Changes to Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker
Form I-129 is filed at the California Service Center (CSC), the Vermont Service Center (VSC), or the Nebraska Service Center (NSC). The filing location depends on the requested nonimmigrant classification, requested action and the location of the temporary employment or training.
Some specific requested nonimmigrant classifications and requested actions are filed at one particular Service Center, regardless of where the company or organization’s primary office is located or where the beneficiary is or will be employed or trained.
Please refer to the I-129 Nonimmigrant Classification Chart with Filing Locations for information regarding your specific requested nonimmigrant classification and requested action. Some of the filing locations have recently changed.
Please note that H-1B extension petitions for the same employer without change should now be sent to the NSC. Cap exemption petitions should continue to be filed at the CSC.
Report on 2015 State Immigration Laws Released
The National Conference of State Legislatures has released its report on 2015 state immigration laws. Throughout 2015, state lawmakers addressed a wide range of immigration issues. Immigration related legislation increased by 26% with 216 laws enacted. The number of resolutions passed was 274, a dramatic increase compared to 2014’s 117 resolutions.
The policies cover a wide range of issues including education, identification documents, employment, voting, public benefits, licensing, health, human trafficking, law enforcement, and refugees. Additionally, 29 states and Puerto Rico adopted resolutions and 3 states created task forces to investigate other problems that might need to be addressed.
Regarding education, lawmakers in 16 states and Puerto Rico enacted 31 laws. Most of the laws addressed immigration and residency requirements for access to higher education, tuition, or financial assistance at educational institutions. In addition, some of the laws addressed licensing for teachers, classes for refugees, ESL classes, and classes on immigration. Seven states also added portions of the federal naturalization exam to high school civics curricula and testing requirements.
In the area of licensing, lawmakers in 18 states enacted 22 laws. The laws addressed many topics including driver’s licenses, firearm permits, and professional licenses. In Illinois, DACA recipients who have work authorization can now legally practice law. In Wyoming, bar applicants are no longer required to be U.S. citizens. Nebraska passed a law allowing DACA recipients to receive driver’s licenses.
To read the full report, please click here.
Temporary Protected Status (TPS) Extended for El Salvador
The Secretary of Homeland Security has extended TPS for eligible nationals of El Salvador for an additional 18 months, effective September 10, 2016, through March 9, 2018. This extension also applies to individuals who last habitually resided in El Salvador but who aren’t nationals.
Current TPS El Salvador beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from July 8, 2016, through September 6, 2016.
The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 9, 2018.
USCIS recognizes that some re-registrants may not receive their new EAD until after their current work permit expires. Therefore, USCIS is automatically extending current TPS El Salvador EADs with a September 9, 2016 expiration date for six months. These existing EADs are now valid through March 9, 2017.
For more information, including re-registration instructions, please click here.
USCIS Returns Unselected Fiscal Year 2017 H-1B Cap Subject Petitions
On July 8, 2016, USCIS announced that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected through the random selection process.
If you submitted an H-1B cap-subject petition between April 1 and April 7, 2016 and have not received a receipt notice or a returned petition by July 22, 2016, please contact USCIS for assistance.
EB-4 Visa Limits Reached for Special Immigrants from India
Beginning August 1, 2016, applicants from India who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.
India has reached its EB-4 visa limit for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 will appear in the Department of State’s October Visa Bulletin, which will be published this September.
Petitioners from any country, including India, may continue to file Form I-360. There is no annual limit on the number of Form I-360 petitions that USCIS may approve.
USCIS will accept submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until July 31, 2016, and will continue to adjudicate applications while visas remain available.
For more information, 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.