Trump Won in H-4 EAD Lawsuit!

February 22, 2018

Just now, hello987 said:

H4 EAD cancel ana?

kadu H4 EAD permanent ani

February 22, 2018

5 minutes ago, hello987 said:

H4 EAD cancel ana?

it looks like H4 EAD will be removed... s0rry to say that.. but seems confirmed..

February 22, 2018

9 minutes ago, ronitreddy said:

bali gadu mukku mooskoni kindanundi pithaada kallu atla lepi koosunnadu..

February 22, 2018

2 minutes ago, Quickgun_murugan said:

it looks like H4 EAD will be removed... s0rry to say that.. but seems confirmed..

Mari already unnollavi kuda peekesthara?

February 22, 2018

7 minutes ago, hello987 said:

Mari already unnollavi kuda peekesthara?

unnavallavi renewal date end ayye daka valid... aa tarvata no renewals.. kothavi accept cheyyaru..

rule making ayipoyelopu.. renewals or new applications accept chestaru... 2 /3 years approval osthey racha... lekapothey light...

internal sources saying H1 beyond 9 years( initial 6 + 3 after I-140) removal will be implemented too ...

@hello987

February 22, 2018

1 hour ago, rapchik said:

Edhi em headline ra..Immigration-law ga ...

02/22/2018: U.S. Court of Appeals in DC Issued an Order Sustaining Trump Administration Motion for Abeyance of H-4 EAD Rescission Process Instead of Court Ruling in Pending Lawsuit

The Wise Grad reports that the federal appeals court issued a decision granting the motion for abeyance pending H-4 EAD rescission rule making and order the Trump Administration to report the court every 90 days progress of the rule making. The Court thus denied the union's motion to reschedule the hearing to decide the case as soon as possible. Accordingly, for now, the decision has given a good news, albeit temporary, for H-4 EAD stakeholders for a substantial prolonged period time.

What does this mean to immigration stakeholders? H-4 spouses have extended period of time to apply for new H-4 EADs and extension of current H-4 EAD for a while without fear of court's imminent decision against the H-4 EAD rule. Additionally, this may somewhat unload potential FY 2019 H-1B cap petition volume in that the number of H-4 EADs may keep staying in H-4 EAD instead of rushing to file change of status from H-4 to H-1B in April 1, 2018. We previously predicted that the volume of H-1B cap applications in this cap season may arise substantially because of H-4 EADs applying for change of status to H-1B in part as well as Trump Administration's plan to reform the H-1B cap seletion based in the order of the highest salary offered instead of random selection in the near future. Another factor is the growing economy and business markets.

02/21/2018: DHS Ombudsman Office Teleconference on EAD on 02/27/2018, Tuesday

USCIS official will join the teleconference to discuss EAD processing times, shed light on current operational issues, and highlight best practices. It will be one-hour teleconference from 2:00 to 3:00 p.m. (EST). Interested people should click the link above to register.

02/21/2018: USCIS March 2018 485 Filing Charts Released

Family-Based: Use "Filing Date" Chart

Employment-Based: Use "Final Action Date" Chart

02/20/2018: USCIS Today Releases Two Updated Forms: I-817 and I-824

Form I-817, Application for Family Unity Benefits, New Edition Dated 11/07/2017. Effective 04/23/2018, USCIS will only accept the 11/07/2017 edition. Until then, you can use the 12/23/2016 edition.

Form I-824, Application for Action on an Approved Application or Petition, New Edition Dated 11/01/2017. Effective 04/23/2018, USCIS will only accept the 11/01/2017 edition. Until then, you can use the 12/23/16 edition.

02/16/2018: Effective 03/17/2018, USCIS No Long Accept Power of Attorney (POA) Signature on Forms and Other Documents

USCIS has released a Final Policy Memorandum on 02/15/2018 that USCIS will no longer accept applications, petitions, and others which are signed by Powever of Attorney efective March 17, 2018. Until now, this has been permitted by an interim policy memorandom. This interim policy memorandum is overridden by the just released Final Policy Memorandum of 02/15/2018. For the details, please read the full text of the Policy Memorandum.

02/16/2018: Senate in Recess Until 02/26/2018

Senate confirmed en masse nominations for government posts and judges and went into a recess without any indication as to any agenda or plan for immigration issues before March 5, 2018 when President Trump's DACA rescission order takes effect. As we reported earlier, though, because of the federal district court injunction orders against the President's rescission order or unless higher courts overrule the lower courts decisions, the current DACAs will be able to continue their lives without the fear of deportation. Sad parts include that no new DACA applications will be available and those who failed to file extension before September 24 last year will face crisis, even though DHS may exercise discretion to delay the enforcement actions against them aggressively. Additionally, since advance paroles will not be available for the current DACAs, their lives will be affected negatively for not being able to visit their home countries and relatives overseas. We'll see what will happen after 02/26/2018.

It is hopeful that there is some development very soon. Available options include (1) the Congress passes legislation when they come back to the sessions, albeit not too promissing in the near future; (2) the President issues a new executive order to revive the DACA program with or without revisions. Under the Constitution of the United States, the President has a power of prosecutorial discretion on equity in the form of deferred action ; (3) the U.S. Court of Appeals and the Supreme Court of United States take time to review and reach decisions on the government's appeal against the lower courts preliminary injunctions until the political issues are resolved either legislatively or administratively during the next several months.

02/16/2018: USCIS Policy Memorandum of 02/15/2018 on "Exemption to the Temporary Need Requirement for H-2B Workers on Guam" Involving NDAA

This PM pertains to certain H-2B petitions requesting start dates on or after April 11, 2018, and before October 1, 2023, for an otherwise qualified H-2B worker to perform service or labor on Guam pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contract or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or directly associated with, the military realignment occurring on Guam. Under the NDAA (National Defense Authorization Act), an employer’s need for these specific types of service or labor is not required to be temporary in nature if the employment start date is on or beforeSeptember 30, 2023.

02/15/2018: Senate Failed to Pass Any Immigration Bills

There were four bills introduced in the forms of amendment, including pro-Trump four-plans bill as well as pro-Democrat proposal excluding elimination of DV lottery and chain migration from immigration system. They all failed to get 60 votes by 5:00 p.m. today. Trump plan supporting SSA (Secure and Succeed Act) bill of Sen. Grassley got only 39 yes votes. Wow!

Quo Vadis, Senators? Senate will have no "voting session" until 02/26/2018, Monday!

