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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
November 2017
Immigration News Briefs

H-1B Premium Processing Resumes
U.S. Citizenship and Immigration Services (USCIS) resumed premium processing on October 3, 2017 for all H-1B visa extension of stay petitions. USCIS had already resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and certain H-1B petitions that are not subject to the cap. Premium processing is now available for all types of H-1B petitions.

“Preconceived Intent” Rule
The Department of State (DOS) has a new guidance on the term “misrepresentation” for purposes of determining inadmissibility: Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible. The “30/60 Day Rule” has been eliminated, and new sections regarding status violations or “inconsistent conduct” within 90 days of entry, and after 90 days of entry have been added. The changes are important for individuals who apply for adjustment of status or change of status after entering the United States on a nonimmigrant visa or temporary basis.

The following actions are sufficient to trigger application of the rule:
• Engaging in unauthorized employment
• Enrolling in a full course of academic study without authorization and/ or the appropriate change of status
• Marrying a U.S. citizen or permanent resident and taking up residence in the United States if you are a nonimmigrant in a status prohibiting immigrant intent
• Undertaking any other activity for which a change of status or an adjustment of status would be required, without changing or adjusting status.

It is advised not to apply for a change or adjustment of status until 90 days have passed from the entry date.

Work Authorization Form and SSN Request
USCIS and the Social Security Administration (SSA) now share some information, so foreign nationals in certain categories or classifications can apply for work authorization and a social security number using a single form, the updated Form I-765, Application for Employment Authorization. This revised form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting an SSA office. Now applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within two weeks.

APPLICATION FINAL ACTION DATES FOR November  2017

 

FAMILY

India

Pakistan/Bangladesh

1st

22Jan11

22Jan11

2A

15Nov15

15Nov15

2B

15Nov10

15Nov10

3rd

15Aug05

15Aug05

4th

22Oct03

22May04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

08Oct08

Current

3rd

15Oct06

Current

Other

15Oct06

Current

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - November 2017

 

FAMILY

India

Pakistan/Bangladesh

1st

01Jan12

01Jan12

2A

01Nov16

01Nov16

2B

01Sep11

01Sep11

3rd

01Dec05

01​Dec05

4th

22Jun04

15Nov04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

08Feb09

Current

3rd

01Jan08

Current

Other

01Jan08

Current

4th

Current

Current

5th

Current

Current1B

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

Please note that the first section of this table is correct; the first section of the table in the print/digital issue needs correction.


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