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DHS Publishes Final Rule Expanding Public Charge Ground of Inadmissibility

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Update: This regulation is the subject of litigation. As of Friday October 11, 2019, there is a nationwide injunction against the enforcement of this rule by DHS. The Department of State (“DOS”) version of the rule, however, went into effect on October 15, 2019, but as of October 15, 2019, the DOS has not yet implemented that rule.

Original post:

Effective October 15, 2019, unless halted by litigation, the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.) will drastically change.

Principal Claire Pratt is named the firm's Managing Attorney

JSP is pleased to announce that the principals of the firm have named Claire Pratt as its Managing Attorney, effective July 1, 2019.  Claire has been with the firm since 2008, became a principal of the firm in 2016, and recently completed her tenure as Chair to the American Immigration Lawyers Association’s Northern California Chapter.  Principal Phyllis Jewell, the firm’s Founder and Managing Attorney since 1996, remains an active member of the firm’s leadership team and will continue to focus on counseling clients and mentoring the firm’s other lawyers.  This leadership transition is a key step in the firm’s overall long-term planning and we look forward to serving our clients and community for generations to come.  Congratulations to Claire and Phyllis!  

© Jewell Stewart & Pratt PC 2019

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I-539 applications for dependents no longer eligible for “courtesy” Premium Processing Service

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As discussed in a prior post, USCIS began in March 2019 to require a new version of the Form I-539, Application to Extend/Change Nonimmigrant Status, and introduced a biometrics fee and appointment requirement for each applicant.  The Form I-539 has never been eligible for the government’s 15-day Premium Processing Service (PPS), but a particular subset of I-539 applicants — the dependents of principal nonimmigrants (e.g., the H-4 spouse of an H-1B worker) — have, until recently, benefited from “courtesy” PPS of the I-539 if it was filed with the principal’s own PPS’d application or petition.  

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USCIS to schedule interviews outside of applicants’ geographic areas

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In a stated attempt to reduce processing times on applications, USCIS announced on June 17, 2019, that it would be adjusting workloads for its field offices and that, as a result, some applicants may be scheduled for interviews outside of their geographic area.  Generally, interviews for naturalization and permanent residency are scheduled based on the USCIS field office closest to an applicant’s residence.  This change will particularly affect San Francisco Bay Area residents residing in the San Francisco Field Office jurisdiction, who may now be scheduled for interviews in Sacramento or San Jose.

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Forms DS-160 and DS-260 now require disclosure of social media accounts

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On May 30, 2019, the U.S. Department of State added required questions about social media accounts or identifiers to the online nonimmigrant and immigrant visa application forms, the DS-160 and DS-260.  This means that anyone applying for a U.S. nonimmigrant visa (a temporary visa) or a U.S. immigrant visa (permanent residence, a green card) must disclose all social media accounts used in the last five years. Social media presumably will be reviewed by U.S. Consular personnel in the course of visa adjudications.

Jewell Stewart & Pratt lawyers selected for inclusion in Super Lawyers®

Jewell Stewart & Pratt (JSP) is pleased to announce that four of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2019. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

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USCIS resumes Premium Processing Service for cap-subject H-1B petitions, takes next step in H-1B registration rules

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USCIS resumed Premium Processing Service for all cap-subject H-1B petitions on June 10, 2019. The USCIS news alert is posted here and also mentions a temporary suspension of the use of pre-paid mailers for sending approval notices. Instead, final notices will be sent via regular U.S. mail.

Separately, the Department of Homeland Security published its proposed regulatory agenda which included a proposal to charge a fee for H-1B registrations filed under the electronic registration rule expected to to take effect for the upcoming “cap” season in Spring 2020. Further implementation details have not yet been released.

© Jewell Stewart & Pratt PC 2019

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H-1B cap update – USCIS reports 201,011 petitions received

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Today USCIS announced that it received 201,011 H-1B petitions in the filing period that began on April 1. On April 10 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 all beneficiaries first, as described in its January 30, 2019 regulation, and then selected a number projected to reach the advanced degree exemption from the remaining eligible petitions. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell Stewart & Pratt PC 2019

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H-1B "regular" cap reached for FY 2020

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U.S. Citizenship and Immigration Services (USCIS) announced on April 5 that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “regular cap” for fiscal year (FY) 2020. USCIS will next determine whether it has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as “the master’s cap.”

USCIS is expected to use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2020 cap-subject petitions received through April 5, 2019. This year, the agency will conduct the selection process for “regular cap” first, and the “master’s cap” second, as discussed in our prior blog posts. The exact day of the random selection process has not yet been announced.

© Jewell Stewart & Pratt PC 2019

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USCIS resumes Premium Processing Service for all H-1B petitions, clarifies PPS for cap-subject petitions

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Updated March 19, 2019:

On March 11, 2019, USCIS announced that it would resume Premium Processing Service for all H-1B petitions, effective on March 12, 2019. The USCIS news alert is posted here. Two days later, USCIS clarified via AILA liaison that H cap petitions were not covered by the March 11 announcement.

