USCIS Further Extends Deadlines for Responding to RFEs, NOIDs
Good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS: You may have more time to submit your response.
Good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS: You may have more time to submit your response.
Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and January 15, 2022.
Need assistance with your fiance visa, green card application sponsored by a family member or employer, or employment-based visa? Contact us today at theteam@huwelaw.com or 415-496-9040.
Immigration Backlog Causes Long Delays in Processing
The data is in: The US Government Accountability Office (GAO) has found that the caseload at USCIS, the government agency that processes immigration applications like applications to adjust status to become a permanent resident and naturalization applications, has increased by 85% over the past 5 years. Yikes.
The data is in: The US Government Accountability Office (GAO) has found that the caseload at USCIS, the government agency that processes immigration applications like applications to adjust status to become a permanent resident and naturalization applications, has increased by 85% over the past 5 years. Yikes.
Per the GAO, "policy changes, longer forms, staffing issues, and delays from COVID-19 contributed to longer processing times. Although USCIS has several plans to address the backlog, it hasn't implemented them and hasn't identified necessary resources."
What does this mean for me?
If you have a pending application with USCIS, then you likely will need to wait much longer than you would have in the past to see it approved. For example, right now we are seeing 18-24 month processing times for Applications to Adjust Status (to obtain a green card while residing in the US) in the San Francisco and San Jose California area. And processing time for a Petition for Alien Relative (the first step in the "green card" process when sponsoring a relative abroad) for the spouse, parent, or child of a US citizen can be as long as 32 months!
What does this mean moving forward?
We hope that USCIS will soon take action to address this frustrating backlog. In the meantime, we recommend filing your application as soon as possible to "get in line." If you are seeking assistance with a green card sponsored by a family member or employer, or an employment-based visa, contact us today at theteam@huwelaw.com or 415-413-8760 and let us help!
USCIS Creates New Webpage for Lockbox Filing Location Updates
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed.
USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed. The filing locations are periodically adjusted to balance incoming workload for timely processing. That means that even if your application was mailed to one location, it could end up being processed in a different one.
Contact us today at theteam@huwelaw.com or 415-548-7067 for assistance with a green card or employment-based visa application.
TPS Redesignated for Somalia
The Department of Homeland Security has announced that TPS for Somalia will be re-designated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
The Department of Homeland Security has announced that TPS for Somalia will be redesignated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
TPS Redesignated for Yemen
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
The Department of Homeland Security has announced that TPS for Yemen will be redesignated through March 3, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.
Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.
USCIS Extends Deadlines for Responding to RFEs, NOIDs
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for any RFE or NOID received between March 1, 2020 and September 30, 2021.
In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and September 30, 2021.
Need assistance with your fiance visa, green card application, or employment visa? Contact us today at theteam@huwelaw.com or 415-548-7067. We are operating fully remotely and are here for you during this challenging time.
USCIS Suspends Biometrics Requirements For H, L and E Visa Spouses
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.
What does this mean for me?
This is good news! If you are filing a new H-4, L-2, E-1, E-2, or E-3 visa application, or you have an application currently pending and you do not receive your biometrics notice by May 17th, then you should not be required to appear for a biometrics appointment while your case is being processed. That means that your application should be approved sooner.
Need assistance with an application for a visa or green card? Contact us today at theteam@huwelaw.com or 415-548-7067!
USCIS Immigration Fees will Increase on October 2nd
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
UPDATE: The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction enjoining the fee increases described below. The injunction could be lifted at any time. Stay tuned for further updates.
Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.
Fees will increase for the benefits below, among others:
N-400 Naturalization: $640 to $1160
I-485 Adjustment for a child under 14 years old: $750 to $1130
I-601A Provisional Waiver: $630 to $960
I-192 Waiver: $930 to $1400
I-751 Petition: $595 to $760
I-765 EAD: $410 to $550
Additionally, all applicants for adjustment of status (an application for a "green card" in the US) will be required to pay separate fees for an I-765 EAD and I-131 travel document. This will result in an increase of more than $1100 in filing fees for adjustment applicants seeking these benefits.
If you believe you may be eligible for an immigration benefit, there is still time to apply before the fees increase. Contact us to get started today at theteam@huwelaw.com or 415-496-9040.
Getting Around the Suspension of H-1b and L-1 Visas: National Interest Exceptions
Many foreign nationals know that on June 22nd, Presidential Proclamation 10052 was issued. The Proclamation suspends entry into the United States of applicants for certain visas, including (among others) H-1B, H-2B, L-1, and L-2 visas. It does not apply to applicants who were in the US on its effective date (June 24th) and who already had a valid visa in one of the classifications mentioned above. It is nonetheless a sweeping ban applicable to hundreds of thousands of nonimmigrants, which has resulted in multiple lawsuits being filed against the federal government to enjoin it.
Many foreign nationals know that on June 22nd, Presidential Proclamation 10052 was issued. The Proclamation suspends entry into the United States of applicants for certain visas, including (among others) H-1B, H-2B, L-1, and L-2 visas. It does not apply to applicants who were in the US on its effective date (June 24th) and who already had a valid visa in one of the classifications mentioned above. It is nonetheless a sweeping ban applicable to hundreds of thousands of nonimmigrants, which has resulted in multiple lawsuits being filed against the federal government to enjoin it.
