USCIS Updates Interview Guidelines for Spousal Petitions Involving Minors

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio SUMMARY USCIS announced an update to USCIS Adjudicator’s Field Manual (AFM), instructing officers to give special considerations to Form I-130 spousal petitions involving a minor. WHAT IS THE NEW POLICY GUIDANCE? USCIS officers will consider the following factors when adjudicating I-130 spousal petitions that involve a minor: Does […]
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USCIS Completes Selection Process for FY 2020 H-1B Cap Petitions

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio SUMMARY On April 10, USCIS completed the random selection of H-1B cap petitions using a computer-generated process to meet the congressionally mandated H-1B quota for fiscal year (FY) 2020. H-1B CAP ALLOCATION PROCESS: On April 5, USCIS announced it had received 201,011 H-1B petitions and enough petitions to […]
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Update: Premium Processing Procedure for FY 2020 H-1B CAP Petitions

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio Summary USCIS will be offering premium processing service for FY 2020 H-1B cap petitions using a two-phase approach. This new approach is to facilitate the process and help mitigate premium processing suspensions. FY 2020 H-1B Cap Premium Processing Procedure: Filing premium processing concurrently with H-1B cap petition: Only […]
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Update: Implementation of Revised Form I-539 and New Form I-539A

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio Summary On March 08, 2019, USCIS will publish on its website the revised Form I-539 (Application to Extend/Change Nonimmigrant Status) and new Form I-539A (Supplemental Information for Application to Extend/Change Nonimmigrant Status). Implementation Procedure: Previous editions of Form I-539 will continue to be accepted by USCIS if received […]
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Update: Premium Processing Resumes for H-1B Petitions Filed on or Before December 21, 2018

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary Starting February 19, 2019, USCIS will resume premium processing for all H-1B petitions filed on or before December 21, 2018. USCIS announced that it will resume premium processing on February 19, 2019 for all H-1B petitions filed on or before December 21, 2018. If USCIS issued a […]
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Revised Form I-539 and New Form I-539A

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary On March 11, 2019, USCIS will publish on its website a revised Form I-539 (Application to Extend/Change Nonimmigrant Status) with an edition date of 02/04/2019. USCIS will also publish a new Form I-539A (Supplemental Information for Application to Extend/Change Nonimmigrant Status). The new Form I-539A will replace […]
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Update: Final Rule on H-1B Cap Selection Process

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio Summary On January 31, 2019 the U.S. Department of Homeland Security (DHS) will publish the final rule on the implementation of a new H-1B selection process beginning fiscal year (FY) 2020 cap season. The electronic registration requirement will be suspended for FY 2020 H-1B cap season. Effective Date […]
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Update: Premium Processing for FY 2019 H-1B Cap Cases Resumes

By Angelita Chavez-Halaka; Armando Escobedo; Gladys Gervacio Summary On Monday, January 28, 2019, USCIS will reinstate Premium Processing for Fiscal Year (FY) 2019 H-1B Cap Petitions, including H-1B Master’s Cap for the advanced degree exemption. Qualifying H-1B Cases: Pending FY 2019 H-1B Cap Petitions; those cases that have been issued a Request for Evidence (RFE) should include Premium Processing fees […]
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EB-2 to EB-3 Downgrade for Indian and Chinese Nationals – January 2019

By Angelita Chavez, Gladys Gervacio, Toni Ordona, and Armando Escobedo Summary On December 13, 2018, the Department of State (DOS) released the January 2019 Visa Bulletin. Of particular relevance is the employment-based third (EB-3) and second preference (EB-2) category for India and China.  The EB-3 category for beneficiaries born in China and India has a […]
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