The CW-1 Cap for Fiscal Year 2017 Has Been Reached
At the end of October, USCIS announced that it had received enough petitions to reach the mandated cap of 12,998 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for fiscal year 2017 (FY2017).
USCIS will reject CW-1 petitions received on or after October 15, 2016 if they request an employment start date before October 1, 2017. This includes CW-1 petitions for extensions of stay that are subject to the CW-1 cap. If your application is rejected, filing fees will be returned to you.
If an extension petition is rejected, the beneficiaries are not permitted to work beyond the validity period of the previously approved petition. Affected beneficiaries must depart the Commonwealth of the Northern Mariana Islands (CNMI) within 10 days after the CW-1 validity period has expired.
For more information, please click here.
Changes to PERM Notification Process
Beginning December 1, 2016 all PERM notifications will be issued electronically. This will ensure that PERM stakeholders receive ETA Form 9098 application determination notifications in a timely, cost-effective manner without unnecessary delays. Specifically, the following notifications will be issued electronically: Audit Notification Letters, Denial Notification Letters, Requests for Information Letters, Additional Audit Information Requests, Withdrawal Letters, and Notices of Decisions from Appeals.
Please note that PERM certifications will still be sent by regular mail due to the certification’s security paper requirements.
For more information, please click here.
USCIS Policy Manual Updated to Provide Guidance on Health-Related Grounds of Inadmissibility
USCIS updated its Policy Manual to provide guidance regarding health-related grounds of inadmissibility. The updates are effective November 2, 2016. Here are some of the policy highlights:
- Updates the definition of a Class A condition, to include failure to present documentation of having received vaccinations against vaccine preventable diseases.
- Updates the definition of a Class B condition to “health conditions, diseases, or disability serious in degree or permanent in nature.”
- Updates the definition of physical and mental disorders with associated harmful behavior and the definition of drug abuse and drug addiction.
- Removes three medical conditions from the list of communicable diseases that would render an applicant inadmissible.
To view the full policy, 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.