02/15/2018: USCIS Updates 02/15/2018 H-1B Processing Times as of 12/31/2017

Extension COS Consular Proc

CSC 10/10/2017 10/10/2017 10/10/2017

VSC 08/07/2017 04/10/2017 04/10/2017

NSC 11/01/2017 - -

02/15/2018: USCIS Updates Processing Times on 02/15/2018

See our home page.

02/15/2018: USCIS Announcement to Comply with Injunctions of Federal District Courts Against Trump's DACA Rescission

USCIS announced yesterday that the scope of the preliminary injunction issued on February 13, 2018 in the Eastern District of New York is the same as the preliminary injunction issued on January 9, 2018 in the Northern District of California. Until further notice, and unless otherwise provided in this web guidance, the DACA policy will continue to be operated on the terms in place before it was rescinded on Sept. 5, 2017. As explained in that guidance, USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.

Both court injunctions apply only to the curent DACAs, excluding any new DACA applicants. Review the current USCIS DACA implementation. What does it mean? When it comes to the current and existing DACAs, there will be no rescission of DACA program on March 5, 2018 "unless higher federal courts overrule these district courts' injunction orders!

02/15/2018: Here We Go! Senate Scheduled to Vote on Immigration Reform Bills Beginning from 10:30 A.M. (EST)

Basically confrontation between two proposals: Republican (Grassley) proposal incorporatiing Trump's all four plans (Border Security, DACA, Removal of so-called Chain Migration, and Removal of DV Lottery Program) vs. Democratic proposal limiting to the first two programs (Border Security and DACA). Trump has declared he would veto the Senate Democratic proposal.

02/14/2018: USCIS Updated Form G-1450

Update to Form G-1450, Authorization for Credit Card Transactions 02/14/2018 12:00 AM EST. New edition and separate instructions are dated 01/04/18. As we reported earlier, USCIS is expanding credit card payment of filing fees for 41 forms using this G-1450 form.

Caution. The credit card payment is available only when they are filed with Lockbox facilities!

02/14/2018: USCIS to Accept Credit Card Payment for Fees for 41 Forms Which Are Filed with Lockboxes

USCIS announced today that it will now accept credit card payments for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use Form G-1450, Authorization for Credit Card Transaction (PDF, 260 KB)s. For details, please click here.

02/14/2018: "Secure and Succeed Act" S. 2579 Bill of Six Hardline GOP Senators Introduced in the Senate

This bill is close to the Trump's immigration reform plan. DHS posted summry of this bill. Better summary is posted by the Senate Judiciary Committee. This bill is sponsored by Senate Judiciary Committee Chairman Chuck Grassley.

02/13/2018: Federal District Court Judge in New York Issued Preliminary Injunction Against President Trump & DHS Rescission of DACA

New York Law Journal reports that today, the federal judge issued preliminary injunction that applies nation-wide against DHS Secretary rescission of DACA program.

This is a very important decision when the Senate debate for DACA stalled between the Republicans and the Democrats not too long after the floor debate and DACA could have faced a nightmare in the first week of March.

02/13/2018: Senate Voted Yesterday to Debate Immigration Reform by 97:1 Vote

The debate will start today and reportedly, the President Trump demands to pass the immigration reform legislation including DACA by Thursday, 02/15/2018. It may be considered a wild dream, but the pressure is mounting on the Congress to pass immigration legislation before March 5, 2018 when the DACA program expires.

02/12/2018: March 2018 Visa Bulletin

Very depressing charts for EB Indian workers in both Final Action Date Chart and Filing Date Chart.

02/12/2018: Are You Ready for the Senate Floor Debates and Actions on Immigration Legislation This Week?

Yes, this week can be one of the most important periods for the future of immigration reform for this country as the Senate launches full-blown debates on comprehensive immigration reform legislation and DACA legislation, among others. Republicans hope to push the Trump's immigration reform plans as a bargain for DACA relief, while Democrats to push DACA legislation upfront with or without a potential compromise for comprehensive immigration reform along the line of the Democrats political platform. The debate will start shortly today. Please stay tuned.

02/09/2018: President Signed the CR as Soon as the House Passed Bill Early This Morning, Officially Reopening the Government

White House site just confirmed this, but his Twitter as reported in Breitbart indicates that he signed 05:39 a.m. this morning. Apparently, he loved the bill.

02/09/2018: House also Passed CR at About 5:30 This Morning and Government to Reopen After About Six Hours of Shutdown This Morning

This probably is one of the shortest government shutdown. What a relief.

Now wait for a potential huge legislative development on immigration reform starting from next Monday! It will be a huge relief for temporary and permanent labor certification programs for employment-based immigration stakeholders as well as another stakeholders for FY 2017 sunset immigration programs which will reopen again at least for now. The USCIS posted alert for these four programs, but just passed CR will save these sunsetting four immigrations at least until 03/23/2018.

The CR does not touch any hot-botton immigration issues such as DACA as well as comprehensive immigration reform. However, the legislative debate on the immigraion legislation is expected to ignite a fire on the Senate floor beginning from next Monday. Please stay tuned.

02/09/2018: Senate Eventually Passed CR by 71-28 Votes During the Night

The government temporarily still remains shutdown, but some progresses have been made in the Congress. After a reported concession in the CR, the Senate eventually passed the bill. The House is scheduled to vote for the Senate passed CR about 4:00 AM this morning.

Report indicates that the Senate has agreed to open a huge debate on the Senate floor on immigration reform legislation next week without any delays.

02/08/2018 11:40 PM: Government Legally Shuts Down at Midnight 12:00 P.M. (EST) Today

One time, in the Senate, there was a bi-partisan agreement to fund federal government, but when the Senate went into the session, Senator Rand Paul of KY started filibuster on the floor all the way through 11:00 PM and, report indicates that the Senate went into recess until 12:01. Accordingly, at midnight of 12:00 P.M. (EST), the federal government legally shuts down. When the Senate comes back to the session after 12:00 P.M., the Senate Majority Leader will try to vote for the bi-partisan agreement to reopen the federal government, but passage of the bill in the Senate would not easily allow reopen of the federal government since the House should also vote and the President Trump should sign it into a law. On the House side, there is another hurdle to pass the Senate bill since there are two groups of House members who oppose this bill, including the House Democratic Minority Leader and her supporters on the one side and ultra right-wing conservative Republican Freedom Caucus on the other side who also oppose the bill thus far.

02/07/2018: Alert! USCIS Considers Random Selection for H-2B Cap Numbers on 09/30/2018 (Last Day of the Second Half of FY 2018

USCIS announces today that the U.S. Department of Labor announced it will not begin releasing H-2B temporary labor certifications until Feb. 20, 2018, due to an unprecedented number of applications. As a result of this demand, USCIS may receive more H-2B nonimmigrant worker petitions than there are H-2B visas available in the second half (04/01/2018-09/30/2018) of Fiscal Year 2018. USCIS is maintaining a flexible approach to this issue, which may include randomly selecting petitions received on the final receipt date to ensure that we allocate H-2B visas fairly and do not exceed the cap. More information will be forthcoming. For more information, see Cap Count for H-2B Nonimmigrants.

