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Nonimmigrant Visas
Department of State plans to heighten screening and vetting of visa applicants: Update

Department of State plans to heighten screening and vetting of visa applicants: Update

As noted in our prior blog post, a Department of State cable sent by Secretary Tillerson on March 17, 2017 provided immediately effective guidance to all U.S. diplomatic and consular posts regarding the screening and vetting of visa applications.

On May 4, 2017, the Department of State published a Notice of request for emergency OMB approval and public comment on a new Form DS-5535, Supplemental Questions for Visa Applicants. This form would collect information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

USCIS policy memorandum regarding use of Computer Programmers occupation in H-1B petitions

USCIS policy memorandum regarding use of Computer Programmers occupation in H-1B petitions

On March 31, 2017, U.S. Citizenship & Immigration Services (USCIS) released a policy memorandum (hereinafter, “the new memo”) explicitly rescinding a prior memo on H-1B computer-related positions, and thereby reinforcing current USCIS practice related to the use of the Computer Programmers occupation code in H-1B petitions. This post provides background information and discusses how future H-1B petitions will be affected.

H-1B cap update – USCIS reports 199,000 petitions received

H-1B cap update – USCIS reports 199,000 petitions received

News Release from Jewell Stewart & Pratt PC - April 17, 2017 Today USCIS announced that it received 199,000 H-1B petitions in the filing period that began on April 1. On April 11 USCIS used a computer-generated random selection process (commonly known as a...

H-1B cap reached for FY 2018, lottery triggered

H-1B cap reached for FY 2018, lottery triggered

News Release from Jewell Stewart & Pratt PC - April 7, 2017 U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2018. USCIS has also received...

USCIS announces new measures to detect H-1B visa fraud and abuse

USCIS announces new measures to detect H-1B visa fraud and abuse

U.S. Citizenship and Immigration Services (USCIS) announced new measures to detect H-1B visa fraud and abuse. In addition to its usual random and unannounced site visits, USCIS says that it will now make targeted site visits to:

  • Employers whose basic business information cannot be validated through commercially available data.
  • H-1B-dependent employers — i.e. those with a high ratio of H-1B workers to U.S. workers, as defined by statute.
  • Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

USCIS also announced that it had established an email address that will allow individuals to submit “tips, alleged violations and other relevant information about potential H-1B fraud and abuse.”