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DHS Proposes Numerous Fee Adjustments

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On November 14, 2019, DHS published a new rule containing numerous adjustments to U.S. Citizenship and Immigration Services’ (USCIS) filing fee schedule. These proposed adjustments are in addition to other recently finalized fee rules increasing the Premium Processing Service fee by $30 and adding a $10 fee for each electronic H-1B cap registration. In this new rule, DHS is planning on an upward adjustment of USCIS fees “by a weighted average of 21 percent” among other changes.

AILA has published a searchable table of fee adjustments, located here, which shows upwards adjustments to filing fees for many commonly used forms such as N-400 for naturalization, I-485 for Adjustment of Status, I-140 for immigrant visa petitions, and I-129 for nonimmigrant visa petitions.

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USCIS Announces H-1B Electronic Registration Period

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As discussed in prior posts, on January 30, 2019, USCIS announced a final rule regarding changes to the annual H-1B cap lottery system, requiring an electronic registration for each cap-subject petition. While the electronic registration requirement was suspended for the lottery in April 2019, USCIS is taking steps to implement it for the lottery in April 2020, including the collection of a $10 fee for each electronic registration submitted. 

Now further implementation details have been released: USCIS announced on Friday, December 6, that electronic registration will be required for the upcoming filing season in April 2020, that the agency has “completed a successful pilot testing phase,” and that the initial registration period will run from March 1, 2020 to March 20, 2020.

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Citizens of Poland Eligible for Visa Waiver Program from November 11

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As of November 11, 2019, Poland becomes the 39th member of the Visa Waiver Program (VWP). Citizens of member countries of the Visa Waiver Program may enter the United States for business or tourism for up to 90 days without a visa. In return, U.S. citizens may enter member countries under the same conditions. Beginning on November 11th, Polish citizens may apply online for authorization to travel to the U.S. through the Electronic System for Travel Authorization (ESTA). 

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Premium Processing Service Fee to Increase on December 2, 2019

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On October 31, 2019, the Department of Homeland Security (DHS) published a rule to adjust the premium processing service (PPS) fee from $1,410 to $1,440. Under this new rule, all requests for PPS postmarked on or after December 2, 2019, must include the new fee.

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Presidential Proclamation on Health Insurance for New Immigrants

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Update: This Presidential Proclamation is the subject of litigation. As of Saturday, November 2, 2019, there is a nationwide temporary restraining order against the enforcement of the Proclamation.

Original post:

On Friday, October 4, 2019, President Trump issued a Presidential Proclamation entitled Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, which imposes a health care insurance requirement on new immigrants. Specifically, it requires applicants for immigrant visas to show the ability to purchase unsubsidized commercial health insurance within 30 days of U.S. entry.

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Social Security Administration Resumes Sending No-Match Letters to U.S. Employers

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In March of 2019 the Social Security Administration (SSA) resumed sending “no-match” letters (formally known as Employer Correction Request Notices) to U.S. employers whose 2018 W-2 wage reports contained non-matching combinations of names and Social Security Numbers (SSNs). According to SHRM, about 575,000 such letters have been issued to employers so far this year. 

By way of background, a no-match letter is simply a notification from SSA to an employer that a certain number of wage reports prepared by an employer contained name and SSN combinations that do not match SSA records.  No-matches can arise from benign reasons, such as typos or hyphenated names.

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USCIS Proposes Fee for H-1B Cap Registrations

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As discussed in prior posts, on January 30, 2019, USCIS announced a final rule regarding changes to the annual H-1B cap lottery system, requiring an electronic registration process for each cap-subject petition.  While the electronic registration requirement was suspended for the most recent lottery in April 2019, USCIS is taking steps to implement it going forward.  On September 3, 2019, USCIS announced that it was seeking to collect a $10 fee for each electronic registration submitted to USCIS.

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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.

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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.