Articles Posted in Highly Skilled Workers

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We kickoff the start of a brand new week with some new developments in the world of immigration.


USCIS Transfers Certain H-1B Petitions to the California Service Center


On June 16, 2022, the U.S. Citizenship and Immigration Services announced that certain H-1B petitions, including fiscal year (FY 2023) cap subject H-1B petitions, going through the intake process at the Vermont Service Center (VSC) will be transferred to the California Service Center (CSC) where they will go through data intake and adjudication.

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Did you file an EB-2 National Interest Waiver petition on or before June 1, 2021, and still haven’t received a decision? What about an EB-1 petition as a multinational executive or manager filed on or before January 1, 2021? If so, be prepared for some exciting news!

USCIS recently announced the news we have all been waiting for. The agency will soon allow such applicants to upgrade their petition to Premium Processing Service by filing Form I-907, Request for Premium Processing Service, and paying the required filing fee.


What is this next update all about?


On May 24, 2022, USCIS released a news alert notifying the public that it will expand premium processing service for certain petitioners who have filed a pending Form I-140, Immigrant Petition for Alien Worker under the EB-1 multinational executive/managers and EB-2 NIW immigrant classifications.


Who does this update apply to?


To qualify for premium processing service, you must have applied for your I-140 either under the E13 multinational executive, E13 manager classification, or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Those who fall under the above categories will be eligible to upgrade their petitions by requesting premium processing service and filing Form I-907, Request for Premium Processing Service provided they filed their petitions with USCIS within a certain time period as discussed below.


When can I apply?


  • USCIS will accept premium processing service requests for E13 multinational executive and manager petitions starting June 1, 2022, but only for those E13 executive and manager petitions that were received by USCIS on or before January 1, 2021.
  • Additionally, USCIS will accept premium processing service requests for E21 National interest Waiver petitions, starting July 1, 2022, but only for those E21 NIW petitions that were received by USCIS on or before March 1, 2021.
  • Starting July 1, 2021, USCIS will also accept premium processing service requests, but only for those E13 multinational executive and manager petitions that were received by USCIS on or before March 1, 2021. 

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USCIS is about to make it a lot easier for certain noncitizens to remain employment authorized. On May 3, 2022, the agency announced a new Temporary Final Rule (TPR) that automatically extends the period of employment authorization on Employment Authorization Documents (EADs) from 180 days up to 540 total days.

The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This new regulation became effective as of yesterday, May 4, 2022, and will be in effect until October 15, 2025. Once the regulation reaches its time limit, the automatic extension will revert to 180 days.

USCIS decided to issue this new policy to prevent employment interruptions for noncitizens that have pending EAD renewal applications with the agency (Form I-765 Application for Employment Authorization).


Who qualifies for the automatic extension?


The additional extension of up to 540 total days will be available only to renewal applicants who timely file a Form I-765 renewal application with USCIS from the period of May 4, 2022, to October 26, 2023, and who were previously eligible to receive the 180-day automatic extension.

For those who file their Form I-765 renewal application after October 26, 2023, the normal 180-day automatic extension period will apply.


You are eligible for the automatic extension if you:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Were otherwise eligible for a renewal, meaning that:
    • Their renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Which categories are eligible?


You must be in one of the following employment eligible categories to be eligible to receive an automatic extension of up to 540 days and your renewal application must be timely filed by October 26, 2023:

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We kick off the start of a brand-new week with the latest in the world of immigration. This week we are excited to announce new H-1B FY 2023 cap season updates — the lottery is now complete!


H-1B Fiscal Year 2023 Season Updates


As our readers will know, the mandatory electronic registration period for the H-1B fiscal year 2023 season kicked off on March 1, 2022, and ended on March 18, 2022.

We had expected USCIS to notify all H-1B petitioners of selection by April 1st (the earliest date when H-1B cap-subject petitions for FY 2023 can be filed). However, news of selection came much quicker.

On March 29, 2022, USCIS announced that the H-1B FY 2023 cap was reached, and that enough registrations were also received for the advanced degree exemption (U.S. master’s cap). From these registrations, USCIS selected petitioners at random to be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Petitioners will need to login to their USCIS online accounts to check the status of their registration.

If you were not selected in the FY 2023 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

If you were one of the lucky winners of the FY 2023 cap the following status will be shown:

  • Selected: Selected to file an H-1B cap petition.

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In the blog post we share some exciting H-1B news! While the FY 2023 H-1B season is about to get underway, today February 28, 2022, USCIS announced that it has received enough petitions to reach the fiscal year 2022 cap that began last March, including the advanced degree exemption.

USCIS has sent non-selection notifications to registrants’ USCIS online accounts. If you were not selected in the FY 2022 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

The agency will continue to accept and process cap-exempt petitions including petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

If you were not selected in the H-1B fiscal year 2022, there is still good news. The H-1B fiscal year 2023 season is just about to begin, and you may have a shot at being selected.

