2015 Old Blog

The U.S. Department of State (DOS) released its January 2016 Visa Bulletin highlighting the processing dates for employment- and family-based green card applications. The format of the bulletin recently changed. Each month the DOS will publish the updated Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) will issue a subsequent announcement one week later, informing foreign nationals if they may use the Dates for Visa Application charts or not. For more information, read Introducing the new Visa Bulletin.

The omnibus appropriations bill that was signed into law on Friday altered multiple immigration programs. The spending measure provides discretionary funding for the government until Sept. 30, 2016.

U.S. Citizenship and Immigration Services (USCIS) published a draft policy memo to help clarify wording in the requirements for H-1B Person in Specialty Occupation and other work visa transfers. Many foreign nationals waiting for employment-based green cards share the concern that a job change would cause them to lose their spot in the green card queue or invalidate their current visa status. According to USCIS, that concern often stems from misinformation about what USCIS considers a “same” or “similar” job, which is one of the requirements for a transfer.

In an overwhelming majority, the U.S. House of Representatives passed a bill tightening security restrictions of the Visa Waiver Program. Currently, nationals from 38 countries may travel to the United States for 90 days without obtaining a visa, however, the bill aims to add restrictions to countries deemed “high risk.”

U.S. Citizenship and Immigration Services (USCIS) expanded the H-2A Temporary Agricultural and H-2B Temporary Nonagricultural visa programs. Beginning Jan. 18, nationals from 16 countries, including Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan and Timor-Leste, will be eligible to apply for temporary work visa sponsorship.

The U.S. Department of State (DOS) released its December 2015 Visa Bulletin. However, the format of the bulletin has recently changed. Going forward, the DOS will publish the updated Visa Bulletin each month, and U.S. Citizenship and Immigration Services (USCIS) will issue a subsequent announcement one week later, informing foreign nationals if they may use the Dates for Visa Application charts or not. For more information, read Introducing the new Visa Bulletin.

Citizenship and Immigration Canada (CIC) now requires Canadian employers requesting work permits that are exempt from the Labour Market Impact Assessment, such as NAFTA, intra-company transferees, C10 Significant Benefit and others, to submit FORM IMM5802 via its newly established Employer Portal.

The Department of Homeland Security (DHS) published a proposed rule in response to an August court decision that invalidated the 17-month extension of the F-1 Optical Practical Training (OPT) program for science, technology, engineering and mathematics (STEM) students.

U.S. Citizenship and Immigration Services (USCIS) implemented an additional step to the green card process. Beginning with the November 2015 Visa Bulletin, if there are more immigrant visas available for the fiscal year than known applicants, USCIS will issue an update. It will inform applicants that they may use the Dates for Filing Visa Applications chart to ascertain if they may file Form I-485 (Application to Register Permanent Residence or Adjust Status). This determination will be published one week after the Department of State (DOS) releases the Visa Bulletin.

On Sept. 30, Congress failed to renew Public Law 111-230 (the 50/50 fee). Enacted in August 2010, the 50/50 fee mandated companies with more than 50 employees based in the United States and more than 50 percent of workers employed under a nonimmigrant visa status to pay an additional fee — $2,000 for H-1B and $2,250 for L-1 applicants.