September Visa Bulletin Update
In September, USCIS will only accept employment-based adjustment applications from foreign nationals with a priority date that is current for final action under the State Department’s September Visa Bulletin . Through August 31, USCIS will continue to accept adjustment of status applications according to the August Visa Bulletin final action dates, even for EB-2 and EB-3 categories that were retrogressed by the State Department on August 8. EB-2 for all countries retrogresses immediately, with expected return to August priority dates in October. India retrogresses to January 1, 2007, while all other countries retrogress to January 1, 2013.EB-3 for all countries except China retrogresses immediately, with return to August priority dates in October.
Employment-Based Priority Date Cut-offs for September 2018
To be eligible to file an employment-based adjustment application in September, employer-sponsored foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.
Final Action Cut-Off Dates for September 2018
EB-1
EB-2
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
EB-4
EB-5
USCIS Issues Revised Guidance on Unlawful Presence for F, J and M Non-immigrants
As of August 9, 2018, USCIS will consider an F, J or M nonimmigrant who violates the terms of his or her status to be unlawfully present and will calculate unlawful presence from the day after the status violation occurs. For status violations that occurred before the effective date of the policy, USCIS will calculate unlawful presence from August 9, 2018. It still unclear what is a status violation and whether it will start the accrual of unlawful presence. Because of the significant consequences of unlawful presence, foreign students, exchange visitors should take all steps to assure that they are in compliance. A foreign national who has been unlawfully present for more than 180 days or one year or more is subject to a three-year or ten-year bar on reentering the United States and will not be eligible to apply for a visa, admission or adjustment of status to permanent resident unless they are granted a waiver of inadmissibility or another form of relief.
Yeman and TPS Re-Registration
U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Yemen’s designation who want to maintain their status through March 3, 2020, must re-register between August 14, 2018 and October 15, 2018. Re-Registration Period Now Open for Temporary Protected Status for Yemen
Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any further questions or concerns.
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