USCIS May Lose Your RFE Response

Yes, it's true that your filings may get lost after they've been delivered to USCIS. In our experience, it's extremely rare for USCIS to lose a package after it has been delivered to its facility. Oftentimes, it's the carrier that may have lost/damaged the package while on route to USCIS. This may happen due to no fault of anyone such as extreme weather or a car accident. For time-sensitive...

I-601A RFEs

Since 2013, certain aliens who are only inadmissible based on the 3-year or 10-year unlawful presence bar may seek a provisional unlawful presence waiver while present in the United States by filing Form I-601A, Application for Provisional Unlawful Presence Waiver. An approved provisional unlawful presence waiver is not effective unless and until the alien departs from the United States, appears...

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...

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...

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 and in most cases have...

What Happens to My Pending H-1B Extension After My Green Card is Approved?

The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...

Fast H-1B Approval Without Premium

Update 10/18/2021 This is another cap-subject petition filed with the California Service Center on 10/06/2021. H-1B was approved on 10/13/2021. Total Processing time is just 7 days. Update 10/07/2021 Another fast approval. This is a cap-subject petition filed with the California Service Center on 09/17/2021. H-1B was approved o 09/28/2021. 11 days in total. Update 10/01/2021 It's a great feeling...

Trump’s “Buy American and Hire American” order has been Rescinded by Biden

President Biden signed executive order on January 29, 2021 which revokes the "Buy American and Hire American" executive order signed during the Trump era. The BAHA order signed in 2017 led to initiatives that dramatically increased scrutiny of H1B and L1. Overall challenges in the forms of requests for evidence increased at one point to over 60%. Attached is the flyer from USCIS touting its...

Additional Time Added for Responding to USCIS notices

Update 12/30/2021 USCIS announced continued flexibility for responding to notices such as RFEs. For notices issued between March 1, 2020 to March 26, 2022, USCIS will consider a response received on time if it was received within 60 calendar days after the response due date set in the request or notice. Update Post 09/24/2021 Another Extension. USCIS continues to give additional time for...