Articles Posted in USCIS Field Offices

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Have you ever wondered: can I apply for a visa to the U.S., as a musician from a foreign country, a major social media influencer, or a serious business entrepreneur with recognition in the major media, with features in Vogue Magazine, YouTube, and Oprah Winfrey’s Supersoul Class?

In this blog post, we share with you how our office was able to prove how these different types of extraordinary individuals qualified for the O1 Visa category, resulting in victories for these clients. We also describe how we were able to accomplish these objectives, by presenting an abundance of documentary evidence to help these individuals prove their extraordinary abilities in arts and business.


An Overview: What are the O1-A and O1B Visa Requirements?


Commonly referred to as the “artist” visa or “athlete” visa, we must first discuss the general requirements to qualify for the O1 visa.

An O1-A visa petition must demonstrate the applicant is an individual of extraordinary ability in the areas of business, science, education, and athletics, with supporting documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, the applicant must prove they meet at least three of the following criteria:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
  • Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
  • Published material in professional or major trade publications or major media about applicant’s work.
  • Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
  • Evidence in the form of five or six letters and affidavits from prominent colleagues who can confirm applicant’s original scientific or scholarly contributions of major significance to the field. Certain regulations require a “peer group” must attest to the applicant’s outstanding qualifications. We have found that this requirement may be fulfilled by letters of recommendation in which the referees outline their own standing in the field.
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
  • Evidence of commanding a high salary or other compensation for services (this category does not usually apply to academic positions).

Similarly, an O1-B visa petition must demonstrate the applicant is an individual who can prove extraordinary achievement in the areas of art, television, and film. If the applicant has received an internationally recognized award like an Oscar or Grammy, then the applicant will qualify for the O1-B visa. However, if the applicant has not received such award, then the applicant must prove they have at least three of the following:

  • Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
  • Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
  • Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
  • Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
  • Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
  • Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence

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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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Welcome back to Visalawyerblog! New developments are underway by the U.S. Citizenship and Immigration Services (USCIS) to improve the way the agency is communicating case processing times to members of the public.

The agency recently announced new efforts to streamline information provided on its processing times webpage. For each type of immigration benefit, USCIS releases information regarding how much time it is taking the agency to process that particular application, petition, or request. Previously, processing times were estimated based on how long the agency took to approve or deny a certain percentile of forms or petitions over the prior 6-month period.

Now, USCIS has updated their webpage so that users can find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. This provides applicants with a more accurate picture of how long their particular type of case is taking to be processed.

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DACA Renewal E-Filing is here!

Exciting news is on the horizon for those filing a renewal of their deferred action under the Deferred Action for Childhood Arrivals (DACA)!

This week, the United States Citizenship, and Immigration Services (USCIS) announced that applicants will now be able to file their applications online on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Additionally, renewal applicants may also file applications to renew their Employment Authorization Document (EAD) online by filing Form I-765 Application for Employment Authorization and the Form I-765 Worksheet.

This move will now make it easier for applicants to obtain a renewal of their status faster and more efficiently.

While the agency hopes to expand the possibility of electronic filing to a broader pool of applicants in the future, the e-file option is currently only available for individuals who have been previously granted DACA.

The e-filing option is expected to help reduce the substantial backlogs at the USCIS level. Currently, USCIS receives nearly half a million Form I-821D DACA requests every fiscal year, and processes more than 8.8 million requests for immigration benefits. As time has gone on, the agency has allowed online filings to streamline the application process.

How can you file online?


DACA renewal applicants who wish to file Form I-821D and Form I-765 online, must first create a USCIS online account, to submit their forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, and one of the added benefits is that applicants have the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence received.

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USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests


USCIS recently 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. Those who have received a request for evidence, notice of intent to deny, or such a related document, will be given 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 July 25, 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 July 25, 2022, 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; 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:

  • The form was filed up to 60 calendar days from the issuance of a decision made by USCIS: and
  • USCIS made that decision anytime from November 1, 2021, through July 25, 2022 inclusive.

For more information about this guidance please click here.

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USCIS backlogs have become a nightmare for many during the last few years. But now the government is holding the agency accountable for its inadequacies. As part of the Continuing Appropriations Act of 2022, USCIS was required to inform the government regarding how exactly it is planning to ramp up processing of applications in Fiscal Year 2022.

