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     First, if the H-1B worker is a principal beneficiary of an approved Form I-140 petition
     (typically, for which the priority date is not current).

     Second, if the H-1B worker has been granted H-1B status in excess of six years under
     certain provisions of the American Competitiveness in the Twenty-first Century Act of
     2000 (AC21) (more than one year has elapsed since filing a labor certification application
     or since filing an I-140 petition).

In its announcement, USCIS emphasized this change will ease the financial strain on H-1B families who have long waiting periods before immigrant visas become available. It also will help these families integrate into American society, attract the best and the brightest workers to the United States, and minimize disruptions to U.S. businesses, thus supporting the economy. USCIS expects the number of eligible individuals to reach nearly 180,000 in the first year and 55,000 in subsequent years.

If you are one of the many individuals who might benefit from this much needed immigration policy, please contact our office so we can prepare your application in anticipation of the May 26, 2015 filing date.

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Unfortunately, an impasse has developed between the states, Congress and the Executive branch of government, and many states brought suit to declare the new programs to be unconstitutional. On February 16, 2014, a Texas federal district judge granted an injunction against implementation of the initiatives. As a result, USCIS announced it will not accept any applications for expanded DACA or for DAPA until all legal challenges are resolved. President Obama has expressed that he will appeal the court ruling and it is widely believed that his administration will prevail. For further information on the status of DACA and DAPA programs, please check http://www.uscis.gov/immigrationaction.

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The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.

Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:

-Did not depart the United States on or after Aug. 15, 2012, without advance parole;
-Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
-Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

The renewal process begins by filing the new version of Form I-821 D “Consideration of Deferred Action for Childhood Arrivals”, Form I-765 “Application for Employment Authorization” and the I-765 Worksheet. There is a $465 filing and biometrics (fingerprints and photo) fee for Form I-765. As with an initial request, USCIS will conduct a background check on DACA renewals.

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