Visa Lawyer Blog

Articles Posted in USCIS Field Offices

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 “If we learn nothing else from this tragedy, we learn that life is short and there is no time for hate.”

Sandy Dahl, wife of Flight 93 United Airlines Captain Jason Dahl

In remembrance of the lives lost on September 11, 2001 welcome-905562_1280

In this post, we would like to share with our readers that starting September 13th the U.S. Citizenship and Immigration Services (USCIS) will require affirmative asylum applicants to bring interpreters to asylum interviews, if they are not fluent in the English language, or would like to have their interview conducted in a language other than English.

USCIS has said that affirmative asylum applicants who need an interpreter, but fail to bring one, or who bring an interpreter that is not fluent in English or a language they speak, in such case the immigration official may consider this a failure to appear if the applicant does not establish good cause.

Additionally, USCIS may dismiss the asylum application or refer the asylum application to an immigration judge.

Interpreter Requirements

The following requirements apply to interpreters present at USCIS interviews:

The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter cannot be:

  • Your attorney or accredited representative;
  • A witness testifying on your behalf;
  • A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
  • An individual with a pending asylum application who has not yet been interviewed.

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The U.S. Citizenship and Immigration Services (USCIS) recently announced the reopening of an international field office in Havana, Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews, processing cases for pending Cuban Family Reunification Parole (CFRP) requests, and Form I-730, Refugee/Asylee Relative Petitions, and other limited appointment-only services such as collecting biometrics for U visa applications.

Services at the Havana Field Office will be available by appointment only.  USCIS has updated the USCIS International Immigration Offices page with more information about services and appointments available at the Havana Field Office.

Secretary of Homeland Security Alejandro Mayorkas said that the decision to reopen the Havana Field Office was made to, “reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief.”

This move marks a restoration of American relations in Cuba. During the Trump administration, the Havana Field Office was closed, following the suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, the Biden administration announced it would be resuming operations under the Cuban Family Reunification Parole (CFRP) program, to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available.

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If you have been waiting for U.S. Citizenship and Immigration Services to reopen in-person appointments, then this topic may interest you.

Recently, USCIS announced the launch of a new procedure to request an in-person appointment at a local USCIS field office by completing an online form. This form may be used by individuals, attorneys, and accredited representatives without the need to call the USCIS Contact Center.

The online appointment request form is currently available for use on the USCIS webpage and allows for in-person appointment requests at local field offices, only for ADIT stamps, Emergency Advance Parole (EAP), Immigration Judge Grants, Afghan Special Immigrant CPR Status, Certified Copies of Naturalization Certificate, Deferred Action, T, U, and VAWA Inquiries, I-94 Cuban Paroles and Re-Paroles, Lost Immigration Visa Packets, and more.

For more information about ADIT stamps, Emergency Advance Parole, and Immigration Judge Grants, etc. click here.

The online request system does not support self-scheduling, but individuals are allowed to request a specific date and time for an in-person appointment when making an online request. However, please keep in mind that USCIS cannot guarantee that the requested appointment date will be scheduled.

Once an online appointment request has been made, the USCIS Contact Center will review submissions along with the availability of in-person appointments at a specific field office. USCIS will then confirm and schedule the individual for an available in-person appointment date and time.

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Did you recently file an L-1 petition as an Intracompany Transferee under a previously approved blanket petition? Then you may want to hear about this important new update.

On Thursday August 3, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced new changes to the way that the agency will be issuing receipts for L-1 nonimmigrant intracompany transferees under a previously approved blanket L petition, including executives, managers, or specialized knowledge professionals.

What’s Changed?

When filing Form, I-129S, nonimmigrant petition based on blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if the petition is approved).

Previously, petitioners would receive a stamped and signed Form I-129S along with the Form I-129 approval notice. USCIS will now do away with this practice.

Moving forward, the petitioner will receive a separate approval notice for the Form I-129S, which will serve as the endorsement.

Significance of the Approval Notice

The I-129S approval notice will serve as evidence that a USCIS officer has determined the beneficiary is eligible for L-1 status based on an approved blanket L petition and constitutes an endorsement of Form I-129S as required by 8 CFR 214.2(l)(5)(ii)(E). A copy of that notice will also be provided to the beneficiary to be included with their visa and/or admission papers.

