Hunton Immigration Law Blog

Information on US Immigration Law Relevant to Employers & Employees

The US Department of Labor (USDOL) has published its statistics for fiscal year 2018, which ended on September 30, 2018. The USDOL certified the majority of the 119,776 labor certification (PERM) applications processed in the last fiscal year. Of the 24,052 applications still in process with the USDOL as of the end of the fiscal year, 64% were still in analyst review and 25% were in audit review. The majority of PERM applications were for:…
UPDATE: In November, USCIS will accept EB I-485 applications based on the Department of State’s Dates for Filing chart. The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the November Visa Bulletin, including Final Action Dates and changes…
On October 3, 2018, California U.S. District Judge Edward Chen granted a preliminary injunction in the case of Ramos v. Nielsen, preventing the Department of Homeland Security from terminating Temporary Protected Status for El Salvador (scheduled to end on 9/9/19), Haiti (7/22/19), Nicaragua (1/5/19), and Sudan (11/2/18).  The injunction remains in place until the Court lifts it or the lawsuit ends.…
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the October Visa Bulletin, including Final Action Dates and changes from the previous month: China: EB-1 jumps forward more than four years to June 1, 2016, EB-2 rebounds to April…
Earlier this year, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply for new EADs valid through the termination date. Because the USCIS has been unable to process EAD extension applications in…
The United States Citizenship and Immigration Services (“USCIS”) has announced that the suspension of premium processing for FY2019 H‑1B cap cases, announced on March 21, 2018, has been extended until possibly February 2019. USCIS also announced that effective September 11, 2018, premium processing will be suspended for H‑1B cases filed at the Vermont and California Service Centers, except for: H-1B petitions filed by cap-exempt petitioners or by petitioners who will be employing beneficiaries at qualifying…
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the September Visa Bulletin, including Final Action Dates and changes from the previous month: China: EB-1 remains stalled at January 1, 2012, EB-2 retrogresses to January 1, 2013, and EB-3…
The New York Times features Suzan Kern in an interview with María, a woman who was sexually assaulted by a Corrections Corporation of America guard while under the custody of ICE, following her release on bond from the Hutto detention center in Texas. CCA violated the terms of its contract with ICE, which mandated that female detainees be transferred with at least one female guard. Instead, CCA’s male guard, Donald Dunn, who assaulted María, transported…
On June 28, 2018, U.S. Citizenship and Immigration Services issued a policy memo telling adjudicators when they are required to issue Notices To Appear after denying or while processing a petition or application for benefits.  The NTA is the charging document that, once filed with the Executive Office for Immigration Review (a branch of the U.S. Department of Justice), puts an individual into formal removal proceedings before an immigration judge. Except in certain, very limited…
U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2019 H-1B lottery.  Employers who filed petitions should now have received either a Form I-797 receipt notice with assigned receipt number, or the original rejected petition including filing fees.  USCIS will take inquiries if employers believe they filed during the required period – April 2 to April 6, 2018 – and…