I-140

October 26, 2023

USCIS Launches New Online Change of Address Tool for those with USCIS Online Accounts

Did you know that the U.S. Citizenship and Immigration Services (USCIS) has launched a new online change of address self-service tool?

This new tool known as “Enterprise Change of Address” (E-COA) is a one-stop shop where most individuals with a USCIS online account can update their mailing and physical address for pending applications, petitions, or requests filed with USCIS.

Applicants are strongly encouraged to use this tool instead of the alternative tool because it has drastically improved the speed and efficiency with which these requests can be processed by USCIS. The E-COA tool can be accessed via a USCIS online account regardless of whether your pending case was filed online or by mail.

You will simply need to create or login to your USCIS online account, select the E-COA tool in your online account, enter your last name, date of birth, and new physical and mailing addresses. USCIS also recommends that you provide information about their pending application, petition, or request with USCIS.

To learn how to create a USCIS online account please click here.

Do I still need to change my address if I do not have a pending application with USCIS?

Yes. Those who do not have any pending applications, petitions, or requests with USCIS must still notify USCIS if they have moved.

Can all applicants use the new change of address tool?

Certain special classes of immigrants cannot use the E-COA tool at this time including: persons who have pending or approved applications or petitions for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status and their beneficiaries or derivatives.

Legal representatives of applicants or petitioners with VAWA-, T-, or U-related cases can request a change of address by emailing the designated mailbox under the “Inquiries for VAWA, T, and U Filings” section.

August 10, 2023

Your Guide to the September 2023 Visa Bulletin

by Jacob Sapochnick

In this blog post, we summarize the movement of the family-sponsored and employment-based preference categories of the September Visa Bulletin.

This information will be helpful to those applying for an immigrant visa at a U.S. Consulate overseas, and those applying for adjustment of status to permanent residence in the United States.

Overview

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories. The purpose of the visa bulletin is to inform immigrants who are subject to the numerical quota system of when they are eligible to apply for an immigrant visa or adjustment of status application. Applicants can determine their place in line by looking at the priority date on their underlying immigrant petition. Applicants with a priority date that is “current” on the Visa Bulletin can move forward with the immigration process, because that means a visa number is available to them.

What are the preference categories that are subject to the numerical limitations?

The Family Sponsored Preference Categories and their annual limits are as follows:

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

(F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

The Employment-Based Preference Categories and their annual limits are as follows:

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.

July 13, 2023

Breaking Down the August Visa Bulletin: Final Action EB-1 and EB-3 Retrogressions, and Modest Advancements for F1 and F2B Mexico

by Jacob Sapochnick

We are happy to report that the August Visa Bulletin has been released!

As we do every month, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories to help you prepare for your immigrant visa filing at a U.S. Consulate overseas, or your green card filing for those residing in the United States.

Highlights of the August 2023 Visa Bulletin

Employment Based Categories

Final Action cutoff dates – Retrogressions in August:

EB-1 India will retrogress by more than 10 years to January 1, 2012, in August 2023. The State Department indicates that depending on usage in the category and on the FY 2024 annual numerical limit, it is likely that in October 2023 the cutoff date will return to at least February 1, 2022
EB-1 Worldwide, China: The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023. The EB-1 China Final Action Date will remain at February 1, 2022.
EB-2 Worldwide, China: EB-2 China will advance by one month, to July 8, 2019. The Final Action Date for EB-2 India will remain at January 1, 2011. The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022 for all other countries.
EB-3: The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019. EB-3 India Professional/Skilled Worker will remain at January 1, 2009. For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in August:

F-1 Mexico will advance by 2 years and 3 months to April 1, 2005 from January 1, 2003
F2A will remain current for all categories
F2B Mexico will advance by 2 years and 4 months to August 1, 2004 from April 1, 2002

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

Adjustment of Status Filing Chart August 2023

The U.S. Citizenship and Immigration Services (USCIS) has published guidance indicating that USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2023 Visa Bulletin.

For family-sponsored filings, USCIS will accept adjustment of status applications from foreign nationals with a priority date that is earlier than the Dates for Filing listed in the State Department’s August 2023 Visa Bulletin.

