BY USCIS
On January 13, 2017, U.S. Citizenship and Immigration Services (USCIS) proposed significant changes to the EB-5 immigrant investor program, including higher investment amounts and exclusive federal authority to designate Targeted Employment Area (TEAs), the rural and high-unemployment areas that qualify for EB-5 investment at lower thresholds. > Full News
Resources & LINKS
To serve our clients with today's most up-to-date information, the following is a list of links that we hope you will find useful.