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Release Date: March 25, 2014

Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.

The filing period for H-1B petitions subject to the fiscal year (FY) 2015 numerical cap begins on April 1, 2014. USCIS will start premium processing of cap-subject H-1B petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher, no later than April 28. This date is based on past levels of premium processing requests and the possibility that the cap will be met in the first five business days of the filing season. 

This checklist is optional to assist FY 2015 H-1B petioners submit an I-129 H-1B petiton. 

Please click on the attachment to view the checklist.

This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration. This morning, I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.

WASHINGTON—Secretary of Homeland Security Jeh Johnson will extend Temporary Protected Status (TPS) for eligible nationals of Haiti for an additional 18 months, effective July 23, 2014 through Jan. 22, 2016.   

Secretary Jeh Johnson announced the designation of Chile into the Visa Waiver Program (VWP) during an event held at the Ronald Reagan International Trade Center in Washington, D.C. Secretary Johnson was joined by Deputy Secretary of State for Management and Resources Heather Higginbottom, Chilean Foreign Minister Alfredo Moreno and Chilean Ambassador Felipe Bulnes for the announcement.

These poverty guidelines (as attached) remain in effect for use with Form I-864, Affidavit of Support, from March 1, 2014 until new guidelines go into effect in 2015. 

Please check the attachment for the guidelines.

The Department of State warns U.S. citizens to defer all non-essential travel to Ukraine, and particularly the Crimean Peninsula, due to the potential for instability following the departure of former President Yanukovych and the establishment of a new government. Groups have staged protests, set up roadblocks, and occupied government buildings in several cities throughout Ukraine since November 2013. All U.S.

USCIS SCOPS (Service Center Operations Directorate) and AILA Tleconference Agenda discussing issues on H-1B Processing and Adjudications, I-140 Adjudications based on Certified ETA-9089, I-140 Erroneously Rejected & Priority Date No Longer Current, G-28s Not Recognized and other topics. 

Please click the attachment for more details. 

U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), has not identified or assessed fraud or noncompliance risks posed by schools that recommend and foreign students approved for optional practical training (OPT), in accordance with DHS risk management guidance.