02/07/2018: Here We Go! New York Times Report Confirms Our Earlier Report of Development on CR

Government shutdown cannot be taken lightly. Some people may take that it will only affect government employees and their families. That is absolutely not true. It can affect hundreds of thousnds or even more than millions of people, immigration stakeholders, disrupting their lives because of the close of the federal government offices.

02/07/2018: Immigration Issues Out of CR Compromise to Avoid Government Shutdown at Least Until 03/23/2018

Yesterday, the House passed a temporary government funding bill (CR) to keep the government temporarily opened through 03/23/2018 without including any immigration reform or DACA provisions in it. The Senate is likely to revise the House version, but in order to avoid the government shutdown, the Senate may as well take out immigration reform from the CR, to leave them as next compromise agenda during the next CR period. President Trump threatened that he wanted to see the government shutdown, should his conservative immigration reform be not part of the CR or Omnibus Appropriations bill, but he would not dare to do that since he would be the prime target of blame and attack by the nation for the government shutdown. For the reaons, this time around, Democrats also remained silent on attachment of DACA to the CR for the same reasons. It thus appears that the struggle for immigration reform legislation including DACA will for now be controlled and move to the struggle during the upcoming CR period through March 23, 2018. During the next CR period, the President Trump is likely to take over a heavy burden on DACA issue, either from legislative perspectives or administrative action perspectives.

For the sunsetting immigration programs, next CR may give a temporary relief, at least through March 23, 2018. Please stay tuned.

02/06/2018: OFLC PERM PWD and PERM Processing Times as of 01/31/2018

PERM Prevailing Wage Determination Processing Times: November 2017 (81 days)

PERM Application Processing Times:

Analyst Review (clean cut cases): August 2017

Audit cases: June 2017

Reconsideration cases: December 2017

It appears as of now, clean cases moved from August 2017 to September 2017.

02/06/2018: Effective 02/01/2018, State Department & USCIS Started Screening Family Members of Refugee Applicants in the U.S.

On Feb. 1, 2018, USCIS and the Department of State implemented new procedures to ensure that all individuals admitted as refugees receive similar, thorough vetting – whether they are principal refugees, accompanying family members, or following-to-join refugees. A following-to-join refugee is the spouse or child of a principal refugee who lives abroad and wishes to join the principal refugee in the United States. For the details, please see the USCIS announcement.

02/06/2018: Breitbart Reports There is No March 5 Deadline for DACA

Very interesting report. According to the conservatie media Breitbart report yesterday, "March 5 distinction was vaporized January 9 when a California judge decided that the government had violated regulatory procedures by quickly ending the delivery of benefits to the 680,000 illegals still in the DACA program. In response, the federal government has begun renewing the expiring work-permits, pending their appeal to the Supreme Court, which is likely to be decided by June." In fact, there is no ruling by the Supreme Court of the United States against the DACA program itself other than preliminary injunction of the federal district court in Texas against the "expanded DACA (three-year programe instead of two-year program) and DAPA program for their parents." Besides, the Trump Administration issued the decision of rescission of the original two-year DACA program based on the threat of the Attorney General of the State of Texas to seek expansion of the three-year expanded DACA program preliminary injunction to the original two-year DACA prograam in the Court. In issuing the rescission, the Trump Administration exercised discretion to extend the deadline for exising DACA program until March 5, 2018 for the existing DACA recipients. Under the circumstances, theoretically, the Trump Administration still has an authority to extend DACA program as a "prosecutorial deferred action" power of the Executive Branch under the Constitution of the United States as a part of common law rule of equity. Accordingly, it is somewhat interesting how this report of Breibart will affect the dynamics for the pending FY 2018 budget negotiations between the two parties.

02/05/2018: Do not Miss Teleconference on FY 2019 H-1B Cap Season and Filing Tips

Unconfirmed sources indicate that the USCIS planned reform of H-1B cap will not take place before the opening of this cap season on 04/01/2018. Another information indicates that unlike last year, the Premium Processing may not remain closed for H-1B cap cases almost throughout the season, albeit a short period of closing as usual for many years in the past.

The teleconference may add some more details about the cap filing this season, and H-1B cap employers and stakeholders may not miss this teleconference. For details, refer back to our report on 01/31/2018 in this site.

02/05/2018: Latest Progress of CR Negotiations to Avoid Government Shut Down on 02/09/2018 (Friday)

Report indicates that Republicans and Democrats are moving toward direction of passing another Continuing Resolution to fund the government until March 22, 2018 with the agreements on increased spending bill for defense and to work on "neutral" immigration legislation during the period of next CR. Reportedly, the road block to this movement is the Freedom Caucus of the House (Ultra Right Wing) that threatens to reject such CR if the ultra conservative immigration reform legislation is not passed as part of the another CR. Should that happen, there will be another government shut down on 02/09/2018 (Friday). The CR must be passed before Thursday because the House members are scheduled to leave the Hill for the caucus meeting. The key appears to remain in the hand of the members of House Freedom Caucus. If they want to avoid the blame for another government shutdown, President Trump and Freedom Caucus may have to agree to the ongoing concessions between the House and the Senate leaderships.

If there is no government shut down, some immigration programs that are scheduled to sunset can be extended again until 03/22/2018. Please stay tuned.

02/05/2018: Some I-601A Applications Transferred from National Benefits Center to Nebrasca Service Center

USCIS announced on 01/29/2018 that it transferred some of the I-601A Applications (Provisional Unlawful Presence Waiver) to the Nebraska Service Center:

02/02/2018: ICE Directive of 01/10/2018 on Civil Immigration Enforcement Actions Inside Courthouses

Breibart reports that ICE Director issued this "Directive" to enforce immigration enforcement inside court houses. Reportedly, this immigration law enforcement will affect Sanctuary cities.

02/02/2018: Expired and Renewal of USCIS Form of Letter-Notification of Medical Service Requirements for National Interest Waiver Physicians

This form letter of the USCIS requesting evidence to complete NIW waiver I-485 applications for physicans expired on 01/31/2018, yesterday, but the OMB cleared extension of the form letter without changes to the requirements in the form letter. Accordingly, the IMGs who filed or who intends file NIW I-140 and I-485 applications based on the HHS or Veteran Administration sponsorship may use the expired form, which will soon be published in the federal register for extension of the form letter.

