NEWS
PERM/EB-2
USCIS Announces Inflation Adjustment to Premium Processing Fees
U.S. Citizenship and Immigration Services announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial [...]
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS).
Here We Go Again! Expedited Roll Out of New PERM Application Could Make Already Complicated Process Worse
AILA member Vaman Kidambi describes the challenges AILA members and others have shared about the expedited roll-out of the new PERM application form, and urges the Department of Labor to slow the roll-out in order to address valid concerns. READ MORE
U.S. proposes ‘huge’ fee increase for most green card applications
Last week, the U.S. Citizenship and Immigration Services ended public comment for a proposed fee increase unveiled by the Biden administration in January. The deadline for public comment was initially set for March 6, but was extended another week until March 13 due to a technical issue. Under the proposal, application fees for [...]
USCIS Extends COVID-19-related Flexibilities
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. 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, [...]
USCIS Issues Guidance on an Employer’s Ability to Pay
USCIS is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
The Kumars May Have to Go Home! The Dire Consequences of Delays in DOL’s PERM Processing
Most H-1B nonimmigrants who have been in the U.S. for over 5 years run the risk of not being able to extend their H-1B Visa beyond the sixth year. This is due to inordinate delays at the Department of Labor (DOL), with backlogs continuing to grow month after month… we are urging clients [...]
USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens [...]
USCIS Announces Exceptionally High Number of Employment-Based Visas Available in FY2022
USCIS updated its website to note that there are an exceptionally high number of employment-based visas available this fiscal year, October 2021 to September 2022. There are many more visas available in the first and second employment-based categories than AOS applications pending with USCIS.
USCIS Provides Updated Criteria for Determining If a Case Warrants Expedited Treatment
USCIS has updated the USCIS Policy Manual to reflect new guidance on how they determine whether a case warrants expedited treatment. The new guidance is effective immediately. This update: Clarifies the criteria and circumstances under which we generally consider expedite requests from nonprofit organizations as determined by the Internal Revenue Service Provides additional [...]
Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver
Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already complex situation, more difficult. The US Embassies in India have suspended all routine [...]
DOL Final Rule on Computation of Prevailing Wage Levels
The DOL published a final rule adopting, with changes, the interim final rule published at 85 FR 63872. The Rule is amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The rule is effective 3/15/21. (86 FR 3608, 1/14/21). Read the [...]
USCIS to Replace Sticker That Extends Validity of Green Cards
USCIS announced that starting in January 2021, it will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”) with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card. [...]
USCIS lockbox updates
Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six [...]
OFLC Announces Updates to Implementation of the Wage Protections Interim Final Rule in Compliance with District Court Order
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the Department) failed to show it had good cause to forgo advance notice and comment under the [...]
** BREAKING NEWS: ** District Court Sets Aside DHS Specialty Occupation and DOL H-1B Wage Rules
CA District Court Sets Aside DHS Specialty Occupation and DOL H-1B Wage Rules Yesterday, December 1, 2020, the District Court for the Northern District of California, set aside the IFRs issued by the Department of Labor and the DHS-USCIS (scheduled to take effect December 7th), finding that defendants “failed to show there [...]
Premium Processing Fee Increase Effective Oct. 19, 2020
USCIS today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of [...]
DOL and USCIS issue interim Final Rules
I. DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR will be published today, 10/8/20, and will be effective on the [...]
Fee Schedule for I-485 and other USCIS Filings
On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) As of September 30, 2020, many [...]
USCIS Fee increase Table. New Fee effective 10/02/2020
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. [...]