USCIS Receipt Delays and Its Impact on Employment Verification

As we have been posting recently, USCIS is experiencing record delays in issuing receipt notices of various applications. We just finally received all receipt notices in connection with I-485 employment based applications in October 2020 (a 4 month wait!). It does not seems like the situation is improving as we are continuing to receive various receipt notices that are 2 to 3 months late. The...

The Revocation of Two Trump Era Policies is Expected to Reduce Scrutiny of H-1B petitions

The Biden Administration has revoked or rescinded two Trump era policies: "Buy American and Hire American" (BAHA) Executive Order, andthe 2017 Computer Programmer Memorandum. Revocation of BAHA Executive Order The BAHA executive order was signed on April 18, 2017 by President Trump which aimed to protect and increase wages for US workers by restricting alien worker visas such as H-1B and L-1....

USCIS Receipt Notice Update: Final Two I-485 Receipt Notices Received (4 months late)

Update April 2, 2021 We are now receiving EAD/AP approvals from I-485 EB applications filed in October. USCIS processing time for EAD and AP have also been updated recently to reflect the current processing timeframe. You may initiate service inquiry if EAD/AP is pending outside of the posted time frame. Update March 18, 2021 We have now received a substantial number of Biometrics Appointment...

Current Immigration Enforcement and Removal Priorities

Update June 28, 2022 A U.S. District Court for the Southern District of Texas vacated Secretary Mayorkas's September 30, 2021, memorandum. The order, however, was stayed through June 24, 2022, to allow the Fifth Circuit the chance to rule on the government's appeal. The Fifth Circuit did not rule and the motion remains pending. As such, the District Court's decision to vacate took effect on June...

Flexibilities Announced for OPT Applicants

Update 07/29/2021 Pursuant to a court order, these flexibilities have been extended to include applications received from Oct. 1, 2020, through Oct. 31, 2021. For applicants who timely filed Form I-765 for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 as filed on the original filing date if: The original, timely filed application was received...

Summary of the “Biden Immigration Bill” for Individuals without Lawful Status Part 1

The U.S. Citizenship Act, also commonly known as the “Biden Immigration Bill”, states as its purpose, “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.” For the the 11 million undocumented community members, the good news is that this earned path...

What Happens to My Pending H-1B Extension After My Green Card is Approved?

The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...

Immigrant Visa Ban Lifted

On February 24, 2021, President Biden rescinded Trump's Immigrant Visa ban (Proclamation 10014) which suspended the entry of certain immigrant visa applicants. However, given the backlog caused by the Covid pandemic and the bans under Trump, the resumption of visa services will not be swift or back to pre-pandemic levels. The Department of State has provided an update on its website regarding...

Políticas Favorables a los Inmigrantes en el Horizonte, los Dreamers Serán los Primeros en Beneficiarse

La Administración de Biden ha anunciado un amplio proyecto de ley de reforma migratoria titulado "Ley de Ciudadanía de los Estados Unidos de 2021." Proporciona una vía acelerada para la obtención de la ciudadanía a quienes se encuentren en Estados Unidos sin estatus legal a partir del 1 de enero de 2021. Este grupo de personas representa más de 10.5 millones. Inicialmente, podrían obtener...

Premium Processing Now Available to E-3 Petitioners

E-3 status is similar to H-1B but reserved for citizens of Australia. And just like H-1B, there is a limit to the number of E-3 visas available to Australian nationals, but most of these numbers go unused each year. General requirements for E-3 are: Are a national of Australia;Have a legitimate offer of employment in the United States;Possess the necessary academic or other qualifying...