02/01/2018: USCIS Customer Service Tools Scheduled Down Coming Sunday from 5:00 am to 6:00 pm (EST)

Well, it means customer tools will be not available almost whole day.

02/01/2018: Reportedly, President Trump Suggested Today to the Republican Lawmakers to Delay in Pushing for Immigration Reform Debate Now

Breitbart reports that in today's Republican meeting in Virginia, President Trump suggested to delay immigration debate rather than push it now. President Trump must have arrived at a conclution that pushing the far-right comprehensive immigration reform legislation now is not for the interest of the Republican party to win the November 2018 midterm national election. Delay until later before the election would rather help for the party in the November election, the President thought. Why?

As we wrote earlier, pushing far-right immigration reform would not be in the best interest since it may cause another government shut-down, and unlike previous government shut-down, the President Trump could be blamed for government shut-down for pushing the far right immigration reform as the cause for the government shutdown. Let see what happens next week.

02/01/2018: Approaching FY-2019 H-1B Cap Petition Season (04/01/2018) and USCIS to Revise I-907 Premium Processing Request Form Soon

Attorneys filing I-907 form must have been confused with Part I of the form requesting the information about the "Requestor" including name and address. Requestor means what? Employer or Attorney? Obviously, the USCIS has been receiving I-907 with confusing answers. USCIS is revising Part 1 of the Form I-907 with some enhancements. For instance, the revised form may explain more clearly that "company name and contact" refers only to the company or organization named in a related case; e.g., a petitioning employer and not legal representative. Lawyers should complete the "Preparer" section in the form. The form Another enhancement is the addition of a Part 5 Name, Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other Than the Requestor which requests all relevant information regarding an attorney or other accredited representative who prepares a Form I-907 on behalf of the person filing the request. USCIS is confident these changes will improve the efficiency in filing and processing Form I-907.

USCIS submitted the revised I-907 form to the OMB yesterday, and it is likely that the revised form may be published before the start of the FY 2019 H-1B cap season. One good news is that the USCIS rejected a comentor's suggestion to increase the fee to $5,000! Good for you, USCIS!

01/31/2018: USCIS Teleconference on Upcoming H-1B Cap Filing Tips on Tuesday, 03/06/2018, 1:00-2:00 PM (EST)

USCIS hosts a teleconference on the upcoming H-1B cap filing period, giving helpful filing tips and answering questions by the Service Center Directore on Tuesday, March 6, 2018, from 1 - 2 p.m. EST.

To register, please follow these steps:
" Visit our registration page
" Enter your email address and select "Submit"
" Select "Subscriber Preferences"
" Select the "Event Registration" tab
" Provide your full name and organization, if any
" Complete the questions and select "Submit"

We advise the participants not to keep saying "Hello, Can You Hear Me?" or "Thank You For........." which is usually taken annoying to other participants and causing waste of time.

01/31/2018: USCIS Asylum Interview Schedules: Give Interview Priority to the Most Recently Filed Affirmative Asylum Applications

Starting January 29, 2018, the Asylum Division have been giving priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. USCIS indicates that the INS in old days first established this interview scheduling approach as part of asylum reforms implemented in January 1995. This approach was in place until December 2014. The aim is to deter individuals from using asylum backlogs solely to obtain employment authorization by filing frivolous, fraudulent or otherwise non-meritorious asylum applications.

Giving priority to recent filings allows USCIS to promptly place such individuals into removal proceedings, which reduces the incentive to file for asylum solely to obtain employment authorization. This approach also allows USCIS to decide qualified applications in a more efficient manner. USCIS will now schedule asylum interviews in the following order of priority:
(1) First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
(2) Second priority: Applications that have been pending 21 days or less.
(3) Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.

Sounds very odd, but they have a purpose to achieve. Read on.

01/31/2018: President Trump State of the Union Address Demanding Merit-Based Comprehensive Immigration Reform Legislation

It appears that the country generally agrees that the country's aged-old immigration systems should be reformed, considering the change of the world and the country in a cyber age demanding merit-based immigrants. In fact, the Senate passed a few years ago a comprehensive immigration reform Act, S. 744, incorporating this concept of merit-based immigration reform. Unfortunately, the House rejected and did not even put the Senate bill on the floor, leading to the death of the bill.

Politico reports that after the President's SOTU address, it was a general consensus that there was no objection to the immigration reform based on merit system, but legislators, including Republicans, revealed that the President reform proposal which reflect's Senator Tom Cotton's RAISE Act would not be acceptable, not because of the merit-based immigration reform but because of Sen. Tom Cotton's bill to use merit-based reform to cut off annual total immigration to about 40% during the first year after the legislation being enacted. Democrats themselves also generally admit that the country's immigration laws should be reformed with introduction of merit-based immigration as an important part of the new immigration system, but object to reducing total immigration numbers to about a half of current immigration system.

It thus appears that unless this difference can be compromised between the Republicans and the Democrats, DACA relief is likely to face a jeopardy and the country may face another government shut-down. The workable compromise would keep the family-based immigration system as it is, albeit in reduced numbers, and reform employment-based immigration system drastically, removing per country limit and allocating more numbers for employment-based immigration. It is stunning and embarrassing to learn that the white supremacist David Duke praised the President's immigration reform plan in the SOTU, obviously not because of merit-based reform per se, but because of the drastic cut-off of total immigrant numbers, especially immigrants of color, as the ultimate goal of the immigration reform.

February 22, 2018

15 minutes ago, Quickgun_murugan said:

unnavallavi renewal date end ayye daka valid... aa tarvata no renewals.. kothavi accept cheyyaru..

rule making ayipoyelopu.. renewals or new applications accept chestaru... 2 /3 years approval osthey racha... lekapothey light...

internal sources saying H1 beyond 9 years( initial 6 + 3 after I-140) removal will be implemented too ...

@hello987

ipdu antha mad rush untademo h4 ead applications ki inka....so 9 years tarvatha india ki vellipovalsindhena?

February 22, 2018

1 hour ago, Quickgun_murugan said:

unnavallavi renewal date end ayye daka valid... aa tarvata no renewals.. kothavi accept cheyyaru..

rule making ayipoyelopu.. renewals or new applications accept chestaru... 2 /3 years approval osthey racha... lekapothey light...

internal sources saying H1 beyond 9 years( initial 6 + 3 after I-140) removal will be implemented too ...