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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:

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.

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We are excited to share with you a new self-service tool released by the U.S. Citizenship and Immigration Services (USCIS).

Beginning on June 28th USCIS has announced that biometrics service appointments can be rescheduled online using your myUSCIS online account.

Benefit requestors, attorneys, and accredited representatives will be able to take advantage of this new service so long as rescheduling of biometrics is done BEFORE the date of the scheduled biometrics appointment.

This will provide a great advantage to the public by reducing the burdens on the USCIS Contact Center and improve efficiency.

Before this announcement, benefit requestors and accredited representatives could only request to reschedule a biometric services appointment by calling the USCIS Contact Center.

With this new tool, those individuals who already have a myUSCIS online account or those who create an online account can reschedule most requests for biometric services appointments without having to call the Contact Center, regardless of whether their pending case was submitted online or by mail.

The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within 12 hours, or that has already passed.

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We are happy to inform our readers that U.S. Immigration and Customs Enforcement (ICE) has launched a new online change of address form for noncitizens.

What is the online change of address form?

This new form gives noncitizens the option to update their information online instead of having to do so by phone or in-person.

To process an online change-of-address, the system requires a full name, A-number, and validated non-commercial address. It takes approximately one minute to complete the form.

This tool will make it easier for noncitizens to comply with their immigration obligations and improve the accuracy of address information reported to Immigration and Customs Enforcement (ICE) by utilizing address autofill to ensure U.S. Postal Service standardization.

Reporting a Change of Address with USCIS

As a reminder, all noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating.

You may change your address with USCIS online here.

Reporting a Change of Address with Immigration Court

Once a noncitizen has entered a valid mailing address, if they are currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online system will provide the noncitizen with information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information. Form EOIR-33 can be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access.

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The news you have been waiting for is finally here. The U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status.

For the first time ever, USCIS will also allow the online filing of Form I-907, Request for Premium Processing Service, for these applicants.

When can I request Premium Processing service?

IMPORTANT: applicants may not request premium processing before the dates indicated below

The expansion of premium processing service for certain Form I-539 applicants will occur in two phases as follows:

  • Starting tomorrow Tuesday June 13, 2023, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
  • Starting Monday June 26, 2023, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

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In this blog post, we share with you the latest news in the world of immigration.

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that it has removed the 60-day rule for civil surgeon signatures on Form I-693 Report of Immigration Medical Examination and Vaccination Record, also known as the immigration medical exam.

This form must be completed by a civil surgeon and submitted along with the applicant’s I-485 adjustment of status (green card) application with USCIS.

Green card applicants can now submit their Form I-693 medical examination for up to 2 years after the civil surgeon has signed the form.

Previously, green card applicants were required to have a civil surgeon sign Form I-693 within 60 days of submitting their green card application or risk its rejection with USCIS. The 60-day rule created much confusion among green card applicants and was an unnecessary obstacle to the green card process. Form I-693’s that were not signed within the 60-day period were issued Requests for Evidence (RFE) asking for a compliant Form I-693 signed within the requisite 60-day period.

Now that USCIS has eliminated the 60-day rule, applicants will have more time and flexibility to obtain their signed Form I-693 medical examination without worrying. This change will also decrease the green card backlogs, considering that less RFEs will be issued for deficient Form I-693’s given the 2-year validity period from the date of the civil surgeon’s signature.

In support of its new policy, USCIS has said, “While the 60-day rule was intended to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.”

For more information about this new update, please click here.

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We have great news for H-1B visa registrants! Today, March 27, 2023, USCIS announced that it has received enough electronic registrations to reach the FY 2024 H-1B visa cap—just 10 days after the H-1B electronic registration period closed on March 17, 2023.

USCIS randomly selected from among registrations that were properly submitted to meet the 65,000/20,000 annual numerical limitations for the regular cap and advanced degree exemption.

Petitioners who have been selected have been notified of their selection via their myUSCIS online accounts.

Notification of Selection

Now that the selection process has been completed, USCIS has sent electronic notices to all registrants with selected registrations that are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice.

Account holders who submitted the selected registration have been notified of selection via email or text message stating that an action has been taken on their myUSCIS online account. Account holders can log in to see the full notice and determine whether they have been selected.

A registrant’s USCIS online account will show one of the following statuses for each registration:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

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