In response to these lawsuits, on August 12th the government issued new guidance that includes expanded "national interest" exceptions to the Proclamation. This new guidance will presumably help many professionals and companies because it includes exceptions such as the following:
1. The applicant is seeking to resume ongoing employment in the US in the same position with the same employer and visa classification
2. The applicant is a technical specialist, senior level manager, or other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the US
3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15%
4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed
5. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need
6. Denial of the visa pursuant to the Proclamation would cause financial hardship to the US employer
However, in practice it will be difficult for a foreign national to benefit from a national interest exception. In order to do so, they must be able to get over the hurdles of (1) successfully scheduling an emergency appointment at the applicable US consulate abroad during a pandemic that has resulted in extremely limited visa services, and (2) successfully arguing that they qualify for an exception in the face of consular officers who have unchecked discretion to approve or deny these applications. Furthermore, the new guidance in conjunction with the Proclamation itself constitute an attempt by the executive branch to circumvent the legislative procedure and create new statutory requirements for H-1b and L-1 visas. These issues will result in lawsuits continuing to move forward against the federal government, which may result in an injunction on the Proclamation itself. Stay tuned . . .
. . . and in the meantime, contact us for help at theteam@huwelaw.com or 415-496-9040.
Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency.
UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.
UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.
We have rare positive news for those seeking permanent residency in the US:
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.
This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule.
Please check back in for updates, as this is a fluid situation.
We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-413-8760 for assistance in applying for a green card.
US Immigration in the Time of COVID-19
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
We are keeping current on legal and policy changes so you don't have to. Below is an update on where we are today:
Our government is still processing immigration applications and accepting new filings.
However all USCIS offices within the U.S. remain closed to the public until at least early May, so upcoming biometrics and interview appointments are being automatically rescheduled for a later date. U.S. embassies and consulates around the world are closed or offering reduced services to the public, so visa interviews abroad are being rescheduled.
Travel restrictions are being enforced regarding travel to and from many countries. If you have a relative who is currently stuck in the U.S. on a nonimmigrant visa, they may be able to apply to extend or change their status.
Premium processing remains suspended for all employment-based immigration applications, such as H-1b, L-1, and O-1 visas.
In other (good) news, USCIS is extending the deadline for responding to a request for evidence in certain cases. They are also now accepting scanned signatures for all applications.
If you need assistance with a green card sponsored by a family member, naturalization, or an employment-based visa or green card, contact us today to get started: theteam@huwelaw.com or 415-496-9040.
How Does the New H-1b Registration Affect My Business?
USCIS has made it official: All companies must register between March 1st and March 20th for the H-1b cap season lottery. Registration will require basic information about the company sponsor and the beneficiary, an attestation of intent to file, and a $10 registration fee.
USCIS has made it official: All companies must register between March 1st and March 20th for the H-1b cap season lottery. Registration will require basic information about the company sponsor and the beneficiary, an attestation of intent to file, and a $10 registration fee. USCIS will conduct the lottery based on this registration and lottery winners will have 90 days to submit their H-1b applications.
How does this change affect my business?
This year it will be easier and cheaper to enter the H-1b lottery.
We expect that there will be many more participants in this year's H-1b lottery. The chances of any specific beneficiary winning the lottery will be lower than in prior years. Developing a good contingency plan with your attorney is critical. Your candidate may be eligible for another visa or it may make sense to start the green card process early.
You can take advantage of the lower bar to entry and register more candidates than you may have before. If a security software engineer is a critical position, consider submitting registrations for multiple beneficiaries. Remember that a beneficiary can have multiple candidate petitions. So, if there is a highly desirable candidate with multiple offers, it is worth seeing if your company's registration can be the one to win that lottery slot for them.
Join us on January 15th at 9 am for a free webinar with attorney expert Isabelle Hurtubise to prepare for the 2020 H-1b cap season. Hurtubise Weber Law specializes in employment visas and business immigration for small and early stage companies.
Need help with your H-1b application? Contact us at theteam@huwelaw.com or 415-413-8760 today.
USCIS announces the beginning of “eProcessing”
U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin “eProcessing” cases. The official announcement states that “eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.” The hope is that this new system will “improve decision timeliness, increase transparency during the application process, and accelerate the availability of online filing for all immigration benefits.”
U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will begin “eProcessing” cases. The official announcement states that “eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.” The hope is that this new system will “improve decision timeliness, increase transparency during the application process, and accelerate the availability of online filing for all immigration benefits.”
The first step in this transition is to allow certain nonimmigrants applying for a change of status or an extension of status to do so online.
Historically major changes in the processing system have been implemented slowly, over the course of many months or years. We expect that this will be the case here as well, and that the transition may be a bumpy one. Contact us at theteam@huwelaw.com or 415-496-9040 to learn more.
Can you apply for a green card this month? Check the April Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for April 2019 to see if your priority date is current this month.
USCIS has determined that in April, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.
