Petitioners with pending U visa petitions are now eligible to receive EADs

On June 14, 2021, USCIS updated its policy manual to allow eligible U visa petitioners (victims of crime in the United States) access to employment authorization sooner. Currently, U visa petitioners are waiting approximately five years before receiving a determination that allows them access to an employment authorization document and grant of deferred action. Through this new process, USCIS...

Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner. Expedited Processing USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding...

Special Employment Authorization for Burmese F-1 Students

DHS will suspend certain requirements governing employment for Burmese F-1 students. This will provide relief to citizens of Burma who are lawful F–1 nonimmigrant students so that they may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. F–1 nonimmigrant...

Breaking: USCIS to Eliminate Biometrics Requirement for I-539 filers starting May 17, 2021

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...

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 approved without any docs. If doc is requested, some examples include a letter...

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 may consider F2A and have the principal file an I-130 on your behalf. It's difficult...

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 took 6.5 months. Note that standalone cases are rare as most...

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 course load while continuing...

F-1 OPT May Now be Filed Online via Online Form I-765

USCIS announced today that F-1 students seeking optional practical training (OPT) can now file online if they are filing under one of these categories: (c)(3)(A) – Pre-Completion OPT;(c)(3)(B) – Post-Completion OPT; and(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students. Keep in mind that the online I-765 is only for OPT. If one files...

CIS Ombudsman Provides Case Assistance on Receipt Delays, Biometrics Appointment, EAD delays

The CIS Ombudsman has issued an update regarding its services for case assistance. Receipt Delays If more than 90 days have passed since you filed a petition/application with USCIS, you may submit a request for case assistance with the CIS Ombudsman, and our office will reach out to USCIS to resolve your issue. If less than 90 days have passed since you filed a petition/application with USCIS,...