Archive

The Department of State has released the September Visa Bulletin. You can access the copy of the Visa Bulletin on the Department of State website here.

The Department of State has released the August 2020 Visa Bulletin. You can access the copy of the Visa Bulletin on the Department of State website here.

On July 18, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

On March 19, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act.

This provision only applies to employers and workplaces that are operating remotely. See the original news release for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

This temporary guidance was set to expire July 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days. These accommodations are now set to expire on August 19, 2020.

ICE also announced that after July 19 no additional extensions will be granted to employers who were served notices of inspection (NOIs) by ICE during the month of March 2020.

Employers must monitor the DHS and ICE websites for additional updates about when the extensions end and normal operations resume. E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see COVID-19 webpage for more information.

The Department of State has released the July 2020 Visa Bulletin. You can access the copy of the Visa Bulletin on the Department of State website here.

7月6日，国土安全部发布通知，在今年秋季学期，如果留学生完全上网课，将无法保持在美合法学生身份，也无法获得学生签证以及入境许可。[i]

The Department of State has released the June 2020 Visa Bulletin. You can access the copy of the Visa Bulletin on the Department of State website here.

6月22日，川普总统签发了第二轮移民禁令，除了延长上一轮移民禁令到年底（2020年12月31日）以外，还针对了一部分工作签证的人。

在行政命令发布后，宋和孟律师事务所接到了大家的大量询问。首先，澄清一个概念，这次的禁令，禁的是国务院通过领事馆签发的“签证”（visa），不是向移民局递交的“申请”(petition/application)。

U.S. Citizenship and Immigration Services announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in the following phases over the next month:

June 1, 2020 – USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

June 8, 2020 – USCIS will accept premium processing requests for:

• H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations).
• All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

June 15, 2020 – USCIS plans on resuming premium processing for:

• H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8) and are exempt from the cap because:
  • The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or
  • The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

June 22, 2020 – USCIS plans on resuming premium processing for all other Form I-129 petitions, including:

• All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s.
• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 concurrently with their I-129.

If you choose to request the premium processing service, USCIS will guarantee a 15-day processing time. If USCIS does not take certain adjudicative actions within the 15‑calendar day processing time, USCIS will refund the premium processing service fee and will continue with the expedited processing of the petition.

If you have any questions regarding the premium processing service, please feel free to contact our firm.

Updated 06/02/2020

5月29日，川普发布重磅消息，禁止支持“军民融合战略”（military-civil fusion strategy）的中国留学生持F、J签证赴美深造学习。[i]

该规定于2020年6月1日起生效，没有具体结束时间，等到总统撤回才失效。

The Department of State has released the May 2020 Visa Bulletin. You can access the copy of the Visa Bulletin on the Department of State website here.