Nonimmigrant

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CBP announces Electronic Visa Update System details

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News Release from Jewell Stewart & Pratt PC From November 29, 2016, all People’s Republic of China (PRC) passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System (EVUS) enrollment when traveling to the United States.

EVUS is the online system used by nationals of the PRC holding a 10-year B1/B2, B1, or B2 visa. Visitors update their basic biographic information on EVUS to facilitate their travel to the United States.

U.S. Customs & Border Patrol (CBP) recommends that travelers enroll in EVUS as early as possible, or at least 72 hours before they are scheduled to leave for the United States. The fee to enroll is $8, and enrollments are valid for two years or until the traveler obtains a new passport or visa, whichever comes first.

If PRC travelers do not update their information at least every two years, or upon obtaining a new passports after EVUS becomes effective, they will not be able to use their 10-year visas. For more information, see the full announcement on the CBP website.

© Jewell Stewart & Pratt PC 2016

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Extraordinary visa wait times at U.S. consular posts in India

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News Release from Jewell Stewart & Pratt PC The American Immigration Lawyers Association (AILA) has reported that U.S. Consular Posts in India are experiencing extraordinary wait times for nonimmigrant visa interview appointments. The wait times for all categories other than B, F, and J are currently:

These wait times are likely to continue, if not worsen, during the summer. Indian nationals who are considering obtaining a new visa may therefore wish to defer that travel until the backlogs have subsided; or, if their travel is essential, to be prepared for long delays in the scheduling of visa interviews. AILA provides the following helpful reminders:

  • The Mission India visa appointment system allows requests for expedited appointments. First priority goes to cases with humanitarian issues. Second priority goes to business emergencies; such requests must include reasons why the need to travel is urgent, why advance planning was not possible, the impact to the business if the travel does not occur, etc.
  • Applicants for a petition-based visa must have already obtained USCIS approval of the underlying petition before requesting an interview.
  • If an Indian national has reason to travel to another jurisdiction, applying outside of India as a Third Country National may be an option. Such applications are mostly likely to be successful in petition-based cases where INA §214(b) does not apply (i.e., H-1B and L-1).

Jewell Stewart & Pratt will continue to monitor progress and will report significant developments here.

AILA members can access the original post at www.aila.org (doc. no. 16061330, dated June 13, 2016).

© Jewell Stewart & Pratt PC 2016

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H-1B Cap update – USCIS reports 236,000 H-1B petitions received

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News Release from Jewell Stewart & Pratt PC

Today USCIS announced that it received over 236,000 H-1B petitions in the filing period that began on April 1. On April 9 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell Stewart & Pratt PC 2016

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H-1B Cap reached, lottery triggered

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News Release from Jewell Stewart & Pratt PC

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2017. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2017 cap or the advanced degree exemption after today.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2017 cap-subject petitions received through April 7, 2016. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process.

USCIS is expected to provide more detailed information about the H-1B cap soon.

© Jewell Stewart & Pratt PC 2016

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STEM OPT cut-off of 02/12/2016 is postponed to 05/10/2016

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On January 23, 2016, the federal district court in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, No. 1:14-CV-00529 (ESH), Document 51 (D. D.C. January 23, 2016), granted a motion by the U.S. Department of Homeland Security to postpone the effective date of the court’s vacatur of DHS’s 2008 STEM OPT regulation from February 12, 2016 until May 10, 2016. In effect, this leaves existing grants of STEM OPT in place until May 10, 2016, and allows DHS temporarily (until May 10, 2016) to continue accepting STEM OPT applications under its 2008 rules. In the meantime, DHS is expected to review the ~50,500 comments it received in response to the proposed replacement regulation it published in October 2015 and to adopt a final rule governing STEM OPT.

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Visa Waiver Program eligibility changes

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The 2016 Consolidated Appropriations Act was signed into law on December 18, 2015.  In addition to funding the U.S. federal government through the 2016 fiscal year, it includes far-reaching, immediately effective changes to the Visa Waiver Program.  As background, citizens of the 38 countries participating in the Visa Waiver Program (“VWP”) may come to the United States as visitors for business or pleasure without first obtaining visitors’ (B-1 or B-2) visas in their passports.  They may visit the U.S. for periods of up to 90 days, provided that they are eligible for admission as visitors under applicable law.

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STEM” extensions of F-1 OPT work authorization invalidated by D.C. federal court

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News Release from Jewell & Associates, PC On August 12, 2015 the U.S. District Court for the District of Columbia invalidated the 2008 interim final rule of the U.S. Department of Homeland Security that created eligibility for a 17-month extension of F-1 OPT work authorization for graduates whose F-1 OPT work authorization was based on a degree in a “STEM” field. The court found that DHS failed to provide the legally required notice and comment period that must accompany any significant new rule, and failed to show sufficient justification to bypass the normal notice and comment requirement and issue the rule via emergency rulemaking.

Although the court invalidated the 2008 rule and its amendments, it placed an immediate six-month stay on the vacatur, until February 12, 2016. Practically, this means that existing F-1 OPT STEM extensions remain valid through February 12, 2016. It is not yet clear what the court ruling means for USCIS’s action on pending or new applications for STEM extensions. If DHS reintroduces the 2008 rule with a proper notice and comment period, and it takes effect before February 12, 2016, there should be no disruption to STEM OPT processes or employment.

© Jewell & Associates, PC 2015

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USCIS suspends premium processing for H-1B petitions where extension of stay is requested

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News Release from Jewell & Associates, PC As of May 26, 2015 USCIS has temporarily suspended premium processing for all H-1B petitions where a request for extension of stay is requested. This is to allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule, and to adjudicate the first applications under that rule, in a timely manner. Premium processing for H-1B extension of stay petitions is scheduled to resume on July 27, 2015.

Premium processing remains available for certain H-1B petitions, including:

  • Petitions subject to the H-1B cap, and cap-exempt petitions, as long as the petition requests a change of nonimmigrant status, or consular notification.
  • Petitions filed on behalf of individuals who already have H-1B status, as long as the petition requests consular notification, or an amendment of a previously approved petition that does not include a request for an extension of stay.
  • All H-1B1 petitions.

USCIS will continue to premium process H-1B extension of stay petitions filed prior to May 26, 2015.

The full text of USCIS’s announcement is available here.

© Jewell & Associates, PC 2015

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H-1B Cap update – USCIS reports 233,000 H-1B petitions received

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News Release from Jewell & Associates, PC On April 7 USCIS announced that it received approximately 233,000 H-1B petitions in the filing period that began on April 1. Today USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for the 20,000 set-aside for beneficiaries with U.S. advanced degrees first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell & Associates, PC 2015

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USCIS posts summary of upcoming executive actions on immigration

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News Release from Jewell & Associates, PC On December 5, 2014, USCIS posted on its website a summary of the executive actions on immigration announced by President Obama on November 20, 2014.  With respect to each of the major planned initiatives, the USCIS summary sets forth, to the extent currently known:

  • Who is eligible
  • What the initiative will do
  • When an applicant can begin to make a request
  • How to make a request

Importantly, the summary cautions: “These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.  Subscribe to this page to get updates when new information is posted.”  USCIS’s full posting, along with the link to subscribe to updates, is here.

By Phyllis Jewell. © Jewell & Associates, PC 2014