The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. On August 23, 2022, USCIS announced that it reached H-1B Cap for FY2023. That means USCIS received…
At the beginning of the Covid-19 pandemic, USCIS announced that it would accept copies of original signatures for petitions and applications sent to USCIS in paper form temporarily. As of July 25, 2022, USCIS announced that it will continue accepting copies of original signatures on all forms and documents. The petitioners, applicants, and their attorneys can submit a scanned, faxed,…
USCIS recently updated its Policy Manual to provide important guidance on evidence that can be used to support O-1A petitions which focuses on nonimmigrants of extraordinary ability in STEM fields (science, technology, engineering, and mathematics). USCIS states that “Being named on a competitive government grant for STEM research can be a positive factor toward demonstrating that a beneficiary is at…
USCIS announced that it is extending flexibilities previously announced on March 30, 2020, to assist applicants and petitioners who are responding to certain agency requests in response to the COVID-19 pandemic. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and October 23, 2022. This includes Requests for Evidence, Notice…
Agencies verifying the eligibility of applicants for benefits are frequently presented with an I-765 Employment Authorization Document (EAD). To assist agencies in determining the applicant’s eligibility, they refer to some specific EAD category codes and the provisions of the federal regulations. (c)(11) is one of those categories. Aliens paroled into the United States in the public interest or temporarily for…
Back in May 2021, Customs Border Protection issued guidance allowing U.S. citizens to use their expired U.S. passports, whose passport expired on or after Jan. 1, 2020, to return to the U.S. through June 30, 2022. This temporary rule was efficient to solve the issue of the long waiting period to renew a U.S. passport from abroad which was caused…
DOS posted the visa bulletin for August 2022. USCIS determined that for August 2022, all family-sponsored preference categories must use the Dates for Filing chart in the Visa Bulletin and all employment-based preference categories must use the Final Action Dates chart. According to the August 2022 visa bulletin, visa numbers will still be current for Second preference (F2A) – spouses…
On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) published a final rule entitled, Implementation of the Emergency Stopgap USCIS Stabilization Act.2. In this final rule, USCIS codifies multiple changes to the premium processing benefit and clarifies when USCIS is to implement premium processing updates. On May 24, 2022, USCIS announced that it will begin accepting Form I-907 (Premium Processing…
I-907 is a form that petitioners use to expedite the processing of form I-129, Petition for a non-immigrant worker, and I-140, Immigrant Petition for Alien Workers. According to this notice, starting May 31, 2022, USCIS will not accept a single, combined fee payment when an applicant or petitioner files Form I-907 with another form. The Form I-907 fee must be…
Starting June 12, 2022, CDC will no longer require air passengers traveling from a foreign country to the United States to provide a negative COVID-19 viral test or documentation of recovery from COVID-19 before they board their flight. This means all air passengers, regardless of citizenship or vaccination status, are no longer required to show a negative viral COVID-19 test…