Recent Trump Administration Memo Targets Nations with High Rates of Visa Overstays
April 23, 2019

Update: President Donald Trump issued a memorandum on Monday, April 22 that aims to force compliance from countries whose nationals consistently overstay valid travel and business visas. Per a 2018 report by the Department of Homeland Security (DHS), the countries that fall into this category are mostly ...

EU and UK Leaders Agree to New Brexit Deadlines
April 12, 2019

Update: Leaders in the European Union and the United Kingdom have agreed to extend the deadline for leaving the EU. As it currently stands, there are now two possible deadlines: June 1, if Parliament doesn’t agree to participate in EU Parliament elections in late May. October 31, ...

USCIS Announces Completion of H-1B Cap Random Selection Process & Reaches Advanced Degree Exemption Cap
April 11, 2019

Update: At 6:10 pm EST on April 11, 2019, the USCIS announced that they have completed the H-1B Cap random selection process and have also determined that it has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption ...

USCIS Announces H-1B FY2020 Cap Met
April 6, 2019

Update: At 5:37 pm EST, the USCIS announced that they have received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if they have received a sufficient number of ...

EU & UK Update: Brexit
April 2, 2019

On March 29, 2019, the UK Parliament once again voted against the Brexit Deal put forward by Prime Minister Theresa May. As previously negotiated, the Brexit date was automatically extended to April 12, 2019. The UK Parliament will continue to debate Deal-scenarios that can be put ...

Brexit Update: Delay approved by the EU; Three options now await a decision by Parliament
March 22, 2019

Update: On March 21, the European Union (EU) member states approved extending the deadline for the United Kingdom’s exit. There are now two possible dates, and three options available that depend on the UK Parliament's next steps. The BBC infographic below explains the current situation: If Parliament agrees ...

Update: USCIS Announces Premium Processing will be available for FY2020 CAP-Subject H-1B Petitions in a Two-Phased Approach
March 20, 2019

Update: USCIS announced earlier today that Premium Processing willbe available for FY2020 cap-subject H-1B petitions in a two-phased approach Phase 1: Starting April 1, 2019, only FY2020 cap-subject H-1B petitions requesting a change of status can concurrently request premium processing (“Group 1”). However, premium processing for these petitions will not begin ...

Brexit Update: Outcome of Two Days of Parliamentary Debate and Voting
March 14, 2019

Update: Today, the UK’s Parliament agreed to ask the European Union (EU) for a delay in exiting the EU by a vote of 412 to 202. This followed yesterday's vote when Parliament voted to reject a no-deal Brexit. This vote did not change the date of Brexit, ...

April 2019 Visa Bulletin Released
March 14, 2019

The U.S. Department of State (DOS) released today the April 2019 Visa Bulletin. The April 2019 visa bulletin sees minimal advances in the EB-1 categories for the Final Action Chart (Chart A) and continues to apply cut-off dates to these categories. The Final Action Chart for ...

Premium Processing Resumes for ALL H-1B Cases
March 12, 2019

Update: Starting Tuesday, March 12, premium processing will again be available for all H-1B petitions. This encompasses all H-1B petitions including change of employer petitions, amendments, extensions, and, as of now, H-1B FY2020 CAP petitions. More changes possible in coming weeks and months: EIG will continue to monitor H-1B ...

H-4 EAD Rule Moving Forward, But Still in Early Stages
February 27, 2019

The Proposed Rule is With the White House OMB for Review Update: On February 20, 2019, DHS submitted the H-4 EAD Rule removal to the White House Office of Management and Budget for review. In the Federal Rule Making Process this is an early step (see image below) which can ...

Premium Processing Resumes for More H-1B Cases
February 16, 2019

Update: Starting Tuesday, February 19, premium processing will again be available for all H-1B petitions filed on or before December 21, 2018.  This includes all change of employer petitions, amendments, and extensions filed through that date. imple extensions of H-1B status without changes in employment remain eligible for Premium ...

March 2019 Visa Bulletin Released
February 15, 2019

Consistent with our observations from last month, the March 2019 visa bulletin sees minimal advances in the EB-1 categories for the Final Action Chart (Chart A) and continues to apply cut-off dates to these categories. Furthermore, as reported last month, in the Final Action Chart the ...

UPDATE - AILA Finds that USCIS Processing Times are at “Crisis Levels”
February 14, 2019

As a result of AILA’s report on long-delayed USCIS processing times, 86 Members of Congress, led by Rep. Jesús Garcia (D-Ill.), have signed a letter addressed to the USCIS Director, Francis Cissna expressing their concerns over these delays and requesting insight into any contributing factors. Specifically, they are requesting ...

CAP Order Reversed, Effective April 1, 2019
January 30, 2019

USCIS has confirmed that, effective April 1, 2019, it will reverse the order of selection for H-1B cap lottery to benefit individuals with a master’s or higher degree from a U.S. institution of higher education.  Going forward, USCIS will pick petitions to fill the Regular Cap H-1B before running a second lottery to fill the ...

