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Nonimmigrant Visas
Removal, Deportation and Exclusion
Petition for Amerasian, Widow(er), or Special Immigrant - USCIS Form Update
Updated USCIS form(s):
Petition for Amerasian, Widow(er), or Special Immigrant06/09/2020 09:15 AM EDTStarting Jan 4, 2021, USCIS will only accept the 06/09/20 edition. Until then, you can use the 04/12/18 and 12/23/16 editions. You can find the edition date at the bottom of the page on the form and instructions.For more information, please visit Forms Updates page.
PERM Processing Times (as of 10/31/2020)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | July 2020 |
Agency
Green Card
Immigration Law
PERM Processing Times (as of 10/31/2020)
These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed.
Please visit this page for PERM Processing Times (as of 10/31/2020)
Rajiv's News Clips - Indian nationals in Green Card queue to benefit from Biden administration - Economic Times
Published by : The Economic Times - Date: November 09, 2020
Quotes and Excerpts from Rajiv on the article:
“On the green card side, Mr Biden has expressly stated that he wants to remove the percountry quota. This change can also be introduced relatively quickly and the benefits could manifest within a year potentially,” said Rajiv S Khanna, Managing Attorney at immigration.com.
For more details please see the attachment below.
Nov 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed: Green card and other options for parents of US citizens || Porting priority date || L-1A to EB-1 || File new H1b with I 797B || Travel outside US with 485 pending || Downgrading to EB-3 with concurrent filing for I-485
USCIS Announces a Revised Naturalization Civics Test
Release Date 11/13/2020
WASHINGTON — U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019.
USCIS Updates Policy Manual Guidance on the Child Status Protection Act (CSPA)
Release Date 11/13/2020
USCIS is clarifying existing guidance on the Child Status Protection Act (CSPA) in the USCIS Policy Manual to address:
USCIS Updates Policy Guidance Regarding Discretionary Factors for Adjustment of Status Applications
Release Date 11/17/2020
U.S. Citizenship and Immigration Services is updating existing policy guidance in the USCIS Policy Manual regarding the exercise of the secretary of the Department of Homeland Security’s discretion in adjudications of adjustment of status applications.
DHS Proposes to Limit Work Permits for Aliens with Final Orders of Removal
Release Date 11/17/2020
Rule will encourage these aliens to depart the country
USCIS Updates Policy Guidance on Naturalization Applicants Who Did Not Properly Obtain Lawful Permanent Resident Status
Release Date 11/18/2020
On Nov. 18, U.S. Citizenship and Immigration Services updated policy guidance in the USCIS Policy Manual to clarify the circumstances when USCIS would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.
USCIS Reaches H-2B Cap for First Half of FY 2021
Release Date 11/18/2020
U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2021. Nov. 16 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021. USCIS will reject new cap-subject H-2B petitions received after Nov. 16, that request an employment start date before April 1, 2021.
DHS Extends Form I-9 Requirement Flexibility (11/18/20)
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
Nov 19, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 19 November 2020:
EB-1C eligibility after company transition while pending I-485 and L-1A extension || Post completion OPT and employment issues || Canadian citizen applying for TN visa during presidential proclamation ||Sharing misdemeanor details of spouse while filing for green card || Document Checklist for I-485 Adjust of Status || Consular processing and green card when priority date is current||Transition from F-1 to H-1B || H-1B Visa expiring, extension and delay due to wage rate increment || I-485 filing and issues related to primary and derivative applicant || How long for an interview after the priority date becomes current || H-1B visa potential immigration issues for being outside the USA for more than a year during pandemic || Laid off due to Covid and the effect on adjudication of STEM OPT visa || AC21 portability, I-140 and starting a new venture || 221g administrative processing and H-1B visa stamping || Presidential Proclamation and H-1B visa stamping || Change of status from J-1 to F-1 Visa and Biometrics || Understanding the Visa Bulletin || H-1B and prevailing wage levels || Employment Authorization in compelling situations
Visa Bulletin - December 2020
Number 48
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December 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
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
DOL Publishes FAQs On H-1B, H-1B1 And E-3 Programs
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
USCIS Reaches FY 2011 H-1B Cap
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
USCIS Announces Beta-testing Of VIBE Tool
| Validation Instrument for Business Enterprises (VIBE) Program |
Introduction
The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
USCIS Reminds Petitioners to Complete Part 6 of Form I-129
In November 2010, USCIS published a revised Form I-129, Petition for a Nonimmigrant Worker, which became effective on Dec. 23, 2010. Due to a number of inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States", USCIS advised petitioners that they would not be required to complete this section until Feb. 20, 2011. Petitions postmarked on or after Feb. 20, 2011, must complete Part 6 of the Form I-129.
Statement of Intent Regarding Filing Requirement for Attorneys and Accredited Representatives Participating in Group Assistance Events
The Department of Homeland Security (DHS) supports the efforts of immigration practitioners who volunteer to assist aliens at community events. U.S. Citizenship and Immigration Services (USCIS) announced that, until further notice, DHS Disciplinary Counsel does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) in relation to pro bono services provided at group assistance events.