USCIS to allow temporary green card stamps to be mailed

On March 16, 2023, USCIS announced a new policy that allows temporary green card stamps to be sent to legal residents by mail.  The new policy will make it more convenient for legal residents to obtain proof of their legal status.  

Lawful permanent residents are entitled to evidence of status for employment and travel purposes.  However, sometimes they do not have in their possession the physical green card for various reasons.  For example, they may have lost or misplaced their green cards, or they may be waiting for their renewal (I-90) or permanent green cards (I-751) to be approved by USCIS.  In these situations, they will require temporary evidence of their status in the form of a stamp on their passport. This stamp is called an ADIT stamp. 

For many years, if one requires temporary proof of their status, they are required to make an appointment with a local USCIS office to request for an ADIT stamp.  Under the new policy, a legal resident may contact the USCIS Contact Center to request temporary evidence of status.  After an immigration officer verifies his identity, physical mailing address, and whether that address can receive UPS or FedEx express mail, the request will be sent to a local field office.   

The local field office will then decide if an in-person appointment is required.  If it is not required, an ADIT stamp can be sent to the applicant on a Form I-94 with a DHS seal and a printed photo of the applicant.  The local office will also have discretion to decide the validity period of the ADIT stamp, which is generally one year.  

According to USCIS, some legal residents will still need to appear in person at a USCIS field office to receive an ADIT stamp.  For examples, applicants who have urgent needs, do not have a useable photo in USCIS systems, or whose address or identity cannot be confirmed, will be required to attend an in-person appointment. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

 

USCIS extends H-1B cap registrations until Monday

Due to system issues, the H-1B cap registration system was down for most of the yesterday. As a result, USCIS extended the deadline for registration until Monday, 3/20/2023, at 5:00 PM EST.  

USCIS Guidance on Mobile and Remote Biometrics Collection

 

For security reasons, the U.S. Citizenship and Immigration Services (USCIS) generally are required to capture an applicant's biometric information such as fingerprints and photographs before they approve any immigration-related applications. Applicants are required to attend a biometrics appointment at a designated Application Support Center (ASC) near their place of residence. However, there are instances in which the applicant is not able to attend these appointments due to a disability or other physical conditions. Recently, USCIS has issued guidance regarding and remote biometrics collection.

Applicants with Disability or Health Condition

Under this policy, USCIS may provide domestic mobile biometric services for applicants who have a disability or health reason that prevents them from physically appearing in person for their appointment. USCIS may also exercise its discretion to provide domestic mobile biometric services in other limited circumstances. For example, applicants who are located in remote locations may also request for remote biometrics services.

Mobile biometrics services are generally performed by contractors to collect biometrics information from applicants at their locations. If USCIS is not able to provide mobile biometrics collection services due to a person’s remote location, USCIS may also choose to coordinate with local law enforcement agencies or other DHS components to collect biometrics on behalf of USCIS. 

Applicants in Custody

USCIS does not collect biometrics from persons in custody at correctional institutions, regardless of their immigration status. USCIS also does not approve requests to reschedule a biometrics appointment for reason of detention or incarceration. In the case of an incarcerated person, USCIS has an intradepartmental agreement with U.S. Immigration and Customs Enforcement (ICE) to complete background and security checks for individuals who are incarcerated at DHS facilities and applying for benefits with USCIS.

Fingerprint Waivers

Some applicants are not able to provide fingerprints at all because of a medical condition, such as a disability, birth defects, physical deformities, skin conditions, and psychiatric conditions. In these situations, USCIS may grant a fingerprint waiver if the following requirements are met:

1) The applicant or a related party has appeared in person for the biometrics collection; 2) ​An officer or authorized technician attempted to fingerprint the person (or determined that such an attempt was impossible); and 3) ​The officer determines that the person is unable to be fingerprinted at all or is unable to provide a single legible fingerprint.

