Posts Tagged ‘Extension’

CBP Halts L-1 Extensions and Renewals at Ports of Entry

Friday, April 12th, 2019 by W. Scott Railton

I doubt you’ll find this written on any government website, but U.S. Customs and Border Protection (CBP) has decided to stop adjudicating extensions and renewals of L-1 status for Canadians at Ports of Entry and Pre-Flight Inspection.  The agency’s position is these applications must be filed at U.S. Citizenship and Immigration Services (USCIS). “L-1 status” refers to intracompany work and stay authorization for executives, managers, and employees with specialized knowledge.

We first heard this news via attorney meetings with the agency. Specifically:

QUESTION:  How are Canadian L-1 extensions treated at the border? Must intermittent L-1 applicants also apply for an L-1 extension with USCIS?

 ANSWER: CBP officers shall not approve any requests for extension of stay or renew petitions for L-1 nonimmigrants; those requests will be reviewed and approved by USCIS exclusively for all nationalities.

This important policy change is nowhere to be found on the agency’s website, unsurprisingly. We hear though that the policy is being implemented. One officer is said to have told an individual, “Spread the word.” By all appearances, CBP wants to stop adjudicating immigration benefits, and U.S. Citizenship and Immigration Services wants to take this responsibility over.

This is bad news, even if it hasn’t actually made the news. For decades, Canadian businesses have been able to present applications at the border, and receive on-the-spot adjudications. A lot of Canadian executives and managers travel back and forth, and live in Canada.  USCIS is painfully slow in adjudicating applications, although it is possible to pay for “premium processing” and receive initial adjudication in 15 days, for $1410 USD.  Of course, that’s not as good as on-the-spot adjudication, for the base application fee, which Canadian businesses now can receive. L-1 extensions for Canadians will only be adjudicated so fast now, and USCIS has become justifiably notorious for issuing lengthy requests for evidence, which bury employers in paperwork.

The United States government seems committed to making immigration harder, when it should be going for smarter.  L-1 holders are typically job creators, adding value to the U.S. economy. By definition, an executive or manager is presiding over many more workers. The U.S. should be making it easier for Canadian businesses and their executive management teams to do business stateside.

Tags: , , , , ,
Posted in General, Scott Railton |

USCIS Changes Rules and Procedures for Certain Family Nonimmigrant Petitions

Friday, March 1st, 2019 by W. Scott Railton

U.S. Citizenship and Immigration Services (USCIS) recently announced significant processing changes for the I-539 nonimmigrant extension/change of status form. This is the form used to change or extend status for family members, in association with a primary nonimmigrant application.  For example, if one family member has H-1B status and an extension request is filed, this application is typically filed at the same time for family members.

USCIS is now going to charge more for this application, where biometrics are required of multiple family members.  They will also require each family member to fill out another form. Query:  when was the last time the agency lowered costs or made the paperwork burden less on applicants?

The change takes effec, as of now, on March 11th, 2019.  Less than a month of notice was provided.  Here’s the announcement:

We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier. We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 11. Form I-539A replaces the Supplement A provided in previous versions of Form I-539. Form I-539A can only be submitted with Form I-539; it cannot be filed as a standalone form.

The revised Form I-539 includes the following significant changes:

  • Every co-applicant included on the primary applicant’s Form I-539 must submit and sign a separate Form I-539A, which will be available on the Form I-539 webpage on March 11. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
  • Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants as noted in the new Form I-539 Instructions to be published on March 11.
  • Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant’s address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

USCIS will reject any Form I-539 that is missing any of the required signatures or biometrics fees, including those required for Form I-539A.

Tags: , , , ,
Posted in General, Scott Railton |