Those who wish to apply for the H-1B FY 2023 cap must submit an electronic registration on the USCIS website.

The H-1B initial registration period for the FY 2023 cap is scheduled to open tomorrow at noon ET, March 1, 2022 and the registration period will remain open until noon ET on March 18, 2022.

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Happy Valentine’s Day! Welcome back to Visalawyerblog. In this blog post, we share with you some important updates in the world of immigration. But first, we hope you are having a wonderful holiday spent with friends and loved ones.


What’s New?


USCIS Updates its Guidelines to Increase Validity Period of Employment Authorization Documents for Certain Applicants


Last week, the U.S. Citizenship and Immigration Services announced new updates to its policy changing the maximum validity period granted to certain individuals applying for Employment Authorization Documents (EADs), also known as work permits.

Effective February 7, 2021, USCIS has announced that it will generally grant new and renewed EADs valid for a 2-year validity period to applicants in the following categories:

  • Admitted as a refugee (a)(3);
  • Granted asylum (a)(5);
  • Granted withholding of deportation or removal (a)(10); and
  • VAWA self-petitioner (c)(31).

USCIS will also be granting new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:

  • Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and
  • Granted deferred action (non-DACA) (c)(14).

This benefit will apply to those in the impacted categories seeking new and renewed EADs issued on or after February 7, 2022. EADs issued on or after this period will reflect the updated 2-year validity period. EADs issued prior to February 7, 2022, will not benefit from the change.


Why the change?


USCIS has said that this validity period extension will help ease processing backlogs because these applicants will no longer need to apply to renew their EADs every year. It will also help prevent interrupts in employment authorization.

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This week brings positive immigration news indeed. We are happy to report that the United States Citizenship and Immigration Service (USCIS) has updated its policy guidelines regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, parolees, and Violence Against Women Act (VAWA) self-petitioners.


What is the new policy all about?


In the new policy alert, USCIS points out that under current guidelines the agency has been issuing initial and renewal Employment Authorization Documents (EADs) with a 1-year validity period, to asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners.

Furthermore, in at least some cases involving deferred action or parolees, initial and renewal EADs are being issued for an even shorter duration, than that of the underlying deferred action or parole period, forcing applicants to file multiple applications for Employment Authorization to prevent employment gaps to cover their entire period of deferred action or parole.

The government is now recognizing its incredible inefficiency and is changing its policy to align with the Biden administration’s agenda. The USCIS policy manual has now been revised to state that initial and renewal EADs may be issued with a maximum validity period of up to 2 years for asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners. For deferred action and parolee applicants, USCIS will now issue EADs up to the end of the authorized deferred action or parole period for individuals seeking an EAD in these filing categories.

Please note that replacement EADs will not be affected by this policy change.  USCIS will continue to issue replacement EADs with the same validity date as the original EAD.


When is this new policy effective?


The updated policy guidance, contained in Volume 10, Part A of the USCIS Policy Manual, is effective as of today Monday, February 7, 2022.

Accordingly, USCIS will immediately apply the updated validity period guidelines to EADs issued for impacted categories on or after February 7, 2022.

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The H-1B cap season for FY 2023 is almost here!

USCIS has just announced that the H-1B initial registration period for the FY 2023 cap is scheduled to open at noon ET on March 1, 2022 and will remain open until noon ET on March 18, 2022.

As our readers are aware, in 2020 USCIS implemented a mandatory H-1B electronic registration system for the H-1B cap.

Under this new electronic registration process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, must complete an electronic registration process on the USCIS website to receive a chance at selection. The registration process is simple and easy asking basic information about the prospective petitioner and each requested worker.

The H-1B selection process will be based off properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

That means that in order to have a chance of being selected, all prospective petitioners and their authorized representatives seeking to file H-1B cap-subject petitions for FY 2023, including for beneficiaries eligible for the advanced degree exemption, must first register during the registration period (March 1, 2022, to March 18, 2022) and pay the associated $10 registration fee for each beneficiary.

Registrants will be able to create new accounts beginning at noon ET on February 21, 2022.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:


Department of State/AILA Liaison Committee Meeting


January 20, 2022 Q & A Highlights


Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.


Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website


Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.


Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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Welcome back to Visalawyerblog! In this post, we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS) that will provide relief to those who have received a Request for Evidence, Notice of Intent to Deny (NOID), or such similar request.


USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests


USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic and such related requests.

Today, Thursday December 30, 2021, USCIS made the announcement stating it will continue to give applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through March 26, 2022. 

This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.


What documents qualify for this flexibility in responding?


Applicants who receive any of the below mentioned documents dated between March 1, 2020 and March 26, 2022 can take advantage of the additional 60 calendar days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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