Posts
Notes and updates on immigration law.
Finally – USCIS is Reverting Back to Pre-Trump Policy of Giving Deference to Prior Determinations
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…
Expediting a Pending I-765 EAD
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…
I-485 EB Processing Update
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…
USCIS Processing Update: H-4 / H-4 EAD
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…
Special Employment Authorization for Venezuelan or Syrian F-1 Students
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…
Dual Nationality and TPS
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…
Follow the H-1B Selection Notice
We are currently in the filing phase of this year’s cap-subject H-1B season. As we send out completed forms for review and signature, we often receive questions about how the beneficiary was selected in the registration lottery. During H-1B registration, a beneficiary may qualify for the Master’s cap exemption as long as they have or…
U Visa Approval and Denial Rates from FY2016 to FY2020
USCIS just released data on the I-918 U Visa approval and denial rates by petitioner state and year from FY2016 to FY2020. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation…
Flyer for Permanent Residents Facing Travel Issues
Below is a helpful flyer for LPRs returning from extended stays overseas. Please also see our related post: Potential Issues Faced by Returning LPRs after Extended Stays Overseas
FAQs on the Immigrant Visa Backlog
Update Post June 15, 2021 Due to covid, there’s a significant backlog for immigrant (IV) and nonimmigrant visa (NIV) applicants waiting a visa interview. U.S. embassies and consulates are using a tiered approach to triage IV applications based on the category of immigrant visas as they resume and expand processing. Scheduling of appointments are prioritized…