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CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes Retrogression and More

June 20, 2016

CAP H-1B Rejections Starting to Arrive

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case.

On April 7, 2016, US Citizenship and Immigration Services ("USCIS") announced that between April 1, 2016 and April 7, 2016, USCIS received more than enough applications for new H-1B visas for the 2017 government fiscal year. Applications exceeded the quota, for both the regular 65,000 limit (also called a "cap") and the additional 20,000 limit for persons who have an advanced degree (more than a bachelor degree) from a US university. Because more applications than the quota permits were received for both Bachelor's and Master's cap cases in the first five business days of April, USCIS used a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject any petitions that were not randomly selected. 

Amendment to Michigan Bill Continues to Allow Nonresidents to Operate a Motor Vehicle Using Foreign License in Some Circumstances

The Michigan House of Representatives approved an amendment to the Michigan Vehicle Code, allowing for Nonresident operators to operate a motor vehicle using a license issued by a country other than the US if the county is a party to an appropriate international treaty, convention, or agreement regulating traffic, driving, or the operation of motor vehicles to which the US is also a party. If there is no treaty, convention, or agreement in place, the foreign license may operate a motor vehicle using the foreign license if they satisfy the requirements of Section 307(1) except for the requirement to establish an address in Michigan or residency, found here. A summary of the Michigan driver's license reciprocal rules is located here.

Case Challenging State Department, U.S. Citizenship and Immigration Services' Changes to October 2015 Visa Bulletin Has Been Dismissed

Thousands of immigrants who spent money and time preparing to file an employment-based green card application on October 1, 2015, now will have to wait much longer to apply. On May 16, 2016, Federal Judge Ricardo S. Martinez dismissed a lawsuit filed by a group of immigrants seeking highly-skilled, employment-based green cards, holding that the State Department's Visa Bulletin is not a final agency action that can be challenged in court. The lawsuit, filed on September 28, 2015, claimed thousands of immigrants reasonably relied on the information in the September 2015 visa bulletin, spending a great deal of money and time to prepare green card petitions. However, the Court held that there were no legal consequences as the Bulletin does not create any rights.

Visa Appointment Wait Times at US Consulates in India

Visa appointment wait times at US Consulates in India are severely backlogged. Some consulates are experiencing delays as long as 100 days for non-immigrant visa processing. Sources say the increased timelines could be due to budgeting issues or staffing issues. The American Immigration Lawyers Association (AILA) US State Department Liaison Committee has contacted the Visa Office for an update on the long visa appointment wait times. Processing at a US Consulate in India should be avoided at this time if possible. See the US Department of State website for visa wait times.

June Visa Bulletin – Heightened Demand for Employment-Based Adjustments of Status Causes Retrogression

The June visa bulletin has been released. For China, both the second and third preference final action dates have retrogressed. Neither of these dates is expected to advance before the end of the fiscal year. The final action date for employment-based second category (EB-2) China retrogresses to January 1, 2010 and EB-3 China retrogresses to January 1, 2010.

For India, the second preference final action date has retrogressed. This date is expected to advance slowly during the last three months of the fiscal year, at a pace consistent with that of the India employment-based third preference date. The final action date for employment-based second category (EB-2) India retrogresses to October 1, 2004 and EB-3 India advances slightly forward to September 22, 2004.

The final action date for EB-2 cases included in the "worldwide" limit remains current. The demand for EB-1 Worldwide remains very high. If this demand continues, it is possible that some type of corrective action may be required before the end of the fiscal year. See the Clark Hill website for more information on priority dates.

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