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I-751 Interviews No Longer Mandatory

On April 7, 2022, USCIS revised its policy to allow the waiving of interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status via I-751. This means that if there is sufficient evidence of bona fide marriage, a USCIS officer may decide to waive the interview and approve the I-751 based on the documentary evidence...

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; FIFO No Longer a Certainty

Update January 30, 2023 Just received a batch of prevailing wage determinations (PWD). It seems DOL is issuing determinations of wage requests filed in July 2022. We also got back PWDs of our earliest requests that have been pending since April 2022. No pending wage requests filed before July 2022. Update January 10, 2023 We are receiving PWDs that were filed in June 2022. However, we have some...

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...

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...