Discussion Topics, Sept 29, 2022
FAQs
STEM extension expiring, options to stay in USA, Is Day 1 CPT it safe and legal?
Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Options if employment-based I-485 is denied?
How can I maintain my H-1B while working outside the USA?
Number 71
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Release Date
10/11/2022
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance (PDF, 342.87 KB) in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.
Policy highlights include:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | May 2022 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.85% | 791 | |
| I-129F | Petition for Fiancée | 100% | 18 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker | 94.87% | 39 |
| I-129H3 |
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
Discussion Topics:
FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM
Release Date
10/18/2022
U.S. Citizenship and Immigration Services will consider certain CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
USCIS is providing this limited accommodation to facilitate the current Temporary Labor Certification (TLC) processing delays at the U.S. Department of Labor (DOL).
Release Date
10/24/2022
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:
Some other useful student resources:
Online Nonimmigrant Visa Application (DS-160)
Release Date
10/27/2022
U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
The link https://www.uscis.gov/forms-updates lists updates to forms as USCIS publishes them, along with a brief explanation of the nature of the update. For forms updates older than 5 years, see USCIS Archive.
Nearly $10 Million in Funding to Support Citizenship Preparation Programs in 21 States
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today awarded nearly $10 million in grants under two funding opportunities to 46 organizations that will help permanent residents prepare and apply for U.S. citizenship. Located in 21 states, these organizations will receive federal funding to support citizenship preparation services for permanent residents through September 2018.
In response to statutory requirements, the Department of Homeland Security (DHS) will allow up to 12,998 nonimmigrants in fiscal year (FY) 2017 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
Analyst Review |
June |
2016 |
Audit Review |
January |
2016 |
Reconsideration Requests to the CO |
July |
2016 |
ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa program intended to reduce burdens on employers and streamline the adjudication of temporary need.
Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
Number 97
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
USCIS urges prospective H-2B employers seeking to hire potential “returning workers” with employment start dates in fiscal year (FY) 2017 to continue to identify these workers and provide the H-2B Returning Worker Certification.