Immigration News Briefs
H-1B Cap Random Selection Process for FY 2020 Completed April 10, “Master’s” Cap Reached
USCIS received 201,011 H-1B petitions during the filing period, which began April 1, including petitions filed for the advanced degree exemption (“Master’s” cap).
In accordance with the new H-1B regulation, USCIS first conducted a computer-generated random selection process for H-1B cap-subject petitions submitted on behalf of all beneficiaries, including those that may have been eligible for the advanced degree exemption. USCIS then selected a number projected to reach the advanced degree exemption (20,000) from the remaining eligible petitions. USCIS will reject and return all unselected petitions with their filing fees. They will continue to accept and process petitions that are otherwise exempt from the cap.
There is no specific timeline for when USCIS will begin returning rejected applications. Premium Processing for cap subject petitions, requesting change of status, begins on May 20, 2019.
H-1B Employer Data Hub Launched
To increase transparency in employment-based visa programs, USCIS launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers. The public can search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or ZIP code. The public can calculate approval and denial rates and review which employers are using the H-1B program. Data for individual fiscal years is available to download on the Files page at www.uscis.gov.
Emergency Travel Rules Updated
USCIS states on its website that “As a general rule, any person who is not a U.S. citizen or non-citizen U.S. national is subject to immigration review each time the person seeks admission to the United States from any place outside the United States. Even if you have already been admitted as a permanent resident (you have a Green Card) you are subject to review by an immigration official.
If you are seeking admission or parole at a port of entry you generally must have in your possession a valid and unexpired travel document (e.g. a Green Card, U.S. visa, an advance parole document) to present to the officer at the port of entry.”
In 2017, USCIS abruptly changed a longstanding position on travel with a pending I-131 application (Advance Parole- or AP). The rule became that, if an I-131 application is pending, the application for AP will be denied, regardless of whether the applicant can return in a qualifying status. However, effective immediately, the website was updated to state, “If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.”
This is good for pending I-485 applicants who need to travel suddenly or for an emergency, so that they can also file timely renewals and not abandon them upon travel.
APPLICATION FINAL ACTION DATES FOR May 2019
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Jan12 |
08Jan12 |
|
2A |
15May17 |
15May17 |
|
2B |
01Feb13 |
01Feb13 |
|
3rd |
08Nov06 |
08Nov06 |
|
4th |
01Aug04 |
15Feb06 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
22Feb17 |
01Mar18 |
|
2nd |
16Apr09 |
Current |
|
3rd |
01Jul09 |
Current |
|
Other |
01Jul09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - May 2019
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
22Aug12 |
22Aug12 |
|
2A |
08Jan18 |
08Jan18 |
|
2B |
01Aug14 |
01Aug14 |
|
3rd |
22Jun07 |
22Jun07 |
|
4th |
15Mar05 |
01Oct06 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Oct17 |
01Sep18 |
|
2nd |
01Jun09 |
Current |
|
3rd |
01Apr10 |
Current |
|
Other |
01Apr10 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.
