Proffered Wage Must Exceed State’s Minimum Wage, Not Just the Prevailing Wage (Federal)

As DOL continues to experience delays in issuing PWD and adjudicating PERM applications, employers must be careful when setting the proposed wage during the PERM process. It must exceed not just the prevailing wage as set by DOL but also exceed the state's (where worksite is located) minimum wage. You do not want to wait 1.5 to 2 years for the PERM to be certified only to find that the I-140 was...

Visa Bulletin Update FY 2023

February 2023 F2A category will likely see a cutoff date in March. If you are a green card holder and have an opportunity to petition for your noncitizen spouse, you may consider filing it as soon as possible. EB3 other works is expected to retrogress further. EB4 SR category has been extended until 09/30/2023. The category is now available. Employment-based visa bulletin February 2023...

I-485 EB Processing Time (Filed in FY 2023)

This post will provide sample processing timeframes for employment-based I-485s filed in FY 2023 (October 1, 2022 to September 30, 2023). Processing time for the previous fiscal years is here: I-485 EB Processing Update We only have sample receipt notices for now but later updates will include approvals. Currently, it's taking up to 3 weeks to receive receipt notices. Also, the employment-based...

Sample EB1A Approvals

October 20, 2022 Here's a recent sample EB1A approval for a Structural Engineer living in China. Had to overcome a "give-me-everything" RFE in template form. Filed in April 2022 and approved in September 2022.

Some TPS Holders May Now Be Considered “Inspected and Admitted” and Be Eligible For Adjustment of Status

On July 1, 2022, USCIS issued an update to its policy manual which clarified that Temporary Protected Status beneficiaries may be deemed eligible for adjustment of status to the extent that they meet the inspected and admitted requirement following a return from authorized travel. TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security...

Is the New Estimated Case Processing Time Better than Before?

On May 5, 2022, USCIS announced changes to simplify and improve how the agency communicates case processing time data to the public. Users can now immediately find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. Additional changes include: Adding drop-down options for form categories will help narrow results to only...

USCIS Temporarily Increases Automatic EAD extension up to 540 days

Update July 7, 2022 USCIS has informed the public that some applicants may have received incorrect receipt notices showing the outdated 180-day automatic extension instead of the current 540-day automatic extension. The incorrect receipt notices were issued between May 4, 2022 and June 2, 2022. Affected applicants should be receiving the correct notices by the third week of July. Sample...

USCIS posts alert about “Transfer the Underlying Basis” and creates inflated expectations over EB I-485 applications

Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis ("relink"). We started filing the requests in February. Below is a sample. In addition to sending out the written request to relink, our advice is to follow up on that request by calling USCIS and initiating a service inquiry. Client has both I-140 EB2 and I-140 EB3. I-140 485 EB3 Concurrent Filing...