Thursday, December 31, 2015

DHS Seeks Additional Extension for STEM OPT Rule Beyond Feb. 12, 2016

From GreenbergTraurig, 12/31/2015

In August 2015, the U.S. District Court for the District of Columbia determined that the Department of Homeland Security (DHS) improperly promulgated the regulation allowing the 17-month STEM extension for optional practical training (OPT) because the regulation was not subject to notice and comment rulemaking, which requires DHS to consider public comments before making the regulation final. However, the judge did rule to keep the STEM OPT regulation in place through Feb. 12, 2016, during which time DHS was to submit the regulation for notice and comment by the public and interested stakeholders. The regulation was kept in place so that the students utilizing a STEM extension would not be forced to leave the country or left without work authorization.
On Oct. 19, 2015, DHS issued the long-awaited notice of proposed rulemaking (NPRM) to amend the F-1 OPT regulation to allow for an additional 24 months of optional practical training if the student has earned a degree in science, technology, engineering or mathematics (STEM).  A significant amount of changes were proposed in the new regulation, including how STEM fields are defined, the requirement of a Mentoring and Training Plan, additional safeguards for U.S. workers in related fields, school accreditation and employer site visits, and compliance requirements.
As a result of the Oct. 19, 2015, NPRM, DHS received over 50,500 comments from interested stakeholders. Last week, the agency asked the U.S. District Court to prolong the stay through May 10, 2016, to keep the STEM regulation in place to allow additional time for it to review the overwhelming amount of comments received. DHS also stated that it needs additional time to train officers on the new STEM OPT requirements.
If the District Court vacates the original 2008 OPT extension rule allowing for the STEM extension before DHS publishes the final regulation, F-1 students seeking a STEM extension will be prevented from doing so during any gap between Feb. 12, 2016, and the time the new rule is published. 
We will continue to monitor the progress of the NPRM and provide updates as they become available.

Tuesday, December 15, 2015

January 2016 Visa Bulletin

China EB-2 advances 8 months
China EB-2 Adjustment of Status Advances 12 moths
India EB-2 Adjustment of Status Advances 24 months


Chart A: Application Final Action Dates for Employment-Based Preference Cases*


All Charge (ability areas except those listed) 
China (mainland born) 
India 
Mexico 
Philippines 
EB-1 
Current
Current
Current
Current
Current
EB-2 
Current
02/01/2012
02/01/2008
Current
Current
EB-3
10/01/2015
07/01/2012
05/15/2004
10/01/2015
11/01/2007
Other Workers
10/01/2015
12/01/2006
05/15/2004
10/01/2015
11/01/2007
EB-4
Current
Current
Current
Current
Current
Certain Religious Workers
Unauthorized
Unauthorized
Unauthorized
Unauthorized
Unauthorized
EB-5 Non-Regional Center
Current
01/08/2014
Current
Current
Current
EB-5 Regional Center
Unauthorized
Unauthorized
Unauthorized
Unauthorized
Unauthorized


Chart B: Dates for Filing Employment-Based Adjustment of Status Applications**


All Charge (ability areas except those listed) 
China (mainland born) 
India 
Mexico 
Philippines 
EB-1 
Current
Current
Current
Current
Current
EB-2 
Current
01/01/2013
07/01/2009
Current
Current
EB-3
01/01/2016
10/01/2013
07/01/2005
01/01/2016
01/01/2010
Other Workers
01/01/2016
01/01/2007
07/01/2005
01/01/2016
01/01/2010
EB-4
Current
Current
Current
Current
Current
Certain Religious Workers
Current
Current
Current
Current
Current
EB-5 Non-Regional Center
Current
05/01/2015
Current
Current
Current
EB-5 Regional Center
Current
05/01/2015
Current
Current
Current



Advanced from previous month 

Retrogressed from previous month 

*Green card numbers are available for foreign nationals for whom PERM or I-140 applications were filed prior to the listed date on Chart A.

** Foreign nationals for whom PERM or I-140 applications were filed prior to the listed date on Chart B can file adjustment of status and concurrent applications.



Wednesday, December 9, 2015

USCIS Launches Virtual Assistant

Emma Gives Customers Another Option for Finding Answers

U.S. Citizenship and Immigration Services launched a virtual assistant named “Emma” today on uscis.gov, allowing customers to quickly find accurate information. She answers questions in plain English and navigates users to relevant USCIS web pages.

She is named after Emma Lazarus, whose famous words are inscribed at the base of the Statue of Liberty.

Emma was developed in response to a growing interest in self-help tools and to enhance our customer service. USCIS call centers currently receive many questions concerning general information requests that can be provided through the Web. Now Emma will help provide that information.

Although Emma can currently answer many questions our customers commonly ask, her knowledge base is still growing. As customers ask more questions, Emma gets smarter and can better assist future customers.

You can access Emma on a desktop or laptop. Soon, she’ll be expanding to mobile devices, and her Spanish language capabilities will be arriving early next year.


Check out Emma at USCIS.gov and click “Ask a Question” in the upper right-hand corner of the page.