I-140

On March 20, 2020 the United States Citizenship & Immigration Services (USCIS) temporarily ceased accepting any requests for premium processing on all Form I-129 and Form I-140 filings. The decision became effective immediately as another effort of USCIS to ease the burden on its operators amidst the COVID-19 health crisis. As a result, employers and foreign workers alike are now trying to manage their expectations, plan onboarding timelines, and strategize extensions and account for months-long processing.
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The final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” was recently promulgated and it is due to take effect on January 17, 2017.
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USCIS recently published a FINAL RULE to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended its regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule is due to go into effect on January 17th 2017, right before the changeover to the new Administration.
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In a breakthrough decision issued at the end of 2015, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who actually will be affected by the revocation. In the context of an employment-based visa petition, this includes providing notice to the employee who moved to a new job (i.e., “ported”) or the new employer. This decision is an important step toward ensuring a fair process for employers and employees, and it is crucial that USCIS implement the decision nationwide.

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