On May 11, 2021, USCIS announced that Biometric Services Appointment may now be re-scheduled by calling the USCIS Contact Center (800-375-5283). Applicants must establish good cause for rescheduling and must call before the date and time of their original appointment to reschedule. It seems applicants may still reschedule by mailing back the biometrics notice with the box checked for...
In response to the class action lawsuit (Zhang v. USCIS), USCIS provided certain relief to EB-5 investor clients who were adversely affected by USCIS’s “loan proceeds” policy. Under this policy, the Immigrant Investor Program Office (“IPO”) classified loan proceeds as “indebtedness” instead of "cash" and therefore denied the I-526 petitions of EB-5 applicants who invested...
Every year on July 1st, wages get updated. It may go up or down. But generally, changes are minor compared to previous years. To find the wages for the current year and previous years, employers may visit the wage library. In our experience, wages sometimes do change substantially from one year to the next. The example below shows the wage for a Financial Analyst decreasing from $56,098 in 2019...
Update April 19, 2023 USCIS has extended the suspension of biometrics requirements for H-4, L-2, or E nonimmigrant applicants until Sept 30, 2023. If the suspension applies to you, you do not need to submit a biometrics fee of $85 with your I-539 application. Original Post May 4, 2021 On May 3, 2021, USCIS announced that it will suspend biometrics requirement for individuals filing Form I-539 to...
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...