JSP Principals Phyllis Jewell, Wendy Stewart, and Claire Pratt Recognized by Who’s Who Legal

Jewell Stewart & Pratt is happy to announce that firm principals Phyllis Jewell, Wendy Stewart, and Claire Pratt were selected by Who’s Who Legal (“WWL”) in Corporate Immigration for 2019. Nominees are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. 

Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice.

The firm’s WWL profile may be found here; and Claire Pratt’s biography may be found here.  Kudos to Phyllis, Wendy, and Claire!

© Jewell Stewart & Pratt PC 2019

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USCIS resumes Premium Processing Service for H-1B petitions filed on or before December 21, 2018

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On February 15, 2019, USCIS announced that it would resume premium processing service (“PPS”) for H-1B cases filed on or before December 21, 2018. USCIS previously announced that it would also resume PPS for FY 2019 “cap” cases – i.e., those petitions filed in last year’s H-1B lottery that are not yet adjudicated.

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USCIS to release new version of Form I-539 and require biometrics from all applicants

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On February 11, 2019, USCIS announced that, on March 11, 2019, it will release a new version of the Form I-539, Application to Extend/Change Nonimmigrant status. The form is commonly used for dependents’ status extensions, among other applications. The form, when released, will have an immediate effective date of March 11, 2019, which means that any applications filed on or after that date must use the new form.

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USCIS announces final changes to cap-subject H-1B visa petition processing

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On January 30, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced a final rule effective April 1, 2019 that changes the way cap-subject H-1B petitions will be processed in two ways: first, petitioners seeking to file petitions will have to register electronically with USCIS during a designated registration period; and second, the order in which cap-subject petitions are selected in years when demand exceeds supply (i.e., when a lottery is required) has been reversed.  We discussed these changes in depth when they were proposed, in our December 3, 2018 blog post.

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DHS publishes proposed changes to cap-subject H-1B visa petition processing

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On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would make changes to the way cap-subject H-1B petitions are processed. There are two proposed changes: first, petitioners seeking to file petitions will have to register electronically with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period; and second, the order in which cap-subject petitions are selected in years when demand exceeds supply has been reversed. These changes are made pursuant to President Trump’s Buy American and Hire American Executive Order, issued in 2017.

JSP congratulates its most recent Certified Specialist!

Jewell Stewart & Pratt (JSP) is pleased to announce that attorney Jennifer Carr has been accorded the status of a “Certified Specialist, Immigration & Nationality Law” by the California State Bar Board of Legal Specialization. This is a rare distinction that only 39 immigration lawyers in San Francisco have achieved. JSP now counts five Certified Specialists in its attorney ranks, with Jennifer joining Phyllis Jewell, Wendy Stewart, Claire Pratt, and Christopher Beckerson.    

The legal specialization application process is wholly voluntary and represents an extraordinary achievement in the practice of immigration law in California. The process is also arduous, requiring a written exam, professional references, and case experience that includes the full range of immigration matters, including deportation/removal proceedings, employment- and family-based applications, to naturalization. Very hearty congratulations to Jennifer for reaching this milestone!

© Jewell Stewart & Pratt PC 2018

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Update on work authorization for certain H-4 dependents

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As mentioned in our prior post, the Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now an updated timeline for that to occur.  On September 21, 2018, the Department of Homeland Security (“DHS”) submitted a status report in the ongoing litigation in Save Jobs USA vs. U.S. Department of Homeland Security over the regulation allowing H-4 employment.  The status report for the case, which is being held in abeyance pending the issuance of a new rule, indicated that DHS’s proposed rule will be sent to the Office of Management & Budget (“OMB”) for notice and comment within three months. 

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Instructions for the 2020 Diversity Visa Lottery Program now available

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The U.S. Department of State’s instructions for the 2020 Diversity Immigrant Visa Program (DV-2020) are now available. Entries for the DV-2020 program must be submitted electronically between October 3 and November 6, 2018.

There are no changes in eligibility this year. Eligibility requirements and entry instructions are on the U.S. Department of State’s DV lottery web site.

The congressionally-mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2020, 50,000 diversity visas will be available.

© Jewell Stewart & Pratt PC 2018

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USCIS announces further suspensions of Premium Processing Service  for H-1B petitions

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In an announcement on August 28, 2018, USCIS announced that, instead of lifting the suspension of Premium Processing Service (PPS)  for H-1B “cap” cases that was supposed to last only through September 10, 2018, it is extending the PPS ban for such cases to February 19, 2019.  In addition, starting September 11, 2018, USCIS will extend its PPS ban to most other types of H-1B cases, as well.