Tag: adjustment of status

U.S. Citizenship and Immigration Services (USCIS) recently announced an update to its Policy Manual, introducing provisions that allow USCIS officers to excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. The update […]

U.S. Citizenship and Immigration Services (USCIS) has announced that it is removing the 60-day rule for submitting a medical exam form (I-693) when applying for adjustment of status. This means that you will no longer have to wait 60 days after your medical examination to submit your Form I-693 to USCIS. If you have any […]

You’ve likely seen the news that Twitter’s new owner, Elon Musk, laid off 3,700 people from the company – nearly half of its staff. While Twitter is making the headlines, many other tech giants have also laid off large numbers of staff. Lyft let go of 13% of its workforce, Opendoor let go of 18% […]

Senior Associate Attorney Gabriella Agostinelli shares updates on immigrant visa processing and adjustment of status applications. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

USCIS is encouraging eligible applicants to consider transferring the underlying basis of their adjustment of status application to the first or second employment-based preference categories. The first preference category is for priority workers, the second preference category is for noncitizens in professions with advanced degrees or with exceptional abilities. USCIS is asking this of eligible […]

The employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an […]

USCIS recently amended its policy manual with a table of factors for officers to consider in exercising their discretion over whether to approve an adjustment of status (AOS) application. This update highlights the role of a USCIS officer’s discretion in adjudicating AOS applications based on the totality of the circumstances (aka considering all the available […]

On September 24, 2020, the Department of State (DOS) released the October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit his/her Adjustment of Status (AOS) application or have his/her AOS case adjudicated. The submission and adjudication of the AOS application are the final steps […]

On July 31, 2020, USCIS announced a final rule adjusting fees for many immigration and naturalization benefits. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. This final rule will apply to all applications and petitions postmarked on or after October 2.  One […]

The PERM green card process is quite a time-consuming and expensive investment that requires technical review and thoughtful strategizing at the outset. The full PERM process itself before filing an I-140 petition takes months, typically at least six to eight at a minimum.  When working with my clients, we spend a good amount of time […]