The May 2021 visa bulletin has been released. It is available here. Employment-based petitions must refer to the Final Action chart, not the Dates for Filing chart. The dates for all employment-based applicants have progressed. The employment-based dates are as follows: EB-1 is current for all countries. EB-2 is current for all countries except China (December 1, 2016) and India (August 1, 2010). EB-3 is current for all countries except China (March 15, 2018) and India (February 1, 2011). EB-3 Other Workers is current for all countries except China (August 1, 2009) and India (February 1, 2011 ..read more

The American Immigration Council, a non-profit, non-partisan organization which advocates for immigrant rights, issued a press release on March 23, 2021, regarding the current situation at the U.S. – Mexican border. Here are five facts to know: Border arrivals have been rising since April 2020, when President Trump began expelling all individuals apprehended at the border under Title 42 of the U.S. Code. Single adults account for most of the increase. In February 2021, 71% of all people encountered at the border were single adults. The number of families arriving at the border is still half w ..read more

The April 2021 visa bulletin has been released. It is available here. Employment-based petitions must refer to the Final Action chart, not the Dates for Filing chart. The dates for all employment-based applicants have progressed. The employment-based dates are as follows: EB-1 is current for all countries. EB-2 is current for all countries except China (September 1, 2016) and India (May 1, 2010). EB-3 is current for all countries except China (March 15, 2018) and India (September 1, 2010). EB-3 Other Workers is current for all countries except China (June 1, 2009) and India (September 1, 2010 ..read more

On February 26, 2021, USCIS announced flexibilities for optional practical training (OPT) for F-1 students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021. Here is a list of the changes USCIS is implementing: 14-month OPT Period Flexibilities To give F-1 students the opportunity to complete the full period of requested OPT (up to 12 months), USCIS will allow the 14-month period to commence from the approval date of their Form I-765 ..read more

The March 2021 visa bulletin has been released. It is available here. Employment-based petitions must refer to the Final Action chart, not the Dates for Filing chart. The dates for all employment-based applicants have progressed. The employment-based dates are as follows: EB-1 is current for all countries except China (August 1, 2020) and India (August 1, 2020).  EB-2 is current for all countries except China (July 15, 2016) and India (January 15, 2010). EB-3 is current for all countries except China (February 8, 2018) and India (July 1, 2010). EB-3 Other Workers is current for all countr ..read more

Two recent lawsuits have challenged USCIS rules implemented under the former administration. The rules increased processing times for H-4s and H-4 EADs. Before March 2019, USCIS typically adjudicated H-1B petitions with any H-4 dependent petitions and H-4 EAD applications. Now, USCIS can take two years to process many H-4 applications. Current processing times at the California Service Center for I-539 H dependents are 19 – 24.5 months. Wait times increased after USCIS began requiring H-4 spouses to supply biometrics. In Kolluri v. USCIS, filed in September 2020, plaintiffs charged that the bi ..read more

Today, President Biden signed three significant executive orders affecting the immigration system. The first creates a task force to reunite families separated at the border. The second reforms the asylum system at the border. The third calls for a full reevaluation of rules and regulations which the Trump administration implemented to make legal immigration more difficult. It also partially revokes and reevaluates the public charge rule, which imposed financial barriers to obtaining green card status. Please find the White House fact sheet here. In more detail, today’s executive actions will ..read more

The February 2021 visa bulletin has been released. It is available here.  Employment-based petitions must refer to the Final Action chart, not the Dates for Filing chart. The dates for all employment-based applicants have progressed. The employment-based dates are as follows: EB-1 is current for all countries except China (Jan 1, 2020) and India (Jan 1, 2020).  EB-2 is current for all countries except China (Jun 15, 2016) and India (Oct 12, 2009). EB-3 is current for all countries except China (Jan 1, 2018) and India (April 1, 2010). EB-3 Other Workers is current for all countries ex ..read more

On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of its policy allowing flexibility in requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance, issued on March 20th, 2020, was set to expire on December 31, 2020. Because of ongoing precautions related to COVID-19, DHS has extended this policy an additional 30 days until January 31, 2021. Employers operating remotely due to COVID-19 are not required to review an employee’s employment eligibility documen ..read more

Those who filed an application or petition with a USCIS lockbox facility may experience a four to six week delay in receiving receipt notices. These delays are due to a number of factors, including COVID-19 restrictions, an increase in filings, and high postal service volume. Receipt dates are unaffected by these delays, as they are determined pursuant to 8 C.F.R. 103.2(a)(7). Delays may vary across form types and lockbox locations. Those filing Form I-485, Application to Register Permanent Residence or Adjust Status, and F-1 students filing Form I-765, Application from Employment Authorizatio ..read more