The Aftermath of the H-1B Fiscal Year (FY) 2020 Visa lottery: Next Steps and Alternatives

US Citizenship & Immigration Services (USCIS) have announced the lottery results for this year’s H-1B cap (Fiscal Year 2020) with USCIS reporting that it received 201,011 H-1B petitions. Additionally, the agency announced last week that they completed data entry for all FY 2020 H-1B cap-subject petitions selected (including master’s cap cases), which means they will be sending receipt notices for those cases selected and returning those cases not selected.

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The Mercury News: “H-1B: U.S. employers say Canada’s immigration policies better, as tech booms north of border”

Canada’s more favorable immigration policies are attracting tech talent away from the US, according to a report by Envoy, which helps companies navigate the immigration and visa application process. In 2017 Toronto, North America’s fastest growing tech hub, added more tech jobs than the Bay Area, Seattle, and Washington, D.C. combined, and Ottawa, the nation’s capital, has more than 1,700 tech companies.

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USCIS: Revised Policy Guidance for the Validity Period of Form I-693, Medical Examination and Vaccination Record

US Citizenship & Immigration Services (USCIS) announced they are revising their policy concerning the validity period of Form I-693, Report of Medical Examination and Vaccination Record, which is used to determine whether an applicant for an immigration benefit is inadmissible under the health-related grounds of inadmissibility. The updated policy, effective November 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than sixty days before filing the underlying application for an immigration benefit.

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Bloomberg Law: “Proposal to Undo Guestworker Spouse Work Permits Coming Soon”

A proposed rule to reverse an Obama administration regulation granting employment authorization to the spouses of certain H-1B workers is expected to proceed within the next three months. The 2015 regulation provides work authorization to the spouses of certain H-1B workers who are seeking employment-based lawful permanent resident status.  Bloomberg Law says that more than 90,000 work cards have been issued, the majority of them granted to women from India.

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USCIS: Update to Form I-797 Receipt Notices for Form I-751 and Form I-829

US Citizenship & Immigration Services (USCIS) has announced that as of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice which can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for eighteen months past the expiration date on their Permanent Resident Card.

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How to Replace or Renew Your Green Card

Whether it is a lost Green Card (you know the feeling when you have searched everywhere and slowly come to the dreaded realization that it’s gone) or an expired ten-year Green Card, or even if there is a mistake on your Green Card, you will have to get a new card. And, of course, this type of thing always seems to happen when you have to travel internationally or are starting a new job in a few days. What to do???

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USCIS to Recall Incorrectly Dated Green Cards

US Citizenship and Immigration Services (USCIS) has announced that beginning May 14, 2018, the agency will begin recalling approximately 8,543 Permanent Resident Cards (i.e., Green Cards) due to a production error. The Green Cards, printed with an incorrect “Resident Since” date and mailed between February and April 2018, were for approved Form I-751, Petition to Remove Conditions on Residence, for spouses of US citizens. Since spouses of US citizens may apply for naturalization after three years of permanent residency (and when they meet other requirements), the incorrect date on these Green Cards could potentially cause applicants to wait longer than necessary to apply for naturalization.

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USCIS to Begin Using More Secure Mail Delivery Service

In a welcome move, US Citizenship and Immigration Services (USCIS) announced last week that beginning April 30, 2018, the agency will begin phasing in the use of the US Postal Service’s (USPS) Signature Confirmation Restricted Delivery service in order to mail Green Cards and other secure documents to recipients. The first phase will involve re-mailing documents—including Permanent Resident Cards (i.e., Green Cards), Employment Authorization Cards (EAD cards), and Travel Booklets—that have been returned as non-deliverable. USCIS states that applicants who have changed mailing addresses during the application process are more likely to have their secure documents sent with this new delivery service. USCIS plans to expand this signature confirmation mailing service to all secure documents in the future.

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NPR: “Immigrants Are Scrambling To Submit Petitions For Family Members To Come to U.S.”

As President Trump continues his call to limit family-based immigration, an increasing number of  immigrants residing in the US are filing petitions to bring eligible family members to America, in case an immigration bill restricting family reunification is eventually passed. Currently, the US immigration system allows for family reunification (what President Trump derisively calls “chain migration,”) where in certain cases Green Card holders or citizens can sponsor eligible relatives to come to the US. President Trump has proposed limiting family-based immigration to immediate family members, including spouses and minor children, and restricting it for parents, siblings, and adult children.

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