USCIS Completes Data Entry of FY 2017 H-1B Cap Subject Petitions
USCIS announced earlier this month that it has completed data entry of all FY2017 H-1B cap-subject petitions randomly selected through their computer process. They will now begin returning unselected petitions. USCIS is unable to provide a precise timeframe for returning these petitions because of the high number of filings.
USCIS will issue an announcement once all of the unselected petitions have been returned. In the meantime, they ask that petitioners refrain from inquiring about the status of submitted petitions.
In addition, USCIS is transferring some Form I-129 H-1B cap subject petitions from the Vermont Service Center to the California Service Center to balance the distribution of cap cases. If your case is transferred, you will be notified by mail. If you have received notice that your petition has been transferred, please direct all future correspondence to the center processing your petition.
U.S. Embassy in Caracas Unable to Schedule New Appointments for Business or Tourist Visa Applicants
The U.S. Embassy in Caracas, Venezuela is currently facing staff shortages after the refusal of the Venezuelan Foreign Ministry to issue visas for Embassy personnel. The staff shortage has made it difficult for the Embassy to handle the workload and as a result, there are now large backlogs of visa applications that have accumulated.
Because of these issues, the Embassy has announced that they can no longer provide new appointments for first-time business or tourist visa applicants. Once the Venezuelan Foreign Ministry resumes issuing visas for U.S. Embassy personnel and those individuals are able to return to work, the Embassy will restore full visa services to the Venezuelan public.
In the meantime, first-time applicants should not attempt to pay the application fee and should not attempt to schedule an appointment. If, however, you have already paid an application fee, those fees will remain valid for up to one year. The Embassy has stated that it will make limited numbers of appointments available exclusively for those applicants who paid the application fee before May 18, 2016.
If you are applying for a renewal of your valid U.S. visa or if you are a first-time applicant for any of the petition-based, student, or investor visas, limited numbers of appointments will be made available as well. Due to staff shortages, wait times for these appointments will be much longer than previously.
For more information, please click here.
USCIS Reaches H-2B Cap for FY 2016
USCIS has reached the congressionally mandated H-2B cap for Fiscal Year (FY) 2016. May 12, 2016 was the final receipt date for the new H-2B worker petitions requesting an employment start date before October 1, 2016.
USCIS will reject H-2B petitions received after May 12, 2016 that request an employment start date before October 1, 2016. They will consider H-2B petitions requesting an employment start date on or after October 1, 2016, toward the FY 2017 H-2B cap.
USCIS is continuing to accept H-2B petitions that are exempt from the mandated cap.
For more details, including a list of petitions that are exempt from the cap, please click here.
USCIS Posts New Web Page on the H-1B and L-1 Fee Increase
In response to stakeholder comments and questions, USCIS has posted a new web page on the H-1B and L-1 fee increase required by the Consolidated Appropriations Act of 2016. Public Law 114-113 requires certain petitioners to submit an additional fee of $4000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
The new page provides information about who must pay the new fee.
To view the new web page, please click here.
USCIS Invites Public Comment on Proposed Fee Schedule
Earlier this month, USCIS published a newly proposed fee schedule and initiated a 60-day period for public comment.
USCIS is required to conduct fee reviews for the Immigration Examinations Fee Account (IEFA) on a biennial basis. The FY 2016/2017 biennial fee review indicates a twenty-one percent weighted average fee increase is necessary to ensure full cost recovery.
USCIS has the authority to set its IEFA fees at a level that recovers the full cost of providing adjudication and naturalization services, including the cost of providing services to asylum applicants and or other immigrants free of charge, as well as any additional costs associated with the administration of the fees collected.
Following the 60-day comment period, USCIS will publish a final rule in the Federal Register.
For more information, including instructions on how to leave a comment, please click here.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.