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 July 26, 2023 We are glad to share some new insights into the current processing timelines for stand-alone I-539 and H-4 extensions. As of our recent observation, a stand-alone I-539 (H-4 extension) application took roughly four months for processing. However, it's important to note that when H-4 and H-4 EAD applications are filed concurrently with a premium processed H-1B application,...

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,...

OPT and STEM OPT Ruled Valid

Foreign students can breathe a sigh of relief as a US District Court Judge concluded that DHS did not exceed its statutory authority under the INA in issuing the 2016 STEM Optional Practical Training (OPT) rule, and thus found that both the 12-month OPT and the STEM OPT extension programs are lawful. OPT grants foreign student upon graduation the opportunity to work lawfully for one year and...

H-4 EAD is Here to Stay

In response to Ron Klain's Memo to delay all “midnight regulations”, the proposed rule “Removing H-4 dependent spouses from the class of aliens eligible for employment authorization” will not only be delayed but completely withdrawn by the Department of Homeland Security. Although many may now breath a sigh of relief, the current processing time for H-4 EAD is still a huge impediment....