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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
February 2018
Immigration News Briefs

Looking for a solution on DACA
In September, the Department of Homeland Security (DHS) rescinded the program, Deferred Action for Childhood Arrivals, or DACA, and said it would stop accepting applications from people covered under the act to renew their two-year DACA permits. The administration said the repeal of DACA would take effect in March 2018.

However, a Federal Judge temporarily blocked Trump’s decision to end DACA. Partly granting a request from the University of California, U.S. District Judge William Alsup issued a preliminary injunction in San Francisco ordering DHS to resume accepting renewal applications from people who are already protected under DACA while challenges to the September order work their way through the courts. But DHS does not have to accept new applications, he ruled.

After this ruling, USCIS published these instructions for DACA applicants:
• Until further notice, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. To request renewal, individuals must file Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.
• If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request.
• However, if your DACA expired before Sept. 5, 2016, or your DACA was previously terminated, you cannot request DACA as a renewal (since renewal requests should be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but you may file a new initial DACA request per Form I-821D and Form I-765 instructions. For this type of new DACA request, list the date your prior DACA expired or was terminated on Part 1 of Form I-821D.

H1B extensions unchanged for now
The USCIS has been reported as stating that it is not considering a change to the H-1B extension rules, including its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for workers who have reached certain milestones in the green card process. USCIS noted that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s “Buy American, Hire American” executive order, including conducting a “thorough review” of employment-based visa programs.

APPLICATION FINAL ACTION DATES FOR February  2018

 

FAMILY

India

Pakistan/Bangladesh

1st

15Mar11

15Mar11

2A

01Mar16

01Mar16

2B

15Jan11

15Jan11

3rd

15Nov05

15Nov05

4th

08Jan04

22Jul04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

08Dec08

Current

3rd

01Dec06

Current

Other

01Dec06

Current

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - February 2018

 

FAMILY

India

Pakistan/Bangladesh

1st

01Jan12

01Jan12

2A

01Nov16

01Nov16

2B

01Sep11

01Sep11

3rd

01Dec05

01Dec05

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://www.uscis.gov/visabulletin-feb-18

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