Featured Archives - Rose Immigration Law Firm, PLC

PREMIUM PROCESSING FEE TO INCREASE ON DECEMBER 2, 2019

Linda Rose — Thu, 07 Nov 2019 19:04:16 +0000

USCIS announced that the fee for Form I-907, Request for Premium Processing, will increase to $1,440, from $1,410, effective December 2, 2019. Any premium processing requests postmarked on or after December 2nd must include the new fee. If you have a pending I-129 or I-140 petition that is eligible for premium processing and you plan to upgrade, or if you intend to file a petition eligible for premium processing, we recommend you file now before the fee increase. Contact us for assistance.

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PUBLIC CHARGE RULE ON HOLD

Linda Rose — Fri, 18 Oct 2019 16:48:32 +0000

A new public charge rule was set to go into effect on October 15, 2019. The rule would amend the DHS regulation on determining whether a foreign national applying for permanent residence is likely to become a public charge at any time. The rule also would require non-immigrants seeking to change or extend status to prove they have not received certain public benefits during the three years preceding the request to change or extend that status. Then, with only six days to prepare before the rule would become effective, USCIS published several revised forms and a brand-new form, Form I-944, requiring attorneys and clients to use these forms beginning on October 15, 2019. This wreaked havoc, as it would have been virtually impossible to launch use of these forms within such a short time frame. Fortunately, Federal judges in New York and California blocked implementation of the rule and the forms, with one judge stating: “The Rule will expose individuals to economic insecurity, health instability, denial of their path to citizenship, and potential deportation.” Please visit our website or contact our firm for updates on the pending litigation.

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Diversity Visa Lottery Open for Applicants

Linda Rose — Wed, 09 Oct 2019 17:20:45 +0000

The Department of State has announced the annual Diversity Visa Lottery.The Diversity Visa Lottery is a program to increase the diversity of U.S. population.The government allots 55,000 immigrant visas (green cards) to people from countries that are under-represented in the U.S. Visas are awarded through a lottery system to qualifying applicants.

Here’s the link to the DV Lottery website: https://dvlottery.state.gov/. There you will find the application time frame, eligibility criteria, information on how to apply, an FAQ, and the application form. Applicants should read that information and follow the instructions carefully. A few important points:
• The application period is in effect now.
• The deadline to apply is November 5, 2019.
• Only one application per person, but all family members can apply individually.
• People from the following countries do NOT qualify: Bangladesh, Brazil, Canada, China (mainland-
born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria,
Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent
territories, and Vietnam. Cross-chargeability is applicable, however.
• Otherwise the lottery is open to the rest of the world for qualified applicants.
Best of luck!

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What a Deal: H-1B Electronic Registration Fee of $10

Linda Rose — Thu, 19 Sep 2019 17:33:19 +0000

H-1B season is approaching. For this coming year and into the future, DHS proposes a registration system, whereby employers will “register” for a potential H-1B prior to filing a fully documented petition. The proposed fee to register is $10. Yes, $10. This fee is per petitioner, per beneficiary. Therefore, if a company submits 10 H-1B registrations (for 10 different beneficiaries), the company would pay $100. Although we don’t know if the registration system will be implemented this year or next, the proposed rule predicts it will go into effect “as soon as the H-1B cap filing season for FY 2021.” To achieve this, DHS shortened the comment period to 30 days, in the hope the fee is finalized before the registration process is in place. The rule also confirms that DHS will run the selection process multiple times if needed to ensure all the numbers are used. If (if) the registration system will go into place, USCIS says it will provide at least 30 days of notice. Stay tuned, and plan for H-1B season, regardless of which selection system will be implemented.

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Surprise — August Visa Bulletin Retrogresses

Linda Rose — Thu, 18 Jul 2019 17:23:10 +0000

The Department of State has issued the August 2019 visa bulletin. Unfortunately, many visa categories will backlog as we approach the end of fiscal year 2019. EB-1 will retrogress approximately two years across the board. Based on past trends, we expect this category to move forward at the beginning of fiscal year 2020. For now, all foreign nationals except those born in India can apply for adjustment of status if their priority date is on or before July 1, 2016. Foreign nationals born in India must have a priority date on or before January 1, 2015 to apply.

Last month, the EB-2 was current for all foreign nationals besides those born in China and India. While China and India showed slight movement forward, foreign nationals born in all other countries may only file for adjustment of status if their priority date is on or before January 1, 2017.

EB-3 and Other Workers backlogged for all countries except China and those August dates became effective immediately. USCIS is still accepting adjustment of status applications according to the July visa bulletin, but the applications will be on hold until numbers become available again. India retrogressed three years, limiting the pool of eligible applicants for adjustment of status to those whose priority date is on or before January 1, 2006. China moved forward six months. For all other countries, beginning August 1 foreign nationals must have a priority date on or before July 1, 2016 to apply for adjustment of status.

Family-Based Categories: While some categories will remain stagnant, most categories will move forward two to four months.

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WILL USCIS FIELD OFFICE ASSIGNMENT “SHIFTS” REALLY IMPROVE PROCESSING TIMES?

Linda Rose — Thu, 27 Jun 2019 17:46:49 +0000

USCIS recently announced a change in field office processing assignments. In an effort to decrease processing times and backlogs for Forms N-400 and I-485, it will start shifting these cases between different USCIS field offices for adjudication. It remains to be seen if this will actually improve the prolonged processing times applicants are experiencing. And it’s hard to tell how the change will otherwise impact applicants and their attorneys. According to USCIS, this shift will not affect where applicants complete their biometrics appointments. Applicants will report for biometrics at the USCIS local office with jurisdiction over the applicant’s residence. However, applicants might be required to appear for interviews at a field office outside the normal jurisdiction. In other words, we don’t know if applicants will be required to endure lengthy travel, perhaps out of state, to attend an interview. This of course, could impact attorney travel time as well. Be aware that USCIS correspondence may be issued by a field office outside of the applicant’s normal jurisdiction. In light of these changes, applicants should carefully read the instructions on all correspondence received from USCIS, forward the correspondence to your Firm attorney, and contact your Firm attorney before taking any action.

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