• EB-3 cut-off dates advance across the board — ranging from 1 week to over 7 months (CHINA – mainland born).

• EB-2 for mainland China also moved forward by 1.5 months, while still no movement for EB-2 India — stuck at September 1, 2004.

"The Employment-based Third preference category cut-off date for most countries has advanced significantly.  This has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months.  The rapid movement of cut-off dates is often followed months later by a dramatic increase in demand for numbers.  Once such demand begins to materialize the cut-off date movements will begin to slow or stop."  

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USCIS reminds applicants to make sure that they submit the required initial evidence when filing Form I-539 by mail or online.

For applicants who are currently holding B-2 status and are seeking to extend their stay, USCIS stresses out the importance of submitting the following documents as initial evidence:

 • The original I-94, Arrival-Departure Record, or a front and back copy;
 • A copy of applicant's passport; and 
 • A statement explaining why the applicant is requesting an extension of stay in the United States.

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UPDATE (Practice Pointer): While USCIS' FORMS website indicates that "older forms dated 02/02/09 and 08/07/09 will be accepted until May 7, 2013. After May 7, 2013, only the 03/08/13 will be accepted," (as we posted earlier) today's USCIS Federal Register notice clarifies that employers may no longer use prior versions of the Form I-9 beginning May 7, 2013.

UPDATE 2 (04/11/2013): USCIS' FORMS website was updated to reflect: Beginning May 7, 2013, only the 03/08/13 will be accepted.

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"USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing."

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In addition to the standard biometric data requirement for applicants and petitioners requesting immigration benefits, USCIS will take another set of fingerprints and photograph that will be uploaded to the US-VISIT's (United States Visitor and Immigrant Status Indicator Technology) Secondary Inspection Tool (SIT). Note that this applies only to individuals seeking immigration benefit(s). It does not include infopass appointments, nor does it apply to guest of an applicant or petitioner.

"Under this new process, staff will take two fingerprints and a photograph of the individual and input this information into the United States Visitor and Immigrant Status Indicator Technology’s (US-VISIT’s) Secondary Inspections Tool (SIT). SIT is a Web-based application that processes, displays and retrieves biometric and biographic data. US-VISIT also links databases associated with border inspections and security. After identity verification is satisfactorily completed, individuals will proceed to their interviews or be issued their immigration documents."

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Effect of CBP's I-94 Automation Program on the I-9 Verification Process

Despite the automation of Form I-94, "USCIS will continue to require applicants to submit a paper copy of Form I-94 when requesting certain benefits.  Other government agencies, such as State Departments of Motor Vehicles (DMVs), also require a paper copy of Form I-94."

However, "nonimmigrants who are authorized to work may present a paper copy of Form I-94 to their employers during the employment eligibility verification (Form I-9) process."

#updates #immigrationupdates