USCIS WILL RESUME PPS FOR ALL H-1B PETITIONS ON OCTOBER 3

AILA is reporting that USCIS will resume Premium Processing Service (PPS) for H-1B petitions, effective October 3.  Accordingly, PPS will again be allowed for H-1B transfers, amendments, and extensions.

USCIS previously restarted PPS for H-1B cap-subject petitions on September 18.  Earlier this summer, USCIS resumed PPS for H-1Bs for cap-exempt employers (e.g. research entities and universities), and H-1Bs for doctors.

USCIS allows an upgrade for previously filed a petition.  If you have filed an H-1B petition and would like your petitioned upgraded to PPS, please contact your MU attorney or staff member.

PRESIDENT TRUMP’S NEWEST TRAVEL BAN

On Sunday, September 24, 2017, President Trump made a Presidential Proclamation  regarding enhanced vetting for visa applicants from certain countries.  The Proclamation has been called the “Travel Ban 3.0” by reporters and commentators.  The Proclamation will go into effect on October 18, 2017 at 12:01 AM ET.

The Proclamation puts restrictions on the issuance of visas to nationals of certain countries until those countries meet the US government’s requirements for information sharing about visa applicants.  No visas will be revoked under the Proclamation.  The affected countries and visa types are:

·         No B1/B2 tourist visas will be issued to nationals of:

o   Yemen

o   Chad

o   Libya

·         B1/B2 tourist visas will not be issued Venezuelan government officials and their family members.

·         No visas will be issued to nationals of Iran, with the exception of F, M, and J visas which will only be issued after extra scrutiny. 

·         No immigrant visas (green cards) will be issued to individuals from Somalia.  Non-immigrant visas (i.e. F, J, H-1B, L-1) will be issued, but only with extra vetting. 

·         Lastly, no visas, of any type, will be issued to nationals from Syria or North Korea.

In response to the President’s Proclamation, the Supreme Court cancelled the oral argument on the earlier version of the travel ban, scheduled for October 10, 2017.  The Supreme Court asked the attorneys in the case to submit briefs as to whether the travel ban issue is now moot.  When a policy expires and a new policy is put in place, the challenge to the old policy can be “moot” meaning it is no longer debatable because the old policy has expired.  

VISA BULLETIN ANALYSIS, PREDICTIONS THROUGH 2017

The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association.  Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.

This month’s Check In With Charlie featured projections for EB2 and EB3, which are the most popular categories for readers of this Blog.  Here are some of this month’s highlights, along with our analysis:

EB-2 and EB-3 Worldwide.  These categories will remain current for the foreseeable future.

EB-2 India.  This category is expected to progress one month at a time.  It should move into 2009 sometime in early 2018.

EB-3 India.  This category will not progress in November because of heavy demand at the end of the last fiscal year.  It may slowly progress in December.

EB-3 Philippines.  In FY 2018, we will not see this category move nearly as fast as it did in FY 2017.  Phils EB-3 is expected to progress 1-2 months per Visa Bulletin in the future.

DOS NOW REQUIRES 90 DAYS BEFORE CHANGING OR ADJUSTING STATUS

The United States Department of State (US DOS) recently released a policy change to its Foreign Affairs Manual (FAM).  Going forward, any visa holder who engages in conduct inconsistent with the terms of his/her visa within 90 days of entrance to the US is presumed to have willfully misrepresented him or herself to the Consular Officer at the visa application interview and/or to the Border Officer when entering the US. 

Conduct that violates or is inconsistent with status, may include:

• Engaging in unauthorized employment
• Enrolling in a course of study if study was not authorized for that classification (e.g. Entering the US in B1/B2 status and taking classes before 90 days)
• Marrying a US Citizen or lawful permanent resident (green card holder) and taking up residence in the US.

Non-immigrant intent is required for most visas -- with a noted exception for those holding H-1B and L-1 status.  Individuals entering the US on other types of visas, for example an F-1 student visa, a TN or E work visa, or a B-1/B-2 tourist visa, must have the intent to return to their home country at the end of their authorized period of stay in the US.

Other than H-1B and L-1 visa holders, Individuals entering on a visa should wait at least 90 days after entrance to the US before taking any steps toward a green card application. 

