DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

Release Date: February 24, 2015

Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
•    Are the principal beneficiaries of an approved I-140, Immigrant Petition for Alien Worker or
•    Have been granted H-1B status beyond the 6 year limit based on the filing of a labor certification. 

Applications for work authorization will be accepted on May 26, 2015.  Please contact us for assistance with applying for this long awaited benefit.  

President Obama's Immigration Accountability Executive Actions

Although details are still being finalized and it may be some time before we can take action on these benefits, the Executive Action, while addressing the most talked about issue - undocumented individuals,  has a number of benefits for employment-based immigration.

 

• The H-4 Employment Authorization Regulation will be finalized!

• Optional Practical training will be expanded. 

• "Pre-registration" will be available to allow people adjustment of status benefits when an I-140 is approved, but no immigrant visa is immediately available. 

• The National Interest Waiver category will be strengthened for entrepreneurs. 

• PERM and L-1B guidance will be provided to improve processing. 

 

October Visa Bulletin

The October Visa Bulletin has been released.  See: travel.state.gov Happily there is some movement forward, but according to according to Charles Oppenheimer, Chief of the Visa Control And Reporting Division, U.S. Department of State, we can expect to see retrogression in the EB-2 category for India.  Currently, the cutoff date is May 1, 2009.  The retrogression may be severe, possibly to a date in 2005.  Please note that currently, even though a retrogression is expected, applications for India cases with priority dates earlier than May 2009 will be accepted.  

Citation: AILA InfoNet Doc., No. 14071401 (posted Sep. 11, 2014). 

 

Government Shutdown:  How will it affect immigration filings? 

Although the USCIS continues to function much as it always does, the Department of Labor, Office of Foreign Labor Certification, is shut down.  This means that no labor condition applications for H-1Bs may be filed, nor any applications for permanent employment certification under the PERM system.   As the law requires that all H-1B petitions be supported by a certified labor condition application, H-1B petitions may not be filed with the USCIS.   The American Iimmigration Lawyers Association is seeking guidance from the USCIS with respect to handling this situation, but it it is doubtful that the USCIS would agree to accept any filing without, at least, having evidence of a filed labor condition application.  As soon as we have additional information, we will post it. 

 Senate Releases Outline of Proposed Immigration Reform Legislation

The Senate has released an outline of the "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013".  It is scheduled to be introduced this week.  Plenty to like as well as dislike.  As with all things relating to immigration, the devil will be in the details.      Outline 

USCIS H-1B Receipt Issuance

USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15.  Data entry for non-premium processing cases will begin after the premium processing cases are entered. Data entry for non-premium cases will likely not be completed until sometime in mid-to-late May, and rejection notices for petitions not selected in the lottery will be sent out after that.  Non-premium processing cases can only be converted to premium processing after a receipt notice is issued.  "AILA InfoNet Doc. No. 13041600 (posted Apr. 16, 2013)"

USCIS H-1B Cap Count

As of April 15, 2013, approximately 124,000 H-1B cap subject petitions were received by the USCIS.  A lottery is being implemented to select first, petitions filed under the Masters cap provision.  Once 20,000 petitions have been selected, the Master's cap petitions will be added back into the pool.  A lottery will be conducted to select aprpoximately 65,000 "regular cap" H-1B petitions.  Receipts are expected in approximately two weeks. 

Frances O’Connell Taylor Achieves International Recognition Among Top Corporate Immigration Lawyers Worldwide for Second Consecutive Year

Frances O’Connell Taylor has been ranked among the top corporate immigration lawyers in the world for the second consecutive year.  Ms. Taylor, a partner with Taylor & Ryan, secured ranking among the top 438 corporate immigration lawyers internationally for 2012 by London-based Who’s Who Legal, a leading reference resource serving international corporations, government agencies, law firms and individual private practitioners.

New Nonimmigrant Visa Interview Waiver Pilot Program Announced

USCIS has started the data entry process for H-1B petitions selected in the lottery.  Premium processing cases are being handled first and data entry for those cases should be completed by April 15th.  Data entry for non-premium petitions will begin only after the premium petitions are entered.  It is expected that it may take until mid-to-late May before all petitions are entered and receipt notices issued.  Rejection notices for petitions not selected in the lottery will be sent out after that.  Please note that non-premium cases can only be converted to premium processing after a receipt notice is issued. (AILA InfoNet Doc. No. 13041600, posted April 16, 2013)