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Delays in USCIS to NVC Transfer Process for I-129F Petitions

Delays in USCIS to NVC Transfer Process for I-129F Petitions

There has been reports and examples of problems arising from USCIS transfers of I-129F petitions to the NVC. There has been a significant delay in the transfer of approved I-129F petitions from USCIS to the NVC, with the process taking an average of three to five months, much longer than anticipated. Upon receiving the petitions, the NVC’s creation of cases…

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Trends in EB-1A, EB-1B, and EB-2 NIW Adjudications

Trends in EB-1A, EB-1B, and EB-2 NIW Adjudications

It has been noted that a trend of Requests for Evidence (RFEs) and denials in EB-1A, EB-1B, and EB-2 NIW petitions that seem to diverge from established legal standards and USCIS policy guidance. These issues include, among others, imposing requirements beyond the agency’s authority, incorrectly merging the two-step adjudication process, and not adequately assessing evidence based on the “preponderance of…

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USCIS Clarifies Expedite Request Procedures in New Guidance

USCIS Clarifies Expedite Request Procedures in New Guidance

USCIS provided clarification on its handling of expedite requests concerning government interests and requests related to emergencies and urgent humanitarian situations. This includes details on how to submit expedite requests and how USCIS processes them. You can find detailed information on here: USCIS Updates Policy Guidance Clarifying Expedite Requests | USCIS

Remzi Guvenc Kulen Esq. Kulen Law Firm P.C.

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Lawsuit Challenges USCIS Fee Increase for Some Immigration Applications

Lawsuit Challenges USCIS Fee Increase for Some Immigration Applications

Advocates have filed a lawsuit in the U.S. District Court for the District of Colorado challenging the upcoming USCIS fee increase for certain immigration applications, set to take effect on April 1, 2024. The plaintiffs, including the American Immigrant Investor Alliance, IT Service Alliance, and an EB-5 investor, argue that the final rule implementing the fee changes should be preliminarily…

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USCIS Starts Batch Processing Some Employment Authorization Renewals

USCIS Starts Batch Processing Some Employment Authorization Renewals

USCIS has started processing renewal applications for employment authorization in batches for certain categories, including a17 (spouse of E nonimmigrant), a18 (spouse of L nonimmigrant), and c26 (H-4 spouse of H-1B nonimmigrant). A practice alert has been issued based on reports, noting that USCIS is issuing batched EADs with a common expiration date for these categories. Remzi Guvenc Kulen Esq.…

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March 2024 Visa Bulletin

March 2024 Visa Bulletin

USCIS determined that for March 2024, applicants in all family-sponsored preference categories must use the Dates for Filing chart and all employment-based preference categories must use the Final Action Dates chart. According to the March 2024 visa bulletin, the priority date for the Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent…

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The New Beneficiary-Centric H-1B Registration Process – Benefits Employees But Presents Challenges for Employers

The New Beneficiary-Centric H-1B Registration Process – Benefits Employees But Presents Challenges for Employers

By leveling the playing field, the beneficiary-centric approach will lessen the incentives for fraud and abuse. A single registration filed for a person will have the same chance of selection as several registrations filed for the same person. The new system greatly reduces the usefulness of gaming the system with several registrations only to increase the odds of selection, even…

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Advocacy for the Passing of the Asylum Seeker Work Authorization Act in Congress

Advocacy for the Passing of the Asylum Seeker Work Authorization Act in Congress

The 180-day waiting time that must pass before asylum seekers can obtain work permits negatively impacts those looking for protection, their communities, and the nation’s economy as a whole. A bipartisan bill in the House called the Asylum Seeker Work Authorization Act would do away with the 180-day waiting period. Remzi Guvenc Kulen Esq. Kulen Law Firm P.C.

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