Unlawful Presence for H-1B Beneficiaries in F-1 Status

If you are an H-1B beneficiary and have recently received a denial or denial of a change of status, know that unlawful presence (ULP) for F-1 students will begin to accrue on the day after the request is denied (date of H-1B decision). (ii) Nonimmigrants Admitted for Duration of Status (D/S). If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit,...

USCIS No Longer Recognizes ACICS-Accredited Schools Impacting Some STEM OPT, H-1B and I-140

On August 19, 2022, the US Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. On November 1, 2022, USCIS announced how the loss of recognition will impact certain immigration benefit applicants. Students from impacted schools should contact their DSO immediately and discuss how to maintain their status....

New Policy Guidance on 3/10 Year Unlawful Presence Bars – May Serve the 3/10 Year Bar Inside the U.S.

On June 24, 2022, USCIS issued new policy guidance regarding the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal. In general, a noncitizen is inadmissible under INA 212(a)(9)(B) if the noncitizen accrues more than 180 days of unlawful presence, departs or is removed (whichever applies), and again seeks admission within 3-years (if...

H-1B Receipt Notice Delays at the Vermont Service Center

Update July 15, 2022 The good news is that we have already received approvals for some of the H-1Bs affected by the receipt delay. Update July 1, 2022 First Vermont, now California is experiencing unusual delay in issuing H-1B receipt notices. Interestingly, Vermont has been transferring workload to California since June to address its own delay and speed up the intaking process. Update June 22,...

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...

Waivers of interviews for certain Nonimmigrant Visas until 12/31/2022

On December 23, 2021, the Department of State has authorized consular offices through the end of 2022 to waive the in-person interview requirement for additional visa types including temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who meet certain conditions. Consular officers have the discretion to waive the interview requirement for individuals applying for these visa types that...

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

Update 10/20/2022 On 10/20/2022, USCIS extended this flexibility. If you're a healthcare/childcare worker and have a pending I-765 that has been pending for over 90 days, you may request expedited processing. See below for definitions of a healthcare/childcare worker. Original Post 12/28/2021 On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing...

Settlement Reached: H-4 EAD Renewals Now Also Qualifies For Automatic 180-Day extension and L-2s Get Work Authorization Without EAD.

Update May 12, 2022 On Nov. 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of Jan. 30, 2022, USCIS and...

H-1B Processing Update

We are starting a new post to track the processing timeframes of non-premium H-1B cases. Please check out a related post on Fast H-1B Approval Without Premium. Update 12/02/2022 Another sample H-1B extension that took longer than most. about 5 months. Update 11/30/2022 Here's an example of an H-1B extension that took about 6 months which is longer than the current average. Most H-1Bs for the...

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...