September 2018


USCIS Issues Policy Alert on Special Naturalization Provisions for Children

USCIS issued a policy alert updating the USCIS Policy Manual - Special Naturalization Provisions for Children. The amendments clarified the conditions children of U.S. citizens may naturalize if they obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty by their citizen parent. This updated Policy Manual guidance is controlling and supersedes any prior guidance.

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Advanced Notice of Proposed Change to Public Charge Ground of Inadmissibility page

The Department of Homeland Security posted an advance copy of the Notice of Proposed Rulemaking (NPRM) related to the public charge ground of inadmissibility under INA section 212(a)(4). When the NPRM is published in the Federal Register the public can comment on the proposal within the 60-day comment period. To learn more see the USCIS Proposed Change to Public Charge Ground of Inadmissibility page.


Diversity Immigrant Visa Registration Information for 2020 Diversity Immigrant Visa Program

DOS published a public notice in today's Federal Register with information on how to apply for the 2020 Diversity Immigrant Visa Program. The revised online registration period for the DV-2020 Program begins on Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT), and ends on Tuesday, November 6, 2018 at 12:00 noon, Eastern Standard Time (EST). Federal Register and Travel.State.Gov Diversity Visa website includes information on eligibility, entry period, completing the electronic entry form, selection of applicants, photo requirements, and FAQs.

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USCIS Adjustment of Status Filing Dates for October 2018

USCIS determined that for October 2018, the Dates for Filing chart may be used for both family-based preference filings and for employment-based preference filings.

October’s Adjustment of Status Filing Charts
For Family-Sponsored Filings:

  • You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2018.

For Employment-Based Preference Filings:

  • You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2018.

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USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions

USCIS Announced today, effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel. A consultation letter from a U.S. peer group, labor organization, and/or management organization is generally required for petitions in the O visa classification.

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USCIS Workload Transfers some F,M,J, B I-539s from VSC to PSC & NSC

USCIS announced 9/4/18, it transferred some Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J or B nonimmigrants from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center.

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The New USCIS Memo on RFEs and NOIDs

The New RFE Memo
The July 13, 2018, RFE Policy Memorandum supersedes prior guidance and takes effect on September 11, 2018. The announced USCIS guidance encourages adjudicators to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

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Employment-Based Visa Availability Update

We have had several recent inquiries regarding visa availability for the EB-1, EB-2, EB-3, and Third "Other Workers" (EW) preference categories in the coming months.

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USCIS Final Rule Increasing the Premium Processing Fee

USCIS Published Federal Register Form I-907 Premium Processing fee is $1,225 to $1,410 effective on 10/1/18. a 14.92 percent increase. Applications postmarked on or after that date must include the new fee. (83 FR 44449, 8/31/18)

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