@hello987

we dont think so.. i140 approved kabbattiii they have to honour else return the fee and SSN tax ani twitter lo evvado peettaduuu 10 yrs back

February 22, 2018

13 minutes ago, Kalam_Youtheman said:

we dont think so.. i140 approved kabbattiii they have to honour else return the fee and SSN tax ani twitter lo evvado peettaduuu 10 yrs back

they can revoke if the companies cannot defend why they still could not find American worker ...

February 22, 2018

3 minutes ago, Quickgun_murugan said:

they can revoke if the companies cannot defend why they still could not find American worker ...

i140 approval process lo already eeee phase daatipothaaaru ga bro... defend why no american ani

February 22, 2018

1 hour ago, hello987 said:

ipdu antha mad rush untademo h4 ead applications ki inka....so 9 years tarvatha india ki vellipovalsindhena?

Depends on the company that can defend why they couldnt find American worker for these long years... company defend cheskuntey untadi.. ledantey India vellipovaalsindey...

February 22, 2018

2 minutes ago, Kalam_Youtheman said:

i140 approval process lo already eeee phase daatipothaaaru ga bro... defend why no american ani

H1 renewals ki it will be MUST now... it has nothing to do with your i-140 status...

Renewal cancel chestey... you might have to go back and can get Advanced Parole when dates get current...

February 22, 2018

4 minutes ago, Quickgun_murugan said:

Depends on the company that can defend why they couldnt find American worker for these long years... company defend cheskuntey untadi.. ledantey India vellipovaalsindey...

Manollu edo oka loop hole chestharu...ilanti option isthe chelaregipotharu

February 22, 2018

3 minutes ago, Quickgun_murugan said:

H1 renewals ki it will be MUST now... it has nothing to do with your i-140 status...

Renewal cancel chestey... you might have to go back and can get Advanced Parole when dates get current...

adhe bro.. h1b renewal ki MUST annav correct , i140 appudu mana draft chesi pamputham ga.. ila american illlaa so we want to GC for this thopp thurrrmm candidate ani..like itaking americans nterview resume and all ads in local newspaper.. so ippudu h1b renewal ki kuda alane cheyyaloi antunnavaa . interviews, ads, resume untaaye antuunnavaa ?

February 22, 2018

2 hours ago, rapchik said:

Edhi em headline ra..Immigration-law ga ...

02/22/2018: U.S. Court of Appeals in DC Issued an Order Sustaining Trump Administration Motion for Abeyance of H-4 EAD Rescission Process Instead of Court Ruling in Pending Lawsuit

The Wise Grad reports that the federal appeals court issued a decision granting the motion for abeyance pending H-4 EAD rescission rule making and order the Trump Administration to report the court every 90 days progress of the rule making. The Court thus denied the union's motion to reschedule the hearing to decide the case as soon as possible. Accordingly, for now, the decision has given a good news, albeit temporary, for H-4 EAD stakeholders for a substantial prolonged period time.

What does this mean to immigration stakeholders? H-4 spouses have extended period of time to apply for new H-4 EADs and extension of current H-4 EAD for a while without fear of court's imminent decision against the H-4 EAD rule. Additionally, this may somewhat unload potential FY 2019 H-1B cap petition volume in that the number of H-4 EADs may keep staying in H-4 EAD instead of rushing to file change of status from H-4 to H-1B in April 1, 2018. We previously predicted that the volume of H-1B cap applications in this cap season may arise substantially because of H-4 EADs applying for change of status to H-1B in part as well as Trump Administration's plan to reform the H-1B cap seletion based in the order of the highest salary offered instead of random selection in the near future. Another factor is the growing economy and business markets.

02/21/2018: DHS Ombudsman Office Teleconference on EAD on 02/27/2018, Tuesday

USCIS official will join the teleconference to discuss EAD processing times, shed light on current operational issues, and highlight best practices. It will be one-hour teleconference from 2:00 to 3:00 p.m. (EST). Interested people should click the link above to register.

02/21/2018: USCIS March 2018 485 Filing Charts Released

Family-Based: Use "Filing Date" Chart

Employment-Based: Use "Final Action Date" Chart

02/20/2018: USCIS Today Releases Two Updated Forms: I-817 and I-824

Form I-817, Application for Family Unity Benefits, New Edition Dated 11/07/2017. Effective 04/23/2018, USCIS will only accept the 11/07/2017 edition. Until then, you can use the 12/23/2016 edition.

Form I-824, Application for Action on an Approved Application or Petition, New Edition Dated 11/01/2017. Effective 04/23/2018, USCIS will only accept the 11/01/2017 edition. Until then, you can use the 12/23/16 edition.

02/16/2018: Effective 03/17/2018, USCIS No Long Accept Power of Attorney (POA) Signature on Forms and Other Documents

USCIS has released a Final Policy Memorandum on 02/15/2018 that USCIS will no longer accept applications, petitions, and others which are signed by Powever of Attorney efective March 17, 2018. Until now, this has been permitted by an interim policy memorandom. This interim policy memorandum is overridden by the just released Final Policy Memorandum of 02/15/2018. For the details, please read the full text of the Policy Memorandum.

02/16/2018: Senate in Recess Until 02/26/2018

Senate confirmed en masse nominations for government posts and judges and went into a recess without any indication as to any agenda or plan for immigration issues before March 5, 2018 when President Trump's DACA rescission order takes effect. As we reported earlier, though, because of the federal district court injunction orders against the President's rescission order or unless higher courts overrule the lower courts decisions, the current DACAs will be able to continue their lives without the fear of deportation. Sad parts include that no new DACA applications will be available and those who failed to file extension before September 24 last year will face crisis, even though DHS may exercise discretion to delay the enforcement actions against them aggressively. Additionally, since advance paroles will not be available for the current DACAs, their lives will be affected negatively for not being able to visit their home countries and relatives overseas. We'll see what will happen after 02/26/2018.

It is hopeful that there is some development very soon. Available options include (1) the Congress passes legislation when they come back to the sessions, albeit not too promissing in the near future; (2) the President issues a new executive order to revive the DACA program with or without revisions. Under the Constitution of the United States, the President has a power of prosecutorial discretion on equity in the form of deferred action ; (3) the U.S. Court of Appeals and the Supreme Court of United States take time to review and reach decisions on the government's appeal against the lower courts preliminary injunctions until the political issues are resolved either legislatively or administratively during the next several months.

02/16/2018: USCIS Policy Memorandum of 02/15/2018 on "Exemption to the Temporary Need Requirement for H-2B Workers on Guam" Involving NDAA

This PM pertains to certain H-2B petitions requesting start dates on or after April 11, 2018, and before October 1, 2023, for an otherwise qualified H-2B worker to perform service or labor on Guam pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contract or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or directly associated with, the military realignment occurring on Guam. Under the NDAA (National Defense Authorization Act), an employer’s need for these specific types of service or labor is not required to be temporary in nature if the employment start date is on or beforeSeptember 30, 2023.

