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USCIS to Offer Premium Processing for Certain I-765 EAD Applications (Work Permits)
USCIS published a final rule called Implementation of the Emergency Stopgap USCIS Stabilization Act in the Federal Register at 87 FR 18227 (March 20, 2022). This rule went into effect on May 31, 2022. One of the provisions in this rule is the option for people to pay an optional premium processing fee (it’s an expedite fee) to get their work permits processed sooner. However, the payment of the premium processing fee is not available for work permit applications yet and will become available once USCIS completes all the necessary logistical steps to get it implemented. USCIS stated that it plans to implement this in the fiscal year 2022. See…
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Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change, U.S. Citizenship
Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…
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The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy
I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…
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Public Charge Rule Updates and Other U.S. Immigration Changes Due to COVID-19
No one can deny that this year has been full of uncertainty and changes because of the pandemic. I cannot think of one sector or industry that has not been affected in one way or another, including our U.S. immigration system. Many changes have happened and as attorneys, we have had to navigate our way through these unprecedented times staying up to date on current events and how they will be affecting our clients’ cases. Within our immigration system, there are many different areas. For example, we have the immigration courts, the U.S. Department of State, USCIS (U.S. Citizenship and Immigration Services), and the National Visa Center (NVC). Because of…
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President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas
On June 22, 2020, President Trump issued a proclamation that suspends issuance of H-1B, H-2B, J and L visas until at least December 31, 2020. The suspension could be extended depending on the circumstances at that time. This proclamation also extends the proclamation from April 22, 2020, that bans certain immigrants from coming into the U.S. until the end of the year, which was originally set to expire sixty days later. I had written a blog post about that proclamation here. This current proclamation only affects people who are currently outside the U.S. who want to get one of those types of visas to come into the U.S. If a…
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Changes to the U.S. Immigration System During COVID-19 Pandemic
The term “social distance” is a term we are seeing everywhere now. Most of us have never experienced what we are experiencing now in the world and understandably many are scared, anxious, and nervous. I cannot think of one industry that has not been affected by this. Below is a summary of how our U.S. immigration agencies, systems, and procedures have been impacted. This is a rapidly changing situation so I will continue to monitor it. As of March 18, 2020, U.S. Citizenship and Immigration Services (USCIS) has put a hold on routine in-person services at least until May 3, 2020, to help slow the spread. These in-person services include…
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The Coronavirus (COVID-19) and the Impact on U.S. Immigration
The coronavirus has been a top news story for the past several weeks, and it has had an impact on many things such as travel, people buying supplies in anticipation of having to be quarantined that would keep them from work and school, shortage of masks, the impact on the economy, and many more things. It has also had an impact on U.S. immigration. This week, the local Seattle USCIS office (U.S. Citizenship and Immigration Services) closed because an employee had visited a family member at the Life Care Facility in Kirkland, WA, where there was a coronavirus outbreak. That closure affects cases that are being processed at that office…
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October 2019 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. Here is the October 2019 visa bulletin. You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…
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What You Need to Know About the New Public Charge Rule Effective 10/14/2019
**UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020. A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status. Applicants will have to prove that they are self-sufficient and will not become a public charge. In other words, people who are applying for a green card, change of status,…
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Specialty Chefs and Green Cards
Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes. However, there is a solution to this ongoing problem. There is a caveat to this, which is the understanding that it is not a process…
