Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...
The new Form ETA-9141, Application for Prevailing Wage Determination is set to go live on May 3, 2021. DOL held a webinar on April 27, 2021, regarding the new changes to the form. A presentation slide may be downloaded here. Any saved drafts that haven't been submitted will be deleted on May 3, 2021. Other updates include: Processing time for PERM and prevailing wage determination is not...
USCIS updated the rules in 2018 regarding how long a sealed medical exam report(I-693) stays valid. The rules are quite simple and straightforward: When did civil surgeon sign?I-693 retains evidentiary value throughNo more than 60 days before applicant filed underlying benefit application with USCIS2 years from date civil surgeon signed I-693After applicant filed benefit application with USCIS2...
F-1 students can breathe a sigh of relief. ICE will continue to allow students to engage in distance learning in excess of regulatory limits due to the ongoing covid pandemic. Please note that the guidance only applies to students who were actively enrolled at U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the U.S. or...
Great news for petitioners and beneficiaries of H-1B and other nonimmigrant work categories. USCIS just announced that it has revised its policy manual and reverted back to the previous practice of giving deference to prior determinations when adjudicating extension requests. This totally makes sense. Why challenge an extension when the underlying facts have not changed and in most cases have...
Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...
Update June 19, 2023 Here's a recent approval of an I-485 filed in July 2021. Took almost 2 years. Update January 25, 2023 According to February's visa bulletin, it seems like the F2A category will no longer remain "current." If you are a dependent whose I-485 did not get approved with the principal's I-485, you may consider F2A and have the principal file an I-130 on your behalf. It's difficult...
Update October 23, 2024 We have some new data on H-4 standalone applications (Form I-539) from both the California and Vermont Service Centers. Based on the latest case samples, the processing times range from 3 to 6.5 months. The median processing time is approximately 3.5 months. The fastest approval was 3 months, while the slowest took 6.5 months. Note that standalone cases are rare as most...
DHS just released notices that it has suspended certain requirements governing employment for Venezuelan or Syrian F-1 students. These notices provide relief to citizens of Syria or Venezuela who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing...
The DHS may grant Temporary Protected Status (TPS) to nationals of certain countries who have experienced or are experiencing ongoing civil strife, environmental disaster, or other extraordinary and temporary conditions. In March 2021, President Biden designated Venezuela and Burma for TPS. We often hear questions about dual nationality as some nationals of TPS-designated countries are also...