A fingerprint waiver must be requested and approved for each individual application or petition.   If a waiver is granted, the applicant must still obtain local police clearance letters or other application-specific documentation covering the relevant periods to the immigration interview.  If an applicant is granted a fingerprint waiver or has two unclassifiable fingerprint results, USCIS will take a sworn statement from the person covering the relevant periods for the application.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Premium Services for OPT and STEM OPT I-765

 

By Paul Szeto LLC

For the first time ever, USCIS will allow F-1 students to file their OPT and STEM OPT employment authorization applications using Premium Processing Service for the following categories:

• (c)(3)(A) – Pre-Completion OPT;
• (c)(3)(B) – Post-Completion OPT; and
• (c)(3)(C) – 24-Month Extension of OPT for STEM students.

The specific timetable is as follows:

1) Beginning March 6, 2023:   F-1 students will be allowed to upgrade pending Form I-765s (Applications for Employment Authorization) to Premium Processing Services via Form I-907 (Request for Premium Processing Service).

2) Beginning April 3, 2023:  F-1 students will be allowed to use Premium Processing Service when filing a new I-765 applications. 

USCIS will reject applications if they do not follow the above timeline. 

Applicants may submit the applications online or by mail. An online myUSCIS.gov account is required for online filing.  

F-1 students are reminded that they must follow the filing instructions and legal requirements to avoid delay or rejections.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

F-1 Student Hardship Employment Extended

 

Through a policy update, USCIS extended the employment authorization period for F-1 international students who experience economic hardship.  Effective 02/22/2023, USCIS updated its Policy Manual to clarify the validity period of employment authorization for F-1 foreign students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).  

USCIS is authorized to grant off-campus SSR employment authorization to F-1 students from a particular region based on severe economic hardship.  Hardship can be caused by events such as natural disasters, financial crises, and military conflicts.

The new policy clarifies that USCIS may grant off-campus SSR employment authorization to an F-1 student for the duration of the Federal Register notice validity period, which is typically an 18-month validity period. However, SSR employment authorization may not extend past the student’s academic program end date. The new policy applies to all pending SSR requests on or after 02/22/2023. 

International students who experience economic hardship should consider taking advantage of this policy change.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

US to issue F and M student visas up to 1 year in advance

 

The United States Department of State recently announced a new policy allowing F and M student visas to be issued up to 365 days in advance of the academic start date, as shown in the I-20 Certificate of Eligibility.  It should be noted that students are still not allowed to enter the U.S. on a student visa more than 30 days before their program start date. 

The change provides more flexibility and opportunities for early planning for foreign students who plan to study in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Proposal to Restrict Asylum Eligibility

The Biden Administration recently proposed to limit foreigners' ability to apply for asylum in the United States.  In a Notice of Proposed Rule Making entitled “Circumvention of Lawful Pathways”, the Department of Homeland Security (DHS) proposed to institute certain presumptions of ineligibility for political asylum on foreigners who across the southwest U.S.-Mexico land border without authorization.  The presumption can be overcome if, 

1) the foreign national was granted parole prior to arrival;

2) the foreign national presented himself/herself at a port of entry through a pre-scheduled time and place; or

3)  Sought asylum or other protection in a country they traveled through and received a final denial.

This proposal restriction will be effective for 2 years after the rule goes into effect. 

This legal presumption can be overcome under limited circumstances only, including if the applicant or his/her family member "faced an extreme and imminent threat to their life or safety, such as an imminent threat of rape, kidnapping, torture or murder; or were a victim of a severe form of trafficking."  The presumption also does not apply to unaccompanied children.

In short, unauthorized asylum seekers arriving at the Mexico border must prove that they have unsuccessfully applied for asylum in a third country before they are eligible to apply for asylum in the U.S.  This proposal has already generated lots of debates and controversies. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New CSPA Policy Should Benefit Indian Children

 

On 2/14/2023, USCIS revised its policy regarding Child Status Protection Act (CSPA) calculations.  USCIS now also accepts the "Dates for Filing" in the monthly visa bulletin published by the State Department in calculating the ages of aging-out green card applicants. Additionally, the Filing Dates can also be used as the basis for determining whether applicants "seek to acquire" resident status withing one year of visa availability.

