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

Update 09/26/2024 Here are the latest processing updates from a recent sample of approvals. Recent H-1B Processing Times by Case Type and Service Center: Texas Service Center: Extension: Filed on 07/08/2024, approved on 09/10/2024 (2 months). Vermont Service Center: Change of Employer: Filed on 11/08/2023, approved on 08/20/2024 (9 months). Change of Employer: Filed on 02/22/2024, approved on...

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...

Biden Administration Will Rescind Travel Bans and Instead Require Proof of Vaccination

Update 11/08/2021 Flyer about the New Covid-19 Travel Requirements: Update 11/05/2021 On 11/08/2021, the previous COVID-19 travel bans will be replaced with a COVID-19 vaccination requirement for all international air travelers to the United States. Passengers must provide proof of vaccination to airlines who will: Match the name and date of birth to the information on the vaccination...