Immigration Update: June 2019
July 2, 2019Travel for Adjustment of Status (“Green Card”) and Naturalization Interviews
This month USCIS announced that it would begin to transfer some of its Adjustment of Status and Naturalization cases to other agency field offices. The change is intended to help alleviate long backlogs which have accumulated at certain field offices. This could mean further travel for those who are scheduled to attend their Green Card or Naturalization interviews outside their normal USCIS jurisdiction. For example, cases at the Brooklyn, NY field office may merge with Newark, NJ, Boston, MA may merge with Buffalo, NY and Philadelphia, PA may merge with Cleveland, OH.
Higher Rates of Nonimmigrant Denials and RFEs
USCIS data released this month confirms continued higher rates of nonimmigrant visa denials and requests for evidence (“RFE”). The overall H-1B approval rate feel to 79.5% in the first half of fiscal year 2019, down from 81% in the same period last year. The RFE rate was 47.7% during the first half of the year, up about 1% from the same period last year. The approval rate after RFE was 60.2%, down 2% from the same period last year.
L-1 petitions have also been affected, with approval rates of 73.1% in the first half of fiscal year 2019, down from 78.4% in the same period last year. The approval rate after RFE feel to 51.9%, down from 52.7% last year.
TNs, O-1 and O-2 visas have been similarly affected.
E-1/E-2 Treaty Trader and Investor Visas Available for New Zealand
Starting June 10, 2019, New Zealand nationals are eligible to apply for E-1 treaty trader and E-2 treaty investor status.
U.S. to Recognize a Five-Year Extension of Venezuelan Passports
The U.S. State Department announced that it will recognize a five-year validity extension for Venezuelan passports pursuant to a new policy. The extension is based on the acting Venezuelan government’s decree to automatically extend all passports for five years beyond expiration and recognition of such extension will be automatic.