In the Continuing Appropriations Act, Congress has pledged to provide $250 million to USCIS to support application processing. Part of this money must be utilized by the agency to help reduce application processing backlogs at USCIS field offices and service centers nationwide.

For its part, USCIS informed the government that the total number of cases backlogged at the agency as of September 2021 was a whopping 4.4 million cases.

The agency has said that it hopes to focus on backlog reduction for the following types of forms that account for more than half (61%) of its total backlog. These include I-485 adjustment of status applications, I-765 applications for employment authorization, and N-400 applications for citizenship.

USCIS did not provide information regarding reduction of possible backlogs for I-539 change/extension of status applications, which is a big dilemma for those trying to extend their H-4, L-2, and E-2 Dependents visas. These individuals are a high-risk group experiencing employment interruptions as they await the renewal of their nonimmigrant status.

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Welcome back to Visalawyerblog! In this blog post we share with you some recent news regarding a new class action lawsuit that has been filed by 49 plaintiffs against the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), seeking relief from the extreme processing delays currently taking place for I-765 applications for employment authorization (EADs) filed by individuals seeking adjustment of status (AOS) in the United States, and for I-765 applications filed by E-2 dependent spouses with USCIS.

Currently, USCIS reports that I-765 work permit applications based on a pending I-485 adjustment of status application are taking between 20 to 21.5 months to process at the California Service Center; while it is taking 9 to 9.5 months to process work permit applications at the National Benefits Center; and 9.5 to 10.5 months to process such applications at the Nebraska Service Center.

The new legal challenge against the government has been mounted by the American Immigration Lawyers Association (AILA), Wolfsdorf Rosenthal LLP, Joseph and Hall PC, Kuck Baxter Immigration LLC, and Siskind Susser PC.

The lawsuit seeks to hold the government accountable once and for all for the exorbitant processing times taking place for work permit applications to be adjudicated, especially those at the California Service Center. Under the law, applicants for adjustment of status are afforded the option of applying for temporary employment authorization while their green card applications are pending with USCIS, through what is supposed to be an easy procedure that involves filing a simple I-765 application for employment authorization. In normal circumstances, such employment authorization applications took on average 7 to 9 months to be adjudicated. Since the onset of the pandemic however USCIS has not been able to adjudicate these applications within reasonable timeframes.

Processing times have gotten worse and worse to the point that applicants are receiving their green card interview appointments before even coming close to receiving an approved employment authorization document. This has resulted in applicants being unable to seek employment while waiting for their green card applications to process. This has caused great cause for concern for individuals who have a job offer lined up or who need to work to maintain their households. Further, the American economy is experiencing more and more labor shortages as they struggle to get individuals back to work. The situation at the USCIS level is making it even more difficult for American businesses to find qualified workers.

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s September 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

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Welcome back to Visalawyerblog! Happy end of the week to all of our readers.

In this post, we would like to keep our readers informed about Visa Bulletin projections for the upcoming month of May 2021 and beyond.

The Department of State’s Consular Affairs Unit has launched an exciting new monthly series on its YouTube channel, discussing current visa trends and future projections for immigrant visa preference categories with Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State.

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Happy Monday! Welcome back to Visalawyerblog. We start off the week with some interesting immigration updates.


USCIS Updates – ASC and Interview Appointments Scheduled on January 19th and 20th will be Rescheduled


In anticipation of the Presidential inauguration on January 20, 2021, the United States Citizenship and Immigration Services (USCIS) has announced the temporary suspension of in-person services at all field offices, asylum offices, and application support centers (ASC biometrics offices) on January 19th and January 20th to ensure the safety of employees and individuals with appointments on these dates.

Accordingly, for individuals who had appointments on these dates (either for biometrics or for an interview) USCIS will be rescheduling these appointments and sending notices with the new appointment dates.

Please keep a look out for these notices in the mail within the next few weeks.


Nationals Eligible to Participate in the H-2A and H-2B Visa Program

In other news, last week the Department of Homeland Security released the list of countries eligible to participate in the H-2A and H-2B visa programs in the Federal Register.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs.

Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of Homeland Security has designated as eligible to participate in the programs.

However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States based on the evidence submitted.

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