Premium Processing Resumes for FY2019 H-1B CAP Cases
January 26, 2019

Update: Starting Monday, January 28, premium processing will become available for pending FY2019 H-1B CAP cases. Premium Processing requests can be submitted for cases currently pending USCIS action. Petitioners who have received an RFE can submit a request for premium processing along with the RFE response. Simple extensions of H-1B ...

Brexit Deal Rejected by UK Parliament
January 16, 2019

Today, the UK Parliament voted by a margin of 432-202 to reject Prime Minister Theresa May’s Brexit deal with the EU. The result of the vote throws the entire future of Brexit back into uncertainty, with the future of the state of relations between the UK and ...

February 2019 Visa Bulletin Released
January 11, 2019

Very few changes are observed in the February visa bulletin from the previous month's publication. The EB-1 categories for the final action chart continue to have cut-off dates, and based on the Department of State's predictions in Section E of the visa bulletin, these categories ...

Government Shutdown Alert
December 23, 2018

On Saturday, December 22 at 12:01 am, a partial government shutdown went into effect.  While the U.S. Department of Labor and the U.S. Citizenship and Immigration Services remain unaffected by the shutdown, the U.S. Department of State and the E-Verify program will be impacted. What does ...

The Dispatch: Special Edition, Government Shutdown
December 20, 2018

Update on the Potential Government Shutdown. Today, Senate Majority Leader Mitch McConnell introduced a short-term spending bill designed to fund the government through February 8, 2019. The proposed bill, if made law, will avert a shutdown that would otherwise potentially go into effect at midnight on December 21, 2018. This bill ...

CBP Advises Visa Waiver Program Travelers to Apply for ESTA 72 Hours in Advance
December 17, 2018

Update: U.S. Customs and Border Protection (CBP) has announced that real-time approvals for the Electronic System for Travel Authorization (ESTA) will no longer be available. Travelers to the U.S. from Visa Waiver Program (VWP) countries who do not already have valid ESTA authorization are now advised to apply at least ...

January 2019 Visa Bulletin Released
December 13, 2018

The U.S. Department of State (DOS) released the January 2019 Visa Bulletin today. The January visa bulletin sees little advances in certain categories, while others remain unchanged. Contrary to our previous predictions, the EB-1 categories continue to have a cut-off date in January with no mention from ...

USCIS Changes to H-1B Cap: New Year, New Proposals, Part 1
December 13, 2018

Erickson Immigration Group attorneys Justin Parsons, Jeff Quilhot, and Hiba Anver hosted a webinar on the latest proposal to modify the H-1B Cap program. The main points of the proposed changes include requiring petitioners to register electronically and reversing the order in which lottery selections are ...

UK | EU Leaders Approve Britain’s Brexit Deal
December 3, 2018

European Union leaders officially approved Britain’s separation–their Brexit—from the EU on Sunday, November 25. For Brexit to be finalized, the U.K. Parliament will have to vote to approve. Prime Minister Theresa May of Britain is pushing to have Brexit voted on before Parliament recesses on ...

Streamlined H-1B lottery process proposal announced by USCIS HQ
December 1, 2018

Update: Friday, November 30, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that proposed two main changes to the H-1B cap process: (1) it would require petitioners to electronically register H-1B cap-subject beneficiaries with U.S. Citizenship and Immigration Services (USCIS) during ...

December 2018 Visa Bulletin Released
November 13, 2018

The U.S. Department of State (DOS) released the December 2018 Visa Bulletin just moments ago. The December visa bulletin sees small advances in certain categories, while others remain unchanged. Most notably, both the EB-3 China and EB-3 India categories have jumped ahead of their EB-2 counterparts in ...

Easier Said Than Done - Recent Policy Positions Unlikely to Become Law of the Land
November 1, 2018

Update: In recent days, President Trump has spoken publicly about two immigration policy positions - a desire to end birthright citizenship, and a desire to increase enforcement against asylum seekers. In both cases, the President's statements have been short on details, focusing on the outcomes he ...

H4 Changes not expected to take effect this year
October 19, 2018

Update: According to EIG's sources in DC, the H-4 EAD rule is still being drafted. The anticipated timeline announced in September has not changed. There's been a lot of confusion caused by various media reports, including most recently one news outlet that initially indicated the rule may take effect this year ...

USCIS Chief Hints H-1B CAP Process May Be Simplified for FY2020
October 17, 2018

Streamlined lottery process proposal in development at USCIS HQ Update: In an interview with Bloomberg Law, USCIS Director L. Francis Cissna addressed potential improvements to the H-1B CAP lottery process currently being discussed at USCIS headquarters. The proposal currently being developed could include a pre-registration/pre-selection process potentially easing the ...

November 2018 Visa Bulletin Released
October 11, 2018

The U.S. Department of State (DOS) released the November 2018 Visa Bulletin just moments ago. In this month's visa bulletin, little to no changes are observed. As previously reported based on the DOS's predictions, the EB-1 retrogression for all countries is expected to last longer than normal this year ...