USCIS

US Citizenship and Immigration Services (used to be BCIS, INS)

USCIS Guidance on Expedited EADs for Healthcare and Childcare Workers

If you are a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application and your Employment Authorization Document (EAD) expires in 30 days or less or has already expired, you can request expedited processing of your EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.

USCIS Urges Eligible Individuals to Consider Applying for Adjustment of Status in the EB-2 Category Based on the April Visa Bulletin Date for Filing for India

Release Date 

03/17/2022

In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014.

USCIS Lockbox Filing Location Updates

USCIS recently updated the lockbox filing location information for the following USCIS form(s).  Please see the “Where to File” section of the webpage for your form.

Please visit the Lockbox Filing Locations Updates page for more information.

USCIS Reaches Fiscal Year 2022 H-1B Cap

Release Date 

02/28/2022

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:

USCIS will no longer accept a single combined payment on certain forms filed together with an H-1B or H-1B1 petition

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.

Success in responding to a denial of an I-130, Petition for Alien Relative, that was denied due to USCIS error

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer.

Status
The passport photos requested in the RFE were provided and we requested the adjudication be expedited due to clear USCIS error. The petition was approved as was an I-485 subsequent petition for the beneficiary.

Agency

Green Card

Immigration Law

Citizenship and Naturalization

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

Release Date 

02/18/2022

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

Success in responding to a Request for Evidence after filing an E-3 Petition

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.