CSPA is a law that helps aging-out children to remain eligible for permanent resident status based on their parents' petitions.  It freezes the age of an applicant when the visa numbers are current for the applicant's visa category.  Previously, USCIS only allowed the use of the "Dates for Final Action" to determine whether visa numbers are available.  Since the Filing Dates are generally more favorable than the Final Action Dates, allowing the use of the Filing Dates should help more applicants preserve their eligibility. 

The change in policy should benefit particularly children of Indian descent, as the gaps between the Filing Dates and Final Action Dates are particularly pronounced for Indian's employment-based visa categories. For example, many Indian applicants filed their I-485 applications in October, November, and December 2020 based on the Filing Date Charts.

Another requirement for CSPA is that an applicant must take actions to apply for legal status within one year of visa availability.  Under the new policy, the one-year period starts on the 1st of the month in which USCIS starts to accept and process I-485 applications. Again, this is likely to be determined by the Filing Date Charts. USCIS may excuse violations of the one-year rule if there exists extraordinary circumstances.

The new policy is effective immediately and applies to all pending I-485 applications as of 02/14/2023.  Applicants whose I-485 applications were denied for these reasons can file an I-290B motion to reopen and reconsider within 30 days.  USCIS may use its discretionary authority to excuse late motions as well.  Although this is a DHS/USCIS policy change, it is expected that the State Department will also adopt this policy in adjudicating overseas immigrant visa applications. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

March 2023 Visa Bulletin: EB Dates Unchanged

In the March 2023 Visa Bulletin, most visa categories hold steady.  Family 2A continues to be current, meaning that eligible spouses of U.S. green card holders may apply for their green card concurrently with the I-130 visa petition.  The State Department also warned that there is a possibility that a EB-3 Professional/Skilled Worker will no longer be current for "Other Countries" in the coming months.

AD: Dates for Final Action (Green Card Approval)   FD: Dates for Filing Applications Only

 

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	12/01/2014	12/01/2014	12/01/2014	04/01/2001	03/01/2012
	FD	08/08/2016	08/08/2016	08/08/2016	12/01/2002	04/22/2015
F2A	AD	C	C	C	C	C
	FD	C	C	C	C	C
F2B	AD	09/22/2015	09/22/2015	09/22/2015	06/01/2001	10/22/2011
	FD	01/01/2017	01/01/2017	01/01/2017	01/01/2002	10/01/2013
F3	AD	11/22/2008	11/22/2008	11/22/2008	11/01/1997	06/08/2002
	FD	11/08/2009	11/08/2009	11/08/2009	06/15/2001	11/08/2003
F4	AD	03/22/2007	03/22/2007	09/15/2005	08/01/2000	08/22/2002
	FD	12/15/2007	12/15/2007	02/22/2006	04/01/2001	04/22/2004

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

 

Employment		Other Countries	China	El Salvador Guatemala Honduras	India	Mexico	Philippines
EB1	AD	C	02/01/2022	C	02/01/2022	C	C
	FD	C	06/01/2022	C	06/01/2022	C	C
EB2	AD	11/01/2022	06/08/2019	11/01/2022	10/08/2011	11/01/2022	11/01/2022
	FD	12/01/2022	07/08/2019	12/01/2022	05/01/2012	12/01/2022	12/01/2022
EB3	AD	C	08/01/2018	C	06/15/2012	C	C
	FD	C	09/01/2018	C	08/01/2012	C	C
Other Workers	AD	01/01/2020	07/01/2014	01/01/2020	06/15/2012	01/01/2020	01/01/2020
	FD	02/01/2020	11/01/2015	02/01/2020	08/01/2012	02/01/2020	02/01/2020
EB4	AD	02/01/2022	02/01/2022	03/15/2018	03/01/2021	08/01/2020	02/01/2022
	FD	03/01/2022	03/01/2022	04/15/2018	04/01/2021	09/01/2020	03/01/2022
EB5	AD	C	03/22/2015*	C	11/08/2019	C	C
	FD	C	01/01/2016*	C	12/08/2019	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)
5th: Employment Creation (Investors)

*China EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)