02/15/2018: Senate Failed to Pass Any Immigration Bills

There were four bills introduced in the forms of amendment, including pro-Trump four-plans bill as well as pro-Democrat proposal excluding elimination of DV lottery and chain migration from immigration system. They all failed to get 60 votes by 5:00 p.m. today. Trump plan supporting SSA (Secure and Succeed Act) bill of Sen. Grassley got only 39 yes votes. Wow!

Quo Vadis, Senators? Senate will have no "voting session" until 02/26/2018, Monday!

02/15/2018: USCIS Updates 02/15/2018 H-1B Processing Times as of 12/31/2017

Extension COS Consular Proc

CSC 10/10/2017 10/10/2017 10/10/2017

VSC 08/07/2017 04/10/2017 04/10/2017

NSC 11/01/2017 - -

02/15/2018: USCIS Updates Processing Times on 02/15/2018

See our home page.

02/15/2018: USCIS Announcement to Comply with Injunctions of Federal District Courts Against Trump's DACA Rescission

USCIS announced yesterday that the scope of the preliminary injunction issued on February 13, 2018 in the Eastern District of New York is the same as the preliminary injunction issued on January 9, 2018 in the Northern District of California. Until further notice, and unless otherwise provided in this web guidance, the DACA policy will continue to be operated on the terms in place before it was rescinded on Sept. 5, 2017. As explained in that guidance, USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.

Both court injunctions apply only to the curent DACAs, excluding any new DACA applicants. Review the current USCIS DACA implementation. What does it mean? When it comes to the current and existing DACAs, there will be no rescission of DACA program on March 5, 2018 "unless higher federal courts overrule these district courts' injunction orders!

02/15/2018: Here We Go! Senate Scheduled to Vote on Immigration Reform Bills Beginning from 10:30 A.M. (EST)

Basically confrontation between two proposals: Republican (Grassley) proposal incorporatiing Trump's all four plans (Border Security, DACA, Removal of so-called Chain Migration, and Removal of DV Lottery Program) vs. Democratic proposal limiting to the first two programs (Border Security and DACA). Trump has declared he would veto the Senate Democratic proposal.

02/14/2018: USCIS Updated Form G-1450

Update to Form G-1450, Authorization for Credit Card Transactions 02/14/2018 12:00 AM EST. New edition and separate instructions are dated 01/04/18. As we reported earlier, USCIS is expanding credit card payment of filing fees for 41 forms using this G-1450 form.

Caution. The credit card payment is available only when they are filed with Lockbox facilities!

02/14/2018: USCIS to Accept Credit Card Payment for Fees for 41 Forms Which Are Filed with Lockboxes

USCIS announced today that it will now accept credit card payments for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use Form G-1450, Authorization for Credit Card Transaction (PDF, 260 KB)s. For details, please click here.

02/14/2018: "Secure and Succeed Act" S. 2579 Bill of Six Hardline GOP Senators Introduced in the Senate

This bill is close to the Trump's immigration reform plan. DHS posted summry of this bill. Better summary is posted by the Senate Judiciary Committee. This bill is sponsored by Senate Judiciary Committee Chairman Chuck Grassley.

02/13/2018: Federal District Court Judge in New York Issued Preliminary Injunction Against President Trump & DHS Rescission of DACA

New York Law Journal reports that today, the federal judge issued preliminary injunction that applies nation-wide against DHS Secretary rescission of DACA program.

This is a very important decision when the Senate debate for DACA stalled between the Republicans and the Democrats not too long after the floor debate and DACA could have faced a nightmare in the first week of March.

02/13/2018: Senate Voted Yesterday to Debate Immigration Reform by 97:1 Vote

The debate will start today and reportedly, the President Trump demands to pass the immigration reform legislation including DACA by Thursday, 02/15/2018. It may be considered a wild dream, but the pressure is mounting on the Congress to pass immigration legislation before March 5, 2018 when the DACA program expires.

02/12/2018: March 2018 Visa Bulletin

Very depressing charts for EB Indian workers in both Final Action Date Chart and Filing Date Chart.

02/12/2018: Are You Ready for the Senate Floor Debates and Actions on Immigration Legislation This Week?

Yes, this week can be one of the most important periods for the future of immigration reform for this country as the Senate launches full-blown debates on comprehensive immigration reform legislation and DACA legislation, among others. Republicans hope to push the Trump's immigration reform plans as a bargain for DACA relief, while Democrats to push DACA legislation upfront with or without a potential compromise for comprehensive immigration reform along the line of the Democrats political platform. The debate will start shortly today. Please stay tuned.

02/09/2018: President Signed the CR as Soon as the House Passed Bill Early This Morning, Officially Reopening the Government

White House site just confirmed this, but his Twitter as reported in Breitbart indicates that he signed 05:39 a.m. this morning. Apparently, he loved the bill.

02/09/2018: House also Passed CR at About 5:30 This Morning and Government to Reopen After About Six Hours of Shutdown This Morning

This probably is one of the shortest government shutdown. What a relief.

Now wait for a potential huge legislative development on immigration reform starting from next Monday! It will be a huge relief for temporary and permanent labor certification programs for employment-based immigration stakeholders as well as another stakeholders for FY 2017 sunset immigration programs which will reopen again at least for now. The USCIS posted alert for these four programs, but just passed CR will save these sunsetting four immigrations at least until 03/23/2018.

The CR does not touch any hot-botton immigration issues such as DACA as well as comprehensive immigration reform. However, the legislative debate on the immigraion legislation is expected to ignite a fire on the Senate floor beginning from next Monday. Please stay tuned.

02/09/2018: Senate Eventually Passed CR by 71-28 Votes During the Night

The government temporarily still remains shutdown, but some progresses have been made in the Congress. After a reported concession in the CR, the Senate eventually passed the bill. The House is scheduled to vote for the Senate passed CR about 4:00 AM this morning.

Report indicates that the Senate has agreed to open a huge debate on the Senate floor on immigration reform legislation next week without any delays.

