Tag: adjustment of status
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EB-2 National Interest Waiver Green Cards
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 […]
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USCIS Adopts Discretionary Rules for Adjustment of Status Applications
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 […]
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October 2020 Visa Bulletin Provides Significant Forward Movement for Employment-Based Adjustment of Status Applications
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 […]
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USCIS Eliminating “Bundled” Fee for Adjustment of Status Filings Effective October 2, 2020
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 […]
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Tips for Drafting the PERM Job Description
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 […]
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Presidential Proclamation to Block Entry for Uninsured Immigrants
On October 4, 2019, President Trump issued a proclamation that will require legal immigrants to gain approved health insurance coverage within 30 days of their entry to the U.S, unless they can prove that they are in a financial position that allows them to cover their own foreseeable medical expenses...
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USCIS Announces Strategy to Decrease Processing Times for Naturalization and Adjustment of Status Applications
On June 17, 2019, USCIS announced that it will be implementing a national strategy to decrease differences in processing times based on location for both naturalization applications and adjustment of status applications. Since 2015, USCIS has experienced an increase in processing times due to higher than expected volumes received during fiscal years 2016 and 2017 […]
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Is Your Application for the Advance Parole Travel Document in Jeopardy? USCIS Issues New Guidance
If you are a foreign national present in the U.S. and wish to travel outside of the U.S., you may come across a situation when you need to complete an Application for an Advance Parole Travel Document. Anyone who is applying for or who has already applied for this document should take note of a […]
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U.S. Green Card Applicants Must Choose Consular Processing or Adjustment of Status
Obtaining a U.S. Green Card is a two-step process. The first step is filing either an I-130 or I-140 petition. The Form I-130 is designated for family members who are filing on behalf of their foreign national relative, while the I-140 is reserved for employers sponsoring a foreign national employee. The second step of the […]
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Breaking News: USCIS to Expand Interviews for All Employment-based Adjustment of Status Applicants
USCIS announced yesterday that beginning on October 1, 2017, they will begin expanding in-person interviews for applicants moving from an employment-based nonimmigrant status to Lawful Permanent Resident status through the filing of an Adjustment of Status (Form I-485) application. This change comes as part of President Trump’s Executive Order 13780, “Protecting the Nation from Foreign […]
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