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Companies File Motion for a Temporary Restraining Order Challenging USCIS Policy Memo on Third-Party Worksites

Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.

USCIS Temporarily Suspends Operations at Havana Field Office

USCIS announced that it has suspended operations at its Havana field office due to staff reductions at the U.S. Embassy in Havana, Cuba. During this suspension, USCIS’s field office in Mexico City will assume Havana’s jurisdiction, which only includes Cuba.

USCIS Changes to Direct Filing Addresses for Form I-129 Petitions

On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California Service Center. As of November 11, 2017, USCIS may reject forms filed at wrong service centers.

Brian D. Lerner (blerner@californiaimmigration.us) USCIS and the Notice to Appear

USCIS is authorized to issue Notices to Appear (NTAs) under INA §§103(a), 239(a) and 8 CFR §§2.1, 239.1.

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS announced that it has resumed premium processing for certain cap-exempt H-1B petitions, including petitions where the petitioner is an institution of higher education, a nonprofit related to or affiliated with an institution of higher education, or a nonprofit research or governmental research organization. Effective immediately, those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. The Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition. USCIS plans to resume premium processing of other H-1B petitions as workloads permit.

USCIS Posts New Form I-485, Supplement J, to Website

USCIS posted a notice that the Office of Management and Budget has approved Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The supplement is now posted to the USCIS website. On November 18, 2016, DHS published a final rule intended to improve several aspects of certain employment-based visa programs, and effective today, the regulations will require the use of the new supplement in certain circumstances.

USCIS Issues Final Rule on Start-Up Entrepreneurs

USCIS issued a final rule which adds new regulatory provisions guiding the use of parole on a case-by-case basis for entrepreneurs of start-up entities who can demonstrate that they would provide a significant public benefit to the United States. The rule is effective July 17, 2017. USCIS noted that DHS estimates that 2,940 entrepreneurs will be eligible under this rule annually.

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