USCIS Increases Premium Processing Fee by 15% on October 1, 2018

fee-increaseOn August 31, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will adjust the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018, to “more effectively adjudicate petitions and maintain effective service to petitioners. ” These forms are typically used for H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 petitions.

The premium processing fee will increase to $1,410.00, a 14.92 percent increase (after rounding) from the current fee of $1,225.00. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers. Continue reading

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USCIS Temporarily Suspends Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

enter-usa-h1b-visaAs of April 2, 2018, USCIS began accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap.  This cap was reached in just four days, by April 6, 2018.
USCIS has temporarily suspended premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.
USCIS will notify the public before resuming premium processing for cap-subject H-1B petitions or making any other premium processing updates.

During this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, both forms will be rejected.

Once USCIS resumes premium processing, petitioners may file a Form I-907 for FY 2019 cap-subject H-1B petitions that remain pending.

Requesting Expedited Processing

While premium processing is suspended, a petitioner may submit a request to expedite an FY 2019 cap-subject H-1B petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and USCIS encourages petitioners to submit documentary evidence to support their expedite request. USCIS reviews all expedite requests on a case-by-case basis and will grant requests at the discretion of its office leadership.

The Reason for Temporary Suspension of Premium Processing for H-1B Petitions

This temporary suspension will help USCIS reduce overall H-1B processing times. By temporarily suspending premium processing, USCIS will:

  • Process long-pending petitions, which it has currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and
  • Prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark.

Look for USCIS’ updates on the H-1B FY 2019 Cap Season webpage.

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Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations

STEM guysCertain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion optional practical training (OPT).  On August 17, 2018, USCIS updated the Optional Practical Training Extension for STEM Students (STEM OPT) page of its website to clarify the reporting responsibilities for participation in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.  As previously indicated on the webpage, students must report certain changes, such as changes to their employer’s name and address, to their DSO within 10 business days. Prompt reporting ensures that Department of Homeland Security (DHS) is able to exercise effective oversight of the program.

Additionally, DHS is clarified that STEM OPT participants may engage in a training experience that takes place at a site other than the employer’s principal place of business, as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student. DHS will review on a cSTEM OPTase-by-case basis whether the student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer that signs the Training Plan is the same entity that employs the student and provides the practical training experience. Continue reading

Jennifer Grady, Esq. Speaks at San Diego Global Investment Forum on Immigration Options for Investors, Entrepreneurs, and Global Employees

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Ms. Grady speaking on the FDI panel about immigration in the Trump Era (09/20/18)

Jennifer Grady, Esq. has been invited to appear as a panelist at the San Diego Global Investment Forum in sunny San Diego, California.  This event, which will took place on September 19-20, 2018, is hosted by the San Diego Global Partnership.  As part of the panel on “Foreign Direct Investment,” Ms. Grady shared her expertise on immigration options and trends for investors and employees who are relocating to Southern California.

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FDI panel of attorneys, tax advisors, and US-bound entrepreneurs

Other panels focused on real estate development and investment, technology and innovation, domestic funding and alternative investment, and city collaboration.  Speakers and attendees had the opportunity to network at the welcome cocktail reception on the evening of September 19, and the finale networking reception on September 20.  In addition, there was a Development & Innovation tour of San Diego on September 21 for investors interested in an overview of San Diego.

DSC07082This unique investment-focused event drew attendees from around the globe who recognize San Diego and the greater Southern California region’s incredible growth opportunities over the next ten years. For example, CBRE’s “Americas Investor Intentions Survey” for 2018 recognizes the up-and-coming nature of the region by recognizing that, “the Southern California market ranked number 11 for investment in the US, up from number 17 last year.”

This was the first year for the Forum, which is open to any individual, developer, institution, company, fund, or organization that wants to learn why San Diego is rapidly climbing the economic changes and why they should be looking at San Diego and Southern California as their next investment opportunity.

Coronado bridgeThis two-day forum offers a unique platform to learn from and meet San Diego’s Mega Region innovation, development, business, municipality, political, and thought leaders in one room.
Who should attend?