The previous US DOS policy indicated actions inconsistent with status taken within 30 days of entry were presumed fraudulent and actions inconsistent with status taken between the 31^st and 60^th day after entry were presumed fraudulent, but the presumption could be overcome. 

We recommend that you consult with your MU attorney before making any international travel plans, no matter your status.

MU’S MARIA SCHNEIDER AUTHORS ALABAMA ASSOCIATION OF REALTORS NEWSLETTER ARTICLE

Maria Schneider, MU’s Senior Associate, recently authored an article for the Alabama Association of Realtors Newsletter. 

Schneider’s article focused on immigration updates under the Trump Administration pertinent to those buying and investing in real estate.   The article outlined recent legislative proposals and executive actions, and how these would affect real estate brokers, agents, buyers, and sellers.  Schneider closed the article by outlining visa options available for investors in the United States. 

The Alabama Association of Realtors is the largest statewide organization of real estate professionals in Alabama.  Members of the Association work as real estate professionals in the sale, lease, appraisal, and development of residential, rural, and resort properties throughout the state of Alabama.  The Association is the official voice and advocate of Alabama’s multi-faceted real estate industry and provides members continuing education, public policy advocacy, annual meetings and conferences, as well as several other services.

USCIS RESUMES PPS FOR H-1B CAP PETITIONS

USCIS has resumed Premium Processing Service (PPS) for H-1B cap-subject petitions.  Presently, H-1B cap-subject petitions, H-1Bs for cap-exempt employers (e.g. research entities and universities), and H-1Bs for doctors are the only H-1B petitions that may use PPS.  H-1B transfers, amendments, and extensions currently are prohibited from PPS.

USCIS’ press release said that it “plans to resume premium processing for all other remaining H‑1B petitions (i.e. H-1B transfers, amendments, and extensions) not subject to the FY 2018 cap, as agency workloads permit.”  The press release did not commit to a time frame for the resumption of PPS for these types of H-1B petitions.  However, in a June 2017 AILA Q & A, USCIS HQ indicated that it “anticipates” resuming H-1B PPS processing on or before October 4.  This comment did not delineate between H-1B cap petitions and other types of H-1B petitions, such as transfers, amendments, and extensions. 

The USCIS may have decided to prioritize H-1B cap-subject petitions in order to allow some F-1/OPT students to continue to work without work authorization beyond October 1.  Certain F-1/OPT students’ will lose work authorizing on October 1 if their H-1B cap-subject petition is not approved before October 1.  Please check with your MU attorney or staff member if you have questions.

OCTOBER 2017 VISA BULLETIN: ANALYSIS FOR 2017-2018

The Department of State has just issued the October 2017 Visa Bulletin.  This is the first Visa Bulletin of Fiscal Year 2018.  This blog post analyzes this month's Visa Bulletin.  The DOS has added some predication on future date movement.  We have encompassed those thoughts within our category comments.  

October 2017 Visa Bulletin

Applications with these dates may be approved for their Green Card (Permanent Residency card).

EB  Class	All Other	CHINA	INDIA	MEXICO	PHIL'PNES
EB-1	C	01JAN12	C	C	C
EB-2	C	22MAY13	15SEP08	C	C
EB-3	C	01JAN14	15OCT06	C	01DEC15

MU Law Analysis

All Other:  The EB-2 has been current for many years.  The EB-3 progression has long been effectively current, and is expected to remain current for the foreseeable future.

China (mainland-born):   The China EB-3 has again progressed faster than Chinese EB-2.  The DOS expects that EB-3 will progress at about 4 months per Visa Bulletin, while EB-2 will only progress one month per Visa Bulletin.

India:  The India progressions are steady, albeit slow.  EB-2 should progress one month per Visa Bulletin.  EB-3's progression will be "limited," in the words of the DOS.  MU suspects that EB-3 may finally breakout once the EB-3 date moves past the Visa Gate date of August 2007.

Mexico: Mirrors All Other in all aspects.

Philippines:    The Philippine EB-3 number essentially cleaned out all of the 2010 through 2015 EB-3 visas in FY2017.  Unfortunately the progressions will be considerable slower in FY2018, probably progressing 1-2 months per Visa Bulletin.  The demand for Philippines EB-3 numbers increased dramatically in 2016-17.  This increased demand will be the cause for the slower progressions in the FY2018.