Read our latest posts

USCIS Extends Status of Conditional Permanent Residents to 24 Months with Pending I-751 or I-829

Update Post 01/23/2023 USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829.  Update Post 09/22/2021 If you have the 18-month receipt notice that has expired but have yet to receive the new 24-month receipt notice, you may continue to work in light of the...

Sample RFE Template Targeting Green Card Applications for Liberian Refugee Immigration Fairness (LRIF)

Below is a sample Request for Additional Evidence (RFE) which is a form of challenge issued by USCIS. The RFE focuses on a pending green card application filed under the Liberian Refugee Immigration Fairness program (LRIF). This form of RFE may be considered a template RFE because it can be easily adapted and sent out to any pending green card application filed under LRIF. You may receive a...

Update on How Embassies/Consulates are Prioritizing Immigrant Visa Applications

Update post 09/21/2021 DOS provides an update stating that consular sections, where possible, are scheduling some appointments within all four priority tiers every month. Also, the guidance states that, “Recognizing the emergence of the COVID Delta variant and the continued demand for healthcare professionals during the pandemic, U.S. embassies and consulates were instructed that they may...

There Will Not Be ICE Enforcement at Locations where Disaster Relief related to Hurricane Ida is Being Provided

On August 28, 2021, DHS provided assurances that they will not conduct enforcement activities at locations where disaster and emergency relief related to Hurricane Ida are being provided. "Absent exceptional circumstances, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) will not conduct immigration enforcement at locations where disaster and emergency relief...

USCIS Changes its Mind: H-1B Cap Start Date Can Be October 1 or Later

USCIS has now officially stated that H-1B cap-subject petition may have a start date of October 1 or later (and six months or less from the receipt date of the petition). Previously, USCIS required that the start date be only October 1. H-1B FAQ In FY 2021, USCIS rejected H-1B filings for stating a start date that is after October 1. Lawsuits were filed and USCIS lost. Those rejected were given...

COVID Vaccination is Now Required for USCIS Medical Exams

Update Post 09/16/2021 USCIS releases policy guidance highlighting the following: "..beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693." Original Post 08/31/2021 On August 25, 2021, the CDC announced that...

EB1a, Aliens of Extraordinary Ability (2021)

Since March of 2021, visa numbers have been current for Chinese or Indian nationals filing for green card under the employment-based first preference (EB1) category. This means that an applicant may file their green card applications (I-485) concurrently with their I-140 petition instead of waiting 3 to 10 years for visa number availability under second or third preference categories. The...

USCIS is Seeking Comments on New Public Charge Rules

USCIS is seeking feedback from the public that will help the development of new public charge regulations. Since the previous public charge rule (2019) under President Trump was vacated on March 9, 2019, USCIS has been applying the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance, the policy that was in place before the 2019 public charge final rule. You...