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The Grady Firm joins MAPLE Canadian-US Business Council Delegation to Toronto; Partners with Canadian Immigration Firm to Offer Cross-Border Services

maple-jg-with-sign-e1507223473277.jpgOn September 21-22, 2017, Jennifer Grady, Esq. participated in a delegation of the MAPLE® Canadian-U.S. Business Council of Southern California on a cross-border networking event in Toronto, Ontario.  The delegation visited nine leading innovation, enterprise, and government organizations and hosted a sold-out cross-border networking reception to connect with Toronto-area business leaders.  A panel presentation called “Doing Business with Southern California” featured speakers from Economic Development & Tourism, Business and International Development at Greater Irvine Chamber in Orange County, and the World Trade Center Los Angeles.

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Outside MaRS Discovery District

The following organizations provided the delegation with insight into their work and shared opportunities for cross-border collaboration:

  • EY Canada
  • JLabs Toronto
  • MaRS Discovery District
  • Royal Bank of Canada
  • Ryerson University Digital Media Zone
  • Toronto Board of Trade
  • Toronto Global
  • Toronto Rehabilitation Institute
  • U.S. Department of Commerce

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Anthony Mance, Esq. to Lead Immigration Department at The Grady Firm, P.C.

anthony-headshotThe Grady Firm, P.C. is pleased to announce that Anthony Mance, Esq., has been selected to lead its international immigration practice.  Over the last three years as an of-counsel attorney to the firm, Mr. Mance has helped dozens of clients obtain citizenship, a Green Card, or a visa based on family relations, employment, or investment. Specifically, he and Jennifer Grady, Esq. have submitted successful H-1B, F-1, OPT extension, J-1, E-2, L-1A, O-1, H-4, TN, EB-3, and EB-1 applications on their clients’ behalf.

Mr. Mance is an attorney with nearly a decade of experience in immigration and business law with which he has assisted individuals and businesses with the complexities of the immigration process.  Utilizing his knowledge of international policy, immigration law, business law and finance, Mr. Mance counsels his clients in a wide variety of personal and business ventures, and specializes in helping foreign entrepreneurs establish new businesses and careers in the United States, including corporate setup.  Mr. Mance’s clients include individuals, business owners, investors, institutes of higher education, non-profit organizations, and religious organizations.         Continue reading

Can’t Afford a Green Card Just Yet? How to Obtain Permanent Residency by Transitioning From the E-2 Treaty Investor Visa to EB-5

by Jennifer A. Grady, Esq. and Anthony Mance, Esq.

American Visa (XL)The E-2 treaty investor visa can be a great way for a foreign entrepreneur to open a business and live and work in the United States legally. What’s more, it is relatively affordable in that it only requires a “substantial” capital investment in a bona fide U.S. enterprise (usually in the amount of $100,000 to $250,000). The investor must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The E-2 visa allows the status holder from a treaty country, and his or her family, to come to the United States to open and operate a personal business; the spouse and unmarried children under the age of 21 are able to attend school and work as dependents of the visa. Unfortunately, however, the E-2 treaty investor status does not offer a direct path to Permanent Residence. This means that unless the status holder, or the status holder’s immediate family, has a separate path to Permanent Residence, the visa holder and family will not be able to obtain Permanent Residence status, regardless of how long they maintain their E-2 status. This is further complicated by the fact that the E-2 status is temporary and must be regularly renewed with no guarantee of success.

Furthermore, because the E-2 visa is only available to member of treaty countries, it is not available to everyone. For example, citizens of mainland China, India, Russia, and Brazil are ineligible for the E-2 visa. Continue reading

H-1B Cap Reached by April 7, 2015 for Fiscal Year 2016

American Visa (XL)by Jennifer Grady, Esq.

On April 7, 2105, USCIS announced that it reached the congressionally mandated H-1B cap for fiscal year (FY) 2016.  USCIS received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, and more than the 65,000 “regular cap” limit for applicants without a Master’s Degree.  U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as engineering, science, and computer programming. 

In the meantime, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap. 

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