November 2, 2018

Published on November 2, 2018 The Department of Homeland Security seeks to include a Proposed Rule on Public Charge and inadmissibility. The rule would define public charge pursuant to 8 C.F.R. § 214.1(a)(3)(iv) and result in the exclusion of nonimmigrants seeking to adjust status who are “likely at any time to become a public charge” as determined by the USCIS examiner. Factors for determination include the applicant’s age, health, family status, assets, resources, financial status, education, and skills. The new

Published on November 2, 2018 Other than significant movement for EB-2 China, the November Visa Bulletin remains largely consistent with the October Visa Bulletin. Continuing USCIS’s announcement in October, the Service is accepting I-485 adjustment of status applications based on filing dates. However, the application’s priority date must be current at the time of the examination before USCIS will make a determination on the petition application. EB-1 Worldwide, China, and India remains consistently backlogged as of the August Visa Bulletin.

Published on November 2, 2018 The Department of Homeland Security (DHS) has released its 2018 regulatory agenda in October, and the proposed rule to remove the H-4 EAD program is likely set to be published for public comment in November 2018. In September 2018, DHS notified the court in the case of Save Jobs USA v. DHS, a lawsuit brought by a group of U.S. technology workers who are challenging the H-4 EAD program, that the agency intends to proceed

Published on November 2, 2018 The United States Citizenship and Immigration Services (USCIS) is planning on publishing a proposed rule to amend the current H-1B cap lottery process. Although the language of the proposal has not been published at this time, it is anticipated that the proposal would require H-1B petitioners to pre-register for the H-1B cap lottery and wait to submit the complete H-1B petitions with supporting documents until they have been selected in the cap lottery. According to