Update: Visa Bulletin Update FY 2023
Visa Bulletin Update FY 2023
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
May 2023 You can still file I-485 (F2A) in May. Pretty much bad news across the board, except for EB-3 (China) as they see significant forward advancement. EB-1 for China and India will continue to retrogress. So will EB-2 rest of the world (ROW). EB-3 (ROW) may see a cutoff date. EB-2 (India) and EB-5(India) will continue retrogressing. Outlook for EB-3 (other workers) is deteriorating too....
I-485 EB Processing Time (Filed in FY 2023)
Update February 17, 2023 Here are some some I-765 EADs based on the pending I-485s filed FY 2023. Fairly quick. Took less than 4 months. I-131 Advance paroles were also approved at the same time. Original Post November 3, 2022 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...
Sample EB1A Approvals
April 12, 2023 Some more recent samples. A folk music artist and biomechanics researcher with under 20 publications and about 150 citations. 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.
Adjustment of Status follows the Dates of Filing Chart for October 2022
Please follow the dates of filing chart for filing I-485 in October 2022. For EB2/EB3 China or India, it's about a month to 3 months difference compared to the final action chart.
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...