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July 7, 2022 USCIS has informed the public that some applicants may have received incorrect receipt notices showing the outdated 180-day automatic extension instead of the current 540-day automatic extension.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...

Prevailing Wage Determinations Have Slowed Down But Still Follow FIFO

Processing time of prevailing wage determinations has slowed to about 6 months. DOL does not post avg processing time but only the submission date of the oldest application in its pipeline. Looking at its latest data, the oldest application in its queue as of December 31, 2021 is April 2021. Based on our records, requests for PWD have slowed down from 5 months to 6 months. We are currently...

Healthcare workers may request expedited processing of their pending Form I-765s (EADs)

On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing of their pending I-765 EAD applications. To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9). You should be prepared to provide evidence of your profession or current employment as a healthcare...

USCIS Temporarily Waiving 60-Day Rule For I-693 Signatures

On December 9, 2021, USCIS announced that it is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (such as I-485). In October 2020, many applicants could not file their I-485 applications in October due to civil...

May Need a New Medical Exam If the Civil Surgeon is No Longer Listed

This is a situation where the reviewing officer's discretion plays a significant role. USCIS has a tool on its website that lists all the civil surgeons in the US who are authorized to complete the I-693 medical exam. Applicants would go to the online tool, search for a civil surgeon near where they live, set up an appointment, and complete the medical exam. The sealed medical exam report...

Why Is My Case Taking So Long?

Related Posts: Another Chance to File I-485 after RejectionUSCIS Processing Update: H-4 / H-4 EADI-485 EB Processing UpdateExpediting a Pending I-765 EADBreaking: USCIS to Eliminate Biometrics Requirement for I-539 filers starting May 17, 2021Biometric Appt may now be Rescheduled by PhoneI-751 Processing updatesNaturalization Processing UpdatesTemporary Extension of I-693 Validity from 2 Years...

Anxious About Not Having Received a Receipt Notice? Ask Emma

As USCIS continues to grapple with backlogs and extended processing delays, the issuance of receipt notices has also be impacted with some taking 3 weeks or longer to arrive by mail. Coupled with mail delivery issues at USPS, it has now become a challenge just to get the receipt notice in hand. It is no longer easy or expected to receive the receipt notice within a few short days. Receipt...