The U.S. Department of Homeland Security (DHS) issued the final rule on January 30, 2018 for H1B cap-subject petitions. The changes will likely result in an increase in the percentage of foreign nationals selected in the lottery who have advanced degrees from U.S. universities. The rule also calls for the creation of a registration system for employers planning to file cap-subject H1B petitions. The registration system, however, will not be implemented until the following fiscal year 2021.
On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions.
If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member, please email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov, using the subject line “Zhang Class,” and provide the following:
by QUARTZ India, A. Bhattachya
In 2018, the average case processing time by the US Citizenship and Immigration Services (USCIS) was 46% longer than in 2016, according to the American Immigration Lawyers Association (AILA). Compared with 2014, when Barack Obama was still the president, the average case processing time last year was 91% longer.
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