02/08/2018 11:40 PM: Government Legally Shuts Down at Midnight 12:00 P.M. (EST) Today

One time, in the Senate, there was a bi-partisan agreement to fund federal government, but when the Senate went into the session, Senator Rand Paul of KY started filibuster on the floor all the way through 11:00 PM and, report indicates that the Senate went into recess until 12:01. Accordingly, at midnight of 12:00 P.M. (EST), the federal government legally shuts down. When the Senate comes back to the session after 12:00 P.M., the Senate Majority Leader will try to vote for the bi-partisan agreement to reopen the federal government, but passage of the bill in the Senate would not easily allow reopen of the federal government since the House should also vote and the President Trump should sign it into a law. On the House side, there is another hurdle to pass the Senate bill since there are two groups of House members who oppose this bill, including the House Democratic Minority Leader and her supporters on the one side and ultra right-wing conservative Republican Freedom Caucus on the other side who also oppose the bill thus far.

02/07/2018: Alert! USCIS Considers Random Selection for H-2B Cap Numbers on 09/30/2018 (Last Day of the Second Half of FY 2018

USCIS announces today that the U.S. Department of Labor announced it will not begin releasing H-2B temporary labor certifications until Feb. 20, 2018, due to an unprecedented number of applications. As a result of this demand, USCIS may receive more H-2B nonimmigrant worker petitions than there are H-2B visas available in the second half (04/01/2018-09/30/2018) of Fiscal Year 2018. USCIS is maintaining a flexible approach to this issue, which may include randomly selecting petitions received on the final receipt date to ensure that we allocate H-2B visas fairly and do not exceed the cap. More information will be forthcoming. For more information, see Cap Count for H-2B Nonimmigrants.

02/07/2018: Here We Go! New York Times Report Confirms Our Earlier Report of Development on CR

Government shutdown cannot be taken lightly. Some people may take that it will only affect government employees and their families. That is absolutely not true. It can affect hundreds of thousnds or even more than millions of people, immigration stakeholders, disrupting their lives because of the close of the federal government offices.

02/07/2018: Immigration Issues Out of CR Compromise to Avoid Government Shutdown at Least Until 03/23/2018

Yesterday, the House passed a temporary government funding bill (CR) to keep the government temporarily opened through 03/23/2018 without including any immigration reform or DACA provisions in it. The Senate is likely to revise the House version, but in order to avoid the government shutdown, the Senate may as well take out immigration reform from the CR, to leave them as next compromise agenda during the next CR period. President Trump threatened that he wanted to see the government shutdown, should his conservative immigration reform be not part of the CR or Omnibus Appropriations bill, but he would not dare to do that since he would be the prime target of blame and attack by the nation for the government shutdown. For the reaons, this time around, Democrats also remained silent on attachment of DACA to the CR for the same reasons. It thus appears that the struggle for immigration reform legislation including DACA will for now be controlled and move to the struggle during the upcoming CR period through March 23, 2018. During the next CR period, the President Trump is likely to take over a heavy burden on DACA issue, either from legislative perspectives or administrative action perspectives.

For the sunsetting immigration programs, next CR may give a temporary relief, at least through March 23, 2018. Please stay tuned.

02/06/2018: OFLC PERM PWD and PERM Processing Times as of 01/31/2018

PERM Prevailing Wage Determination Processing Times: November 2017 (81 days)

PERM Application Processing Times:

Analyst Review (clean cut cases): August 2017

Audit cases: June 2017

Reconsideration cases: December 2017

It appears as of now, clean cases moved from August 2017 to September 2017.

02/06/2018: Effective 02/01/2018, State Department & USCIS Started Screening Family Members of Refugee Applicants in the U.S.

On Feb. 1, 2018, USCIS and the Department of State implemented new procedures to ensure that all individuals admitted as refugees receive similar, thorough vetting – whether they are principal refugees, accompanying family members, or following-to-join refugees. A following-to-join refugee is the spouse or child of a principal refugee who lives abroad and wishes to join the principal refugee in the United States. For the details, please see the USCIS announcement.

02/06/2018: Breitbart Reports There is No March 5 Deadline for DACA

Very interesting report. According to the conservatie media Breitbart report yesterday, "March 5 distinction was vaporized January 9 when a California judge decided that the government had violated regulatory procedures by quickly ending the delivery of benefits to the 680,000 illegals still in the DACA program. In response, the federal government has begun renewing the expiring work-permits, pending their appeal to the Supreme Court, which is likely to be decided by June." In fact, there is no ruling by the Supreme Court of the United States against the DACA program itself other than preliminary injunction of the federal district court in Texas against the "expanded DACA (three-year programe instead of two-year program) and DAPA program for their parents." Besides, the Trump Administration issued the decision of rescission of the original two-year DACA program based on the threat of the Attorney General of the State of Texas to seek expansion of the three-year expanded DACA program preliminary injunction to the original two-year DACA prograam in the Court. In issuing the rescission, the Trump Administration exercised discretion to extend the deadline for exising DACA program until March 5, 2018 for the existing DACA recipients. Under the circumstances, theoretically, the Trump Administration still has an authority to extend DACA program as a "prosecutorial deferred action" power of the Executive Branch under the Constitution of the United States as a part of common law rule of equity. Accordingly, it is somewhat interesting how this report of Breibart will affect the dynamics for the pending FY 2018 budget negotiations between the two parties.

02/05/2018: Do not Miss Teleconference on FY 2019 H-1B Cap Season and Filing Tips

Unconfirmed sources indicate that the USCIS planned reform of H-1B cap will not take place before the opening of this cap season on 04/01/2018. Another information indicates that unlike last year, the Premium Processing may not remain closed for H-1B cap cases almost throughout the season, albeit a short period of closing as usual for many years in the past.

The teleconference may add some more details about the cap filing this season, and H-1B cap employers and stakeholders may not miss this teleconference. For details, refer back to our report on 01/31/2018 in this site.

02/05/2018: Latest Progress of CR Negotiations to Avoid Government Shut Down on 02/09/2018 (Friday)

Report indicates that Republicans and Democrats are moving toward direction of passing another Continuing Resolution to fund the government until March 22, 2018 with the agreements on increased spending bill for defense and to work on "neutral" immigration legislation during the period of next CR. Reportedly, the road block to this movement is the Freedom Caucus of the House (Ultra Right Wing) that threatens to reject such CR if the ultra conservative immigration reform legislation is not passed as part of the another CR. Should that happen, there will be another government shut down on 02/09/2018 (Friday). The CR must be passed before Thursday because the House members are scheduled to leave the Hill for the caucus meeting. The key appears to remain in the hand of the members of House Freedom Caucus. If they want to avoid the blame for another government shutdown, President Trump and Freedom Caucus may have to agree to the ongoing concessions between the House and the Senate leaderships.

If there is no government shut down, some immigration programs that are scheduled to sunset can be extended again until 03/22/2018. Please stay tuned.

