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Sept 29, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
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?
Visa Bulletin For November 2022
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.
Agency
Green Card
Immigration Law
USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022
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:
PERM Processing Times (as of 9/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
AAO Processing Times (July - September 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 |
Immigration Law
DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2023
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
Recording of October 13, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
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
Filing Guidance for CW-1 Petitions Seeking to Extend Status
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).
USCIS Extends COVID-19-related Flexibilities
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:
Important Student Resources
Some other useful student resources:
Form DS-160
Online Nonimmigrant Visa Application (DS-160)
USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement
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.
Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv
Nonimmigrant Visas
Immigration Law
Green Card
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? ||
I-485 Pending Inventory Updated - January 2014
I-485 Pending Inventory has been updated for the month of January 2014. The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.
Guestbook Entry for Sriram, United States
DOL Releases FY2011 PERM Statistics
Please see the attachment to view the PERM Statistics.
New Standard Occupational Classification (SOC) 2010 Updated
In January 2010 the BLS Standard Occupational Classification (SOC) was updated. This year the BLS Occupational Employment Statistics (OES) began issuing prevailing wages using the new SOC occupations and a few transitional occupations. The OFLC iCERT system and FLC Data Center incorporated this data as of July 5, 2011. To read the full text, please click here.
CRS Report On Temporary Protected Status: Current Immigration Policy and Issues
Please check the attachment to view CRS report on "Temporary Protected Status: Current Immigration Policy and Issues".
DOL Posted New H-2A FAQ
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2A program. The FAQ is available here on the FAQs page of the OFLC website under the H-2A heading.
DOL Posted FAQ to Assist Employers and Others Regarding the H-2B Program
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others regarding the H-2B program.
Please check attachment.
Guestbook Entry for Mohammed Yaseen, United States
Attention: University of Northern Virginia Students
- On July 28, 2011, pursuant to a review of University of Northern Virginia’s (UNVA) certification, an SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school’s SEVP-certification and SEVIS access.
Please see http://www.ice.gov/sevis/UNVA/ for details.
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