USCIS Temporarily Increases Automatic EAD extension up to 540 days

Starting May 4, 2022, USCIS will increase the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The following employment eligible categories are eligible for an automatic: The eligibility category you listed on your Form I-765 renewal...

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...

USCIS Temporarily Waiving 60-Day Rule For I-693 Signatures

On December 9, 2021, USCIS announced that it is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (such as I-485). In October 2020, many applicants could not file their I-485 applications in October due to civil...

Sample RFE Template Targeting Green Card Applications for Liberian Refugee Immigration Fairness (LRIF)

Below is a sample Request for Additional Evidence (RFE) which is a form of challenge issued by USCIS. The RFE focuses on a pending green card application filed under the Liberian Refugee Immigration Fairness program (LRIF). This form of RFE may be considered a template RFE because it can be easily adapted and sent out to any pending green card application filed under LRIF. You may receive a...

COVID Vaccination is Now Required for USCIS Medical Exams

Update Post 09/16/2021 USCIS releases policy guidance highlighting the following: "..beginning October 1, 2021, applicants who are required to undergo the immigration medical examination must complete the COVID-19 vaccine series before the civil surgeon can complete the immigration medical examination and sign Form I-693." Original Post 08/31/2021 On August 25, 2021, the CDC announced that...

New I-485 Allows Applicants to Apply for SSN or Replacement Card

Update Post 09/28/2021 Original Post 08/10/2021 USCIS announced on August 9, 2021 that a new Form I-485 (edition date 03/29/2021) will allow applicants to apply for social security number (SSN) or a replacement SSN card. Previously, applicants had to apply for SSN at their local Social Security Office and may require multiple trips. The new form contains the following new section regarding SSN:...

Still Haven’t Received Biometric Appointment Notice? Not much you can do

Update 10/13/2021 Update 08/11/2021 Two more examples of extremely long wait times for biometrics appointment notice. An I-485 FB was filed on 09/03/2020. Biometrics Appt notice was issued 9 months later.An I-751 was filed on 12/17/2020. Biomtrics Appoint notice arrived 8 months later. Update 08/04/2021 Another example of a late biometrics appointment. I-90 was filed in September 2020....

The Supreme Court Rules TPS Is Not an Admission for Purposes of Adjustment of Status

The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...

Perpetual H-1B? Almost

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,...

Check with the Officer about the Sealed Medical Exam during Interview

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...