02/05/2018: Some I-601A Applications Transferred from National Benefits Center to Nebrasca Service Center

USCIS announced on 01/29/2018 that it transferred some of the I-601A Applications (Provisional Unlawful Presence Waiver) to the Nebraska Service Center:

02/02/2018: ICE Directive of 01/10/2018 on Civil Immigration Enforcement Actions Inside Courthouses

Breibart reports that ICE Director issued this "Directive" to enforce immigration enforcement inside court houses. Reportedly, this immigration law enforcement will affect Sanctuary cities.

02/02/2018: Expired and Renewal of USCIS Form of Letter-Notification of Medical Service Requirements for National Interest Waiver Physicians

This form letter of the USCIS requesting evidence to complete NIW waiver I-485 applications for physicans expired on 01/31/2018, yesterday, but the OMB cleared extension of the form letter without changes to the requirements in the form letter. Accordingly, the IMGs who filed or who intends file NIW I-140 and I-485 applications based on the HHS or Veteran Administration sponsorship may use the expired form, which will soon be published in the federal register for extension of the form letter.

02/01/2018: USCIS Customer Service Tools Scheduled Down Coming Sunday from 5:00 am to 6:00 pm (EST)

Well, it means customer tools will be not available almost whole day.

02/01/2018: Reportedly, President Trump Suggested Today to the Republican Lawmakers to Delay in Pushing for Immigration Reform Debate Now

Breitbart reports that in today's Republican meeting in Virginia, President Trump suggested to delay immigration debate rather than push it now. President Trump must have arrived at a conclution that pushing the far-right comprehensive immigration reform legislation now is not for the interest of the Republican party to win the November 2018 midterm national election. Delay until later before the election would rather help for the party in the November election, the President thought. Why?

As we wrote earlier, pushing far-right immigration reform would not be in the best interest since it may cause another government shut-down, and unlike previous government shut-down, the President Trump could be blamed for government shut-down for pushing the far right immigration reform as the cause for the government shutdown. Let see what happens next week.

02/01/2018: Approaching FY-2019 H-1B Cap Petition Season (04/01/2018) and USCIS to Revise I-907 Premium Processing Request Form Soon

Attorneys filing I-907 form must have been confused with Part I of the form requesting the information about the "Requestor" including name and address. Requestor means what? Employer or Attorney? Obviously, the USCIS has been receiving I-907 with confusing answers. USCIS is revising Part 1 of the Form I-907 with some enhancements. For instance, the revised form may explain more clearly that "company name and contact" refers only to the company or organization named in a related case; e.g., a petitioning employer and not legal representative. Lawyers should complete the "Preparer" section in the form. The form Another enhancement is the addition of a Part 5 Name, Contact Information, Declaration, and Signature of the Person Preparing this Request, If Other Than the Requestor which requests all relevant information regarding an attorney or other accredited representative who prepares a Form I-907 on behalf of the person filing the request. USCIS is confident these changes will improve the efficiency in filing and processing Form I-907.

USCIS submitted the revised I-907 form to the OMB yesterday, and it is likely that the revised form may be published before the start of the FY 2019 H-1B cap season. One good news is that the USCIS rejected a comentor's suggestion to increase the fee to $5,000! Good for you, USCIS!

01/31/2018: USCIS Teleconference on Upcoming H-1B Cap Filing Tips on Tuesday, 03/06/2018, 1:00-2:00 PM (EST)

USCIS hosts a teleconference on the upcoming H-1B cap filing period, giving helpful filing tips and answering questions by the Service Center Directore on Tuesday, March 6, 2018, from 1 - 2 p.m. EST.

To register, please follow these steps:
" Visit our registration page
" Enter your email address and select "Submit"
" Select "Subscriber Preferences"
" Select the "Event Registration" tab
" Provide your full name and organization, if any
" Complete the questions and select "Submit"

We advise the participants not to keep saying "Hello, Can You Hear Me?" or "Thank You For........." which is usually taken annoying to other participants and causing waste of time.

01/31/2018: USCIS Asylum Interview Schedules: Give Interview Priority to the Most Recently Filed Affirmative Asylum Applications

Starting January 29, 2018, the Asylum Division have been giving priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. USCIS indicates that the INS in old days first established this interview scheduling approach as part of asylum reforms implemented in January 1995. This approach was in place until December 2014. The aim is to deter individuals from using asylum backlogs solely to obtain employment authorization by filing frivolous, fraudulent or otherwise non-meritorious asylum applications.

Giving priority to recent filings allows USCIS to promptly place such individuals into removal proceedings, which reduces the incentive to file for asylum solely to obtain employment authorization. This approach also allows USCIS to decide qualified applications in a more efficient manner. USCIS will now schedule asylum interviews in the following order of priority:
(1) First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
(2) Second priority: Applications that have been pending 21 days or less.
(3) Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.

Sounds very odd, but they have a purpose to achieve. Read on.

01/31/2018: President Trump State of the Union Address Demanding Merit-Based Comprehensive Immigration Reform Legislation

It appears that the country generally agrees that the country's aged-old immigration systems should be reformed, considering the change of the world and the country in a cyber age demanding merit-based immigrants. In fact, the Senate passed a few years ago a comprehensive immigration reform Act, S. 744, incorporating this concept of merit-based immigration reform. Unfortunately, the House rejected and did not even put the Senate bill on the floor, leading to the death of the bill.

Politico reports that after the President's SOTU address, it was a general consensus that there was no objection to the immigration reform based on merit system, but legislators, including Republicans, revealed that the President reform proposal which reflect's Senator Tom Cotton's RAISE Act would not be acceptable, not because of the merit-based immigration reform but because of Sen. Tom Cotton's bill to use merit-based reform to cut off annual total immigration to about 40% during the first year after the legislation being enacted. Democrats themselves also generally admit that the country's immigration laws should be reformed with introduction of merit-based immigration as an important part of the new immigration system, but object to reducing total immigration numbers to about a half of current immigration system.

It thus appears that unless this difference can be compromised between the Republicans and the Democrats, DACA relief is likely to face a jeopardy and the country may face another government shut-down. The workable compromise would keep the family-based immigration system as it is, albeit in reduced numbers, and reform employment-based immigration system drastically, removing per country limit and allocating more numbers for employment-based immigration. It is stunning and embarrassing to learn that the white supremacist David Duke praised the President's immigration reform plan in the SOTU, obviously not because of merit-based reform per se, but because of the drastic cut-off of total immigrant numbers, especially immigrants of color, as the ultimate goal of the immigration reform.

Anta Assamey

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	Extension	COS	Consular Proc
CSC	10/10/2017	10/10/2017	10/10/2017
VSC	08/07/2017	04/10/2017	04/10/2017
NSC	11/01/2017	-	-