Greenspoon Marder Immigration Newsletter, August 15, 2018

Aug 15, 2018

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
China: January 1, 2012
India: January 1, 2012
All other countries: June 1, 2016

EB-2
China: January 1, 2013
India: January 1, 2007
All other countries: January 1, 2013

EB-3 Professionals and Skilled Workers
China: November 1, 2014
India: January 1, 2003
All other countries: November 1, 2016

EB-3 Other Workers
China: May 1, 2007
India: January 1, 2003
All other countries: November 1, 2016

EB-4
El Salvador, Guatemala, Honduras: February 15, 2016
Mexico: February 15, 2016
India: February 15, 2016
All other countries: Current

EB-5
China: August 8, 2014
Vietnam: August 8, 2014
Current for all other countries and subcategories

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.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Newsletter, August 15, 2018

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