You may also find the Adjustment of Status USCIS Filing Charts here:

USCIS August 2023 Adjustment of Status Filing Charts

August 2023 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s August 2023 Visa Bulletin , the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in the month of August:

EB-1: China remains unchanged at February 1, 2022. India will retrogress by 10 years and 1 month, to January 1, 2012. All other countries will receive a final action cutoff date of August 1, 2023.
EB-2: India will remain at January 1, 2011. China will remain by 1 month to July 8, 2019. All other countries will advance by 6 weeks to April 1, 2022
EB-3 Professionals and Skilled Workers: India will remain at January 1, 2009. China will advance by 2 months to June 1, 2019. All other countries will retrogress by 1 year and 9 months to May 1, 2020.
EB-3 Other Workers: India will remain at January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
EB-4: All countries will remain at September 1, 2018.
EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will remain at April 1, 2017, and China will remain at September 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

June 19, 2023

All About the EB-3 Retrogression for India in the July Visa Bulletin

by Jacob Sapochnick

Readers of the July Visa Bulletin may have been surprised to learn that the final action date for the employment-based third preference category for nationals of India retrogressed by more than 3 years and 5 months from June 15, 2012 (in the June Visa Bulletin) to January 1, 2009 (in the July Visa Bulletin).

What is the Employment-Based Third Preference Category also known as EB-3?

The employment-based third preference category (or EB-3) is reserved for three types of subcategories of immigrants: skilled workers, professionals, or other workers. No matter the subcategory, immigrants must have an approved labor certification from the Department of Labor and a permanent full-time job offer from a U.S. employer.

What are the subcategories?

“Skilled workers” are defined as persons whose jobs require a minimum of 2 years training or experience, that is not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job offer. Relevant post-secondary education may be considered as training.
“Professionals” are defined as persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

June 8, 2023

July Visa Bulletin: Big Advancements for Family Sponsored Categories, and EB-3 Retrogressions

by Jacob Sapochnick

It’s that time of the month again. Time to share the latest trends and projections of the July Visa Bulletin!

To help you prepare for your upcoming immigrant visa or green card filing, in this blog post, we share what you can expect to see in the upcoming month’s visa bulletin for family-sponsored and employment-based preference categories.

Here are some of the highlights from the July 2023 Visa Bulletin

Employment-based categories

EB-3 India will retrogress by more than 3.5 years to January 1, 2009. EB-3 for all countries except China will retrogress by 4 months to February 1, 2022.
EB-1, EB-2, and EB-5 cutoff dates will remain the same in July as before.
Dates for Filing cutoff dates in the employment-based categories remain the same as June.

Family-sponsored categories

Dates for Filing cutoff dates – Advancements in July:

F-1 Mexico will advance by 1 month to January 1, 2003 from December 1, 2002
F-1 China, India, World will advance by 8 months to September 1, 2017 from January 1, 2017
F2B Mexico will advance by 3 months to April 1, 2002 from January 1, 2002
F3 China, India, World will advance by 3 weeks to March 1, 2010 from February 8, 2010
F4 China and World will advance by 1 month to March 1, 2008 from February 1, 2008
F4 Mexico will advance by 2 weeks to April 15, 2001 from April 1, 2001

Final Action cutoff dates – Advancements in July:

F1 Mexico will advance by 3 weeks to April 22, 2001, from April 1, 2001
F2B Mexico will advance by 2 months to August 1, 2001, from June 1, 2001
F3 China, India, World will advance by 2 weeks to December 22, 2008, from December 8, 2008
F3 Mexico will advance by 2.5 months to January 15, 1998, from November 1, 1997
F4 China and World will advance by 2 weeks to April 22, 2007, from April 8, 2007

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

Adjustment of Status Filing Chart July 2023

The U.S. Citizenship and Immigration Services (USCIS) has not yet published guidance regarding the appropriate chart to use for adjustment of status filings in the month of July. Once the announcement is made, USCIS will indicate whether they will accept adjustment of status applications based on the Final Action Dates chart or the Dates for Filing chart. As soon as we have that information, we will provide it in this blog post.

You may also find the information here once it is published:

USCIS July 2023 Adjustment of Status Filing Charts

July 2023 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s July 2023 Visa Bulletin , the following Final Action cutoff dates will apply for employment-based categories, which will determine whether an adjustment of status application can be filed with USCIS in July:

EB-1: All countries will remain current, except for India and China, which will have a cutoff date of February 1, 2022
EB-2: India will remain at January 1, 2011. China will remain at June 8, 2019. All other countries will remain at February 15, 2022
EB-3 Professionals and Skilled Workers: India will retrogress by 3.5 years to January 1, 2009, and China will remain at April 1, 2019. All other countries will retrogress by four months to February 1, 2022.
EB-3 Other Workers: India will retrogress by 3.5 years to January 1, 2009, China will remain at September 1, 2015. All other countries will remain at January 1, 2020.
EB-4: All countries will remain at September 1, 2018.
EB-5: For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will remain at September 8, 2015, and India will remain at April 1, 2017. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

March 1, 2023

UPDATE: USCIS Extends Comment Period to the Proposed Rule Increasing USCIS Filing Fees until March 13, 2023

by Jacob Sapochnick

In this blog post, we give you an update on the status of the proposed rule increasing the filing fees for certain applications and petitions filed with the United States Citizenship and Immigration Services (USCIS).

