A Look at STEM-Related Petition Trends in EB-2 and O-1A Categories (FY 2018 – FY 2023)

The landscape of U.S. immigration for STEM (science, technology, engineering, and mathematics) professionals has seen significant changes in recent years. In January 2022, U.S. Citizenship and Immigration Services (USCIS) revised its policy guidance, impacting two key visa categories: the EB-2 National Interest Waiver (NIW) and the O-1A nonimmigrant status for individuals of extraordinary...

Proffered Wage Must Exceed State’s Minimum Wage, Not Just the Prevailing Wage (Federal)

As DOL continues to experience delays in issuing PWD and adjudicating PERM applications, employers must be careful when setting the proposed wage during the PERM process. It must exceed not just the prevailing wage as set by DOL but also exceed the state's (where worksite is located) minimum wage. You do not want to wait 1.5 to 2 years for the PERM to be certified only to find that the I-140 was...

USCIS No Longer Recognizes ACICS-Accredited Schools Impacting Some STEM OPT, H-1B and I-140

On August 19, 2022, the US Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. On November 1, 2022, USCIS announced how the loss of recognition will impact certain immigration benefit applicants. Students from impacted schools should contact their DSO immediately and discuss how to maintain their status....

USCIS Expands Premium Processing to I-140 EB1 (EB1-C) and I-140 EB-2 (NIW)

Update Post, January 12, 2023 Starting January 30, 2023, premium processing will be available to new and pending: -E13 multinational executive/manager petitions. I-140 (NIW) -E21 NIW petitions no more phased expansion of premium processing. I-140 (EB-1C) Update Post, September 16, 2022 USCIS continues to expand premium processing for certain petitioners who have a pending Form I-140, Immigrant...

USCIS posts alert about “Transfer the Underlying Basis” and creates inflated expectations over EB I-485 applications

Update 06/28/2022 We are now seeing the results of the requests to transfer the underlying basis ("relink"). We started filing the requests in February. Below is a sample. In addition to sending out the written request to relink, our advice is to follow up on that request by calling USCIS and initiating a service inquiry. Client has both I-140 EB2 and I-140 EB3. I-140 485 EB3 Concurrent Filing...

I-140 Processing Time

The processing times here generally cover PERM-based I-140s. EB-1a, EB-1b, and EB-2 NIW will be highlighted in other posts. Update 11/24/2023 We are back with some more updates on I-140 processing times. EB-2 Approval at Texas Service Center Filing Date: May 4, 2023 Approval Date: October 2, 2023 Duration: Approximately 5 months USCIS Posted Processing Time: 6.5 months EB-3 Approval at Nebraska...