Adjustment of Status – Employment Based

USCIS Expands Flexibility for Responding to USCIS Requests




In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID).
This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken.

Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.



USCIS Offices Preparing to Reopen on June 4




On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.

Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.



The December Visa Bulletin is Out!




December Visa Bulletin: Employment Based

December Visa Bulletin: Family Based

Notes:

India, EB-3 is January 1st, 2010

India EB-2 is May 22, 2009

For December, 2018 use the Dates for Filing Table.

Your priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.

If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

 



The October Visa Bulletin is out.




October 2018 Visa Bulletin Dates – Employment

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES VIETNAM
1st 01APR17 01JUN16 01APR17 01JUN16 01APR17 01APR17 01APR17
2nd C 01APR15 C 26MAR09 C C C
3rd C 01JUN15 C 01JAN09 C 01JUN17 C
Other Workers C 01MAY07 C 01JAN09 C 01JUN17 C
4th C C 15FEB16 C 22OCT16 C C
Certain Religious Workers U U U U U U U
5th Non-Regional Center
(C5 and T5)
C 15AUG14 C C C C 01JAN16
5th Regional Center
(I5 and R5)
U U U U U U U

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO  PHILIPPINES 
1st 01JUN18 01OCT17 01JUN18 01OCT17 01JUN18 01JUN18
2nd C 15JUN15 C 22MAY09 C C
3rd C 08AUG15 C 01OCT09 C 01JUL17
Other Workers C 01JUN08 C 01OCT09 C 01JUL17
4th C C 01MAY16 C C C
Certain Religious Workers C C 01MAY16 C C C
5th Non-Regional Center
(C5 and T5)
C 01OCT14 C C C C
5th Regional Center
(I5 and R5)
C 01OCT14 C C C C

 



USCIS Releases New Form Versions, Effective Immediately




From AILA.

Today, December 23, 2016, USCIS posted a large number of new form versions. The forms all have an effective date of today, December 23, 2016, and the website indicates that no other versions of the forms are acceptable, with the exception of Form I-129. It appears USCIS is accepting prior version of Form I-129. No prior notice of these changes was given, and there was no alert sent to stakeholders today.

AILA reached out to USCIS and made it clear that it should have given notice to stakeholders and to demand a grace period during which prior form versions could be submitted. AILA also noted that form vendors need time to reprogram the case management software systems. USCIS responded that while it strongly encourages people to use the new version of the forms, as indicated on its website, it is aware that there may be older editions of the forms that have already been completed and are in the queue to be mailed and/or filed. USCIS said that it will be flexible and will apply discretion when receipting forms, rather than rejecting them outright.

Affected forms include the following: I-90, I-102, I-129, I-129CW, I-129F, I-130, I-131, I-131A, I-140, I-191, I-192, I-212, I-290B, I-360, I-485, I-485 Supplement A, I-525, I-539, I-600, I-600A, I-601, I-601A, I-612, I-690, I-694, I-698, I-751, I-765, I-800, I-800A, I-817, I-824, I-910, I-924, I-924A, I-929, I-942, I-942P, N-300, N-336, N-400, N-470, N-600, and N-600K.



USCIS Adjustment of Status Filing Dates for October 2016




For Family-Sponsored Filings:
You must use the Dates for Filing Family-Sponsored Visa Applications chart in the Department of State Visa Bulletin for October 2016.

For Employment-Based Filings:
You must use the Dates for Filing of Employment Based Visa Applications chart in the Department of State Visa Bulletin for October 2016.

Link to USCIS page.

 



Visa Bulletin Changes




From: USCIS

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status.

The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin.

This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

  • Application Final Action Dates (dates when visas may finally be issued); and
  • Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

  • Documentarily qualified visa applicants reported by DOS;
  • Pending adjustment of status applications reported by USCIS; and
  • Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

  • The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.
  • Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.

 



September 2014 Visa Bulletin




The U.S. Department of State (DOS) has released its September 2014 Visa Bulletin.

The Visa Bulletin establishes per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications.

Foreign nationals may file applications to adjust their status to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

The September Employment Visa Bulletin shows:

The India EB-2 category moved forward by over 3 months to May 1, 2009.

The Philippines EB-3 category moved forward by 10 months to April 1, 2011.

Cutoff dates in most other employment-based categories remain unchanged.

Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 01MAY09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01APR11
Other Workers 01APR11 22JUL05 08NOV03 01APR11 01APR11
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C C C C C

 



RFE triggered by failing to answer affiliation question on I-485




USCIS is issuing RFE’s (Request for Evidence) regarding Part 3, Question C of the Form I-485, which asks about membership or affiliation with any organization, club, group, etc. as well as military service. Failure to complete this section without stating “None” is now triggering an RFE.



New I-94 Process




Earlier this year U.S. Customs and Border Protection (CBP) began phasing out the I-94 cards issued to nonimmigrant visitors and implementing a new online version.

Instead of receiving the white or green card stapled to the passport upon entry into the U.S. by sea or air, the CBP is endorsing the passport with an admission stamp that specifies the date of admission, class of admission and admitted until date.

The foreign national is required to visit the CBP website (https://i94.cbp.dhs.gov/I94/request.html), to retrieve the Admission (I-94) number.

This is done by entering his or her information as listed on the travel document used to enter the U.S. (e.g., name, date of birth, passport number, date of entry, and class of admission) and printing the page containing evidence of lawful admission and the expiration date of the authorized stay.

If the information is incorrect or unavailable, the foreign visitor may need to visit a local CBP office.

Foreign visitors entering by land will continue to be issued  paper I-94 cards upon entry.



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