The California Service Center (CSC) will now issue one duplicate approval notice if the request is made within 30 days of the petition’s approval, without additional charge. This can be beneficial where the the applicant did not list a Consulate for the USCIS to notify of the petition’s approval or where the applicant wishes the … Read more
The vast majority of foreign physicians who come to the United States for graduate medical training are going to be subject to INA Section 212(E) if they obtained such training with a J1 visa. J1 visa holders subject to INA Section 212(E) are required to return to their home country for a period of two … Read more
In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current. This is contrary to the law and may lead to a future revocation. The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain … Read more
In recent months, we have been seeing the US Consulate in Guangzhou China take a much harder line on K-1 visa applicants. In the past, the vast, vast majority of cases being approved on the day of application. Now we are seeing applicants turned away with requests for further documentation. This is becoming a hardship … Read more
The California Service Center (CSC) has indicated a greater willingness to allow conversions from L-1B visa status to L-1A visa status recently. Many L-1B visa holders would benefit greatly by this change because holding an L-1A visa status allows them to apply for permanent residence through the fast track EB-1C program which does not require … Read more
While our firm has always had great success in getting green card applications approved through the national interest waiver category, we have recently have enjoyed noteworthy success in getting them approved quickly. In the past, we normally saw cases take roughly 10-14 months for NIWs to be approved and green cards to be issued. Currently, … Read more
In nearly every H-1B petition, the petitioner is required to pay a $500 anti-fraud fee. The Department of Homeland Security (DHS) is using the proceeds of these anti-fraud fees to investigate H-1B petitioners. DHS is contracting with private investigators to make surprise visits, though they may provide advance notice if they so desire, to H-1B … Read more
If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, you will need to petition to remove the conditions before you can obtain your permanent green card. This petition is typically made in the last 90 days of the two year anniversary of obtaining your conditional green card. If … Read more
New processing procures at the NSC and TSC regarding concurrently filed Form I-140 and Form I-485 are creating difficulties for borderline cases. Previous USCIS Memoranda required USCIS adjudicating officers who denied an Petitioner’s Form I-140 to hold the Form I-485 for up to 30 days after the Form I-140 denial in case the Petitioner chose … Read more
US Department of Homeland Security Secretary Janet Napolitano recently announced that widows of US Citizens will be granted deferred action for two years. Previously, foreign nationals who married US citizens via the Marriage Green Card but whose US citizen spouse died before they were able to obtain benefits were not eligible for immigration benefits. The … Read more