August 2018

DHS Announces Extension of Somalia’s TPS Designation for 18 Months

U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Yemen's designation who want to maintain their status through the extension date of March 3, 2020, must re-register between August 14, 2018, and October 15, 2018.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting, at the time they file Form I-821, Form I-765, Application for Employment Authorization, or separately at a later date. Litwin & Smith often assist in the preparation of these forms.

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USCIS extends the suspension of premium processing for H-1B petitions until Feb. 19, 2019

USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions until Feb. 19, 2019, and will notify the public via before resuming premium processing for these petitions.

While H-1B premium processing is suspended, USCIS will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I‑129 H-1B fees, both forms will be rejected.

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An Update of Visa Bulletin progress and projections from Charles Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State

Family-Based Immigration

September begins China's and India's Retrogression for the following Family-Based Preference Categories:

  • FB-1 Worldwide, China and India have retrogressed from May 8, 2011 back to April 8, 2011.
  • FB-3 Worldwide, China and India have retrogressed from June 15, 2006 to May 1, 2006.

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Email [email protected] to report a receipt number not recognized in the online "My Case Status" system.

Some employers and their employees report their receipt number is not recognized on the USCIS "My Case Status" system. During the CIS Ombudsman's teleconference on Employment Authorization Document (EAD) processing, on a February 27, 2018, USCIS instructed stakeholders experiencing this issue to send an email to [email protected] to report the a receipt number not recognized in the online "My Case Status" system.

Longer EAD Processing Time Delays Expected

Long EAD processing delays are repeatedly reported. Even longer EAD processing times are expected as a result of Rosario v. U.S. Citizenship & Immigration Services where the District Court Ordered USCIS to Timely Adjudicate Initial EAD Asylum Applications. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18). The I-140 Final Rule eliminated the 90 day processing requirement for other Form I-765 employment authorization applications and removed authorization of interim EADs.

Timely filing of EAD applications and strategies to obtain employment authorization is more important than ever. We at Litwin & Smith represent employers, employees, and individuals with the timely filing of employment authorization. We are a boutique immigration law firm representing business clients, families, and other employment applicants. Our firm is a nationally recognized premiere immigration firm. We have been very successful in preparing and obtaining H1B nonimmigrant visas for employers and subsequent immigrant visas and green cards for their employees on H1B. We prepare hundreds of employment petitions and applications each year. We offer excellent service at a competitive price. We are also known for our availability, responsiveness, timeliness, professionalism and expertise.

USCIS Announces Transfer of Some I-751 Petitions from CSC to TSC and VSC for Processing

I-751 long delays. I’m not sure transfers make adjudication faster. But, it does support more delay. USCIS announced on 7/19/18 that it transferred some I-751 petitions from the California Service Center (CSC) to the Vermont Service Center (VSC). On 7/26/18, USCIS announced it transferred some additional I-751 petitions from the CSC to the Texas Service Center (TSC).

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USCIS Announces Transfer of Some I-751 Petitions from CSC to TSC and VSC for Processing

DOJ and DOL announced a new partnership by signing a Memorandum of Understanding (MOU) that establishes protocols for the agencies to share information, refer matters between them, and train employees with the stated goal "to enhance the Civil Rights Division’s ability to identify employers that favor temporary visa holders over U.S. workers who can do the job."

Generally, we have found employers in their eagerness to protect U.S. workers request specific documentation or request too much documentation in violation of Form I-9 Employment Verification rules and anti-discrimination provisions.

Litwin & Smith, A Law Corporation attorneys and staff represent employers in most of the various industries represented around the Bay Area, across the U.S., and around the globe. We are a prestigious immigration law firm representing large and small business clients. Our firm is a nationally recognized premiere immigration firm. We have been very successful in assisting employers with Immigration Customs Enforcement (ICE) I-9 Audit Notices or Notices of Intent (NOI) and Department of Labor (DOL) Labor Condition Attestation (LCA) Compliance Audits for their employees on H1B. We look forward to assisting you.

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USCIS Returns Unselected Fiscal Year 2019 H-1B Cap-Subject Petitions

USCIS announced on July 30, 2018, that it has returned all fiscal year 2019 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. USCIS previously announced on May 15, that it had completed data entry of all selected cap-subject petitions.

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NTA Policy Memo Postponed

USCIS Updated Guidance - Postpones Implementation of Notice to Appear Policy Memorandum Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.