PERM Processing Times (as of 08/31/2018)
As of September 4, 2018, USCIS transferred some of the following cases from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center:
For more information, see Workload Transfer Updates page.
On Sep. 10, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont service centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices. When filing at a Lockbox facility, petitioners have the option to pay the fee with a money order, personal check, cashier’s check, or credit card.
Visa Bulletin For October 2018
Number 22
Volume X
Washington, D.C
A. STATUTORY NUMBERS
Sept 13 Conference Call, Topics of Discussion
Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018
On Sept. 6, 2018, the CIS Ombudsman (CISOMB)1 held a stakeholder teleconference to discuss the USCIS “Issuance of Certain RFEs and NOIDs” policy memorandum (PM) that was issued on July 13, 2018. USCIS representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB. The updated policy went into effect on September 11, 2018. Below is the link of the summary of the PM and the advance questions and answers from the teleconference.
USCIS Case Status Online09/13/2018 12:00 AM EDTAgency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: USCIS Case Status OnlineMedical Certification for Disability Exception09/13/2018 12:00 AM EDTAgency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Medical Certification for Disability Exception
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel. A consultation letter from a U.S.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the agency will celebrate Constitution Day and Citizenship Day, observed on Sept. 17, with over 260 naturalization ceremonies across the country from Sept. 14 to 23 as part of this year’s celebration of Constitution Week.
USCIS is sending text and email messages between Sept. 17 and Sept. 20, 2018, about filing Form I-90, Application to Replace Permanent Resident Card online. If you are a lawful permanent resident and your Green Card has expired or is about to expire, or if you need to replace it for another reason, you may file Form I-90 online. Go to the Form I-90 page on the USCIS website to begin your online application process.
USCIS has published a revised version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives that had been added to the 05/05/16 and 05/23/18 versions of the form.
USCIS is proposing to revise our Form I-912, Request for Fee Waiver, to remove the receipt of means-tested benefits from the eligibility criteria. A means-tested benefit is a public benefit where eligibility for the benefit, the amount of the benefit, or both, is based on an individual’s income level. Eligibility for these benefits can vary from state to state, depending on the state’s income level guidelines.
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
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.
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.
| DATE | Chart for all Employment - Based I-485 Pending Inventory |
| July, 2018 |
This Update provides helpful hints for U.S. citizens and non-U.S. citizens on when to change your address with the U.S. Citizenship and Immigration Services (USCIS) and do it.
Changing an address with the various Federal immigration components can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman's Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), the U.S. Department of State (DOS), and/or the U.S. Department of Labor (DOL) of any change in address. Mail forwarding is not always rapid or reliable.
A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad. In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.
The following three points apply for all immigration benefits applications (see exceptionsbelow) requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:
Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.
The following forms are subject to exceptions to the above requirements.
To find the Application Support Centers (ASCs) closest to you, see the "USCIS Service and Office Locator" page. You can also call our toll free number at 1-800-375-5283.
Related links
Safety & Security of U.S. Borders: Biometrics
Fingerprints & Other Biometrics
Identification Record Request/Criminal Background Check
Upgrade to 10-Fingerprint Collection
Biometrics -DHS
USCIS Ombudsman Case Assistance Online pilot program, a new initiative allowing paperless submission of assistance requests. The pilot program is currently available in Texas and DC, with plans to expand nationwide in fall 2011.
As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.
Release Date: August 2, 2011
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S.