San Francisco Immigration Law Blog

The Foreign Affairs Manual states the dependent of a principal in the US in a Non-immigrant visa (NIV) status may obtain the NI Visa as long as the principal maintains the status in the U.S. 9 FAM 402.1-6 ISSUANCE OF NONIMMIGRANT VISAS (NIV) TO SPOUSES AND/OR CHILDREN WHEN PRINCIPAL IS IN STATUS BUT HAS NO VISA. Derivative beneficiaries are entitled

  Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. There are no substantive changes to the policy or content of the form, and the online version has parity with the questions and

POLICY ALERT – Biometrics Requirements for Naturalization July 26, 2017 https://www.uscis.gov/policymanual/HTML/PolicyManual-Updates.html ​U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions.

USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately; July 24, 2017. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree

Arrival/Departure Forms: I-94 and I-94W Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal-visitor status-to employers, schools/universities or government agencies-can access their CBP arrival/departure record information online. CBP now gathers

Executive Order 13780 Travel Ban Close Family Member Update July 13, 2017 The Department of State (DOS) updated the FAQ on the its Announcement Page regarding the Travel Ban after the U.S. District Court for the District of Hawaii overturned the DOS and DHS FAQs noted below and concluded that the travel ban cannot be enforced against: • Grandparents, grandchildren,

USCIS will release the latest Form I-9, Employment Eligibility Verification, on July 17. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and

USCIS will change the language on the notice to clarify that status is extended for one year from the date of expiration of the card. This change will be effective with notices issued on or after 6/22/2017. Since 8 CFR §216.4(a)(1) provides that the filing of an I-751 extends the underlying permanent resident status until the I-751 is adjudicated. I-797

Nebraska Service Center (NSC) in our conference call this morning 13July2017, NSC confirmed that H4 status must be approved before an EAD may be extended. There is no automatic employment authorization granted by the timely filing of H4 and EAD extension requests within the current H4 and EAD validity dates. Further, there were a number of H1B extensions filed with

EB2 World Wide Green Card Issuance Delayed The August 2017 Visa Bulletin posted by the Department Of State shows oversubscription of ALL employment-based second preference categories. WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES Employment-based Second (EB2) Preference category: High demand for numbers for USCIS adjustment of status applicants has required the establishment of a Final Action Date for August.