U.S. Citizenship and Immigration Services (USCIS) has announced that it is strongly encouraging applicants for adjustment of status (Form I-485) in the employment-based third preference category, if they are eligible to do so, to transfer the underlying basis of their applications to the first or second employment-based preference categories. This is because there are an
Marko C. Maglich
Employment-Based Preference Visa: Transfer Underlying Basis for Pending Green Card Application
For the first time, USCIS has advised people with a pending green card application of its documentary requirements for transfers between employment-based classifications and issued an alert regarding the process.
The “exceptionally high number of employment-based [immigrant] visas available this fiscal year” has prompted USCIS to encourage U.S. employers petitioning for employees to utilize either…
Biden Revokes Immigrant Visa Ban
President Joe Biden has revoked the immigrant visa ban because he believes it did not advance the interests of the United States, but instead harmed United States industries, families, and diversity immigrant visa lottery winners.
The ban was put in place by former President Donald Trump in April 2020 on the stated ground that…
USCIS Switches to ‘Dates for Filing’ Chart for Employment-Based Adjustment of Status for October
While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow employment-based adjustment of status applicants to file based upon the U.S. Department of State’s (DOS) October “Dates for Filing” chart.
This means that individuals…
Trump Administration Abruptly Rescinds Controversial Rule on Foreign Students
In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in F-1 or M-1 nonimmigrant status. Foreign students will now be able to enter the United States and remain even if they are…
L Intracompany Transfers Pilot Program for Canadian Citizens
USCIS and CPB at the Blaine, Washington, Port of Entry (POE) have formally announced that from April 30, 2018, until October 31, 2018, the agencies jointly will implement a pilot program for Canadian citizens seeking entry in L status pursuant to NAFTA.
L-1 admission is for intracompany transfers into the U.S. of managers, executives, and …
ALERT: Possible Change in Processing of L-1 NAFTA Applications
According to CBP personnel, a pilot program is being developed that would eliminate “instant” border adjudications of L-1 NAFTA applications. The pilot program is expected to be introduced at the Blaine, Washington port of entry. At this time, processes and procedures are still under review and consideration but it appears that the current CBP border…
Insights: AOS Interviews Begin
The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview.
Although there is no formal guidance as yet, there have been some reports on what to expect.
The Process…
L-1 Visa Applicants on Blanket L Petition Must Use of New Form I-129S starting August 29, 2016
The Department of State reportedly has confirmed that starting August 29, 2016, U.S. consular posts (i.e., embassies, consulates general, and other U.S. missions abroad) will accept only USCIS’s new, June 2, 2016, version of Form I-129S from L-1 nonimmigrant intracompany transferees. This is in line with USCIS’s prior announcement, at www.uscis.gov: “Starting 08/29/2016, USCIS …
Federal Immigration Authorities Suspend President’s Two New Deferred Action Programs in Response to Federal Court Injunction
Federal Judge Andrew Hanen of the Southern District of Texas has ordered the suspension of two key aspects of President Obama’s November 2014 Executive Action on immigration: (1) the expansion of the “DACA” (Deferred Action for Childhood Arrivals) program and (2) the new “DAPA” (Deferred Action for Parents of Americans and [of] Lawful Permanent Residents).…