As you may remember, on January 4, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing an increase in the filing fees of many types of applications, including but not limited to, the I-485 Application to Register Permanent Residence or Adjust Status, N-400 Application for Naturalization, I-129F petition for alien fiancé(e), Form I-130 Petition for Alien Relative, Form I-751 Petition to Remove Conditions on Permanent Residence, Form I-129 Petition for Nonimmigrant Worker for H, L, and O classifications, Form I-526 Immigrant Petition for the EB-5 Immigrant Investor Program, Form I-765 Application for Employment Authorization, among many others.

The proposed rule also sought to do the following:

Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
Create lower fees for certain immigration forms filed online.

Under the Administrative Procedure Act, before the government can implement a proposed rule they must abide by a mandatory notice-and-comment rule-making process. This includes offering a public comment period of at least 60 days from the date of the NPRM’s publication in the Federal Register.

February 24, 2023

AILA Meeting with State Department Representatives: Q & A

by Jacob Sapochnick

In this blog post, we share with you new information provided by the American Immigration Lawyers Association (AILA) Department of State Liaison Committee following a meeting with the National Visa Center (NVC) addressing some common issues of concern for immigrant visa applicants waiting for their visas to be processed at the NVC and immigrant visa scheduling at U.S. Embassies and Consulates abroad.

We provide a summary of the questions asked and responses from the Department of State down below. This discussion was part of a meeting with representatives from the Bureau of Consular Affairs, taking place on February 9, 2023.

NVC Statistics for Documentarily Complete Cases

Question: Can NVC confirm how many cases were completed in FY2022 compared with the 342,392 completed in FY2021?

Answer: Documentarily Complete cases (documents received, reviewed, and case entered into scheduling queue) by Fiscal Year:

FY 2020 = 321,274
FY 2021 = 342,392
FY 2022 = 343,277

Question: Can NVC confirm how many cases have been completed so far in FY 2023?

Answer: The number of immigrant visa cases determined to be documentarily complete by the National Visa Center thus far in fiscal year 2023 (as of 27 January 2023) is 140,084.

Question: What is the monthly volume of immigrant visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for nearly 14,974 immigrant visa petitions, received 20,987 ELIS petitions from USCIS, and reviewed supporting forms and documents for another 72,337 immigrant visa cases per month.

Question: What is the monthly volume of nonimmigrant (fiancé) visa cases that the NVC processes?

Answer: On average, during FY 2022, NVC performed case creation for 1,138 l-129F petitions for Alien Fiancé(e)s per month.

Question: If a document is not considered acceptable, and the attorney re-submits the requested documents, on average, how long does the NVC take to review the new evidence?

Answer: When missing documentation is subsequently provided, it is reviewed in the order it was received. NVC processing times have dropped significantly in the past year. Applicants may refer to the NVC Timeframes page on travel.state.gov to track the current Document Review processing time. NVC Processing dates are updated weekly.

February 20, 2023

The March 2023 Visa Bulletin Is Here! What You Need to Know

by Jacob Sapochnick

The U.S. Department of State has released its March 2023 Visa Bulletin.

To help you prepare for your upcoming immigrant visa or green card filing, we share what you can expect to see in the employment based and family preference categories for the month of March.

What is the Visa Bulletin?

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month in the employment and family preference categories.

To be eligible to file an employment-based adjustment of status application in March 2023, foreign nationals must have a priority date that is earlier than the Dates for Filing chart as listed in the Department of State’s March Visa Bulletin.

Those currently residing in the United States, may file for adjustment of status once their priority dates become current, following the Dates for Filing chart according to the adjustment of status filing guidance published by the U.S. Citizenship and Immigration Services (USCIS).

Adjustment of Status Filing Chart March 2023

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023.

January 26, 2023

This Week in Immigration News: USCIS Announces Final Extension of Flexibility for Responding to RFEs through March 23, 2023

by Jacob Sapochnick

In this post, we bring you great news regarding COVID-19-related flexibilities for responses to Requests for Evidence, NOIDs, and such related notices issued by the U.S. Citizenship and Immigration Services.

What do I need to know about this new update?

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS 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.

On January 24, 2023, USCIS made the announcement that it will grant one FINAL extension to 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 23, 2023. 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 23, 2023 can take advantage of the additional 60 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;
Notices of Intent to Withdraw Temporary Protected Status; and
Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

January 12, 2023

USCIS Implements Final Phase of Premium Processing Expansion for EB-1 and EB-2 I-140 Petitions and Announces Planned Expansion for F-1 students seeking OPT

by Jacob Sapochnick

Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.

Who does this phase apply to?

This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).

When does premium processing open for new and pending EB-1C and EB-2 petitions?

Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.

Background of the Planned Expansion of Premium Processing

The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.