USCIS

Immigration News

New Expanded Premium Processing Services and Increased Costs Effective October 19

USCIS announced today that the new expanded premium processing services will take effect on October 19. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will…

Jenny ZhanOctober 16, 2020

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Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…

Jenny ZhanOctober 15, 2020

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Immigration News

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…

Jenny ZhanOctober 9, 2020

Immigration News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 2020

COVID-19

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

E-2 Visa Immigration Investor Visas

My E-2 investor application was submitted to USCIS. What are the next steps?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…

Jenny ZhanSeptember 17, 2020

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Approvals

E-2 Investor Visa approval for a smoothie store in California

We just had an E-2 investor visa approval at USCIS. The business is a smoothie store and is located in California. The investor is a national of Canada and has extensive professional and management experience. USCIS granted the E-2 investor 2…

Jenny ZhanSeptember 9, 2020

E-2 Visa Immigration Investor Visas

Where should I File my E-2 Visa petition? Why are E-2 visa filings through USCIS rare?

An E-2 visa application must be filed at a Consulate if you are not in the U.S. If you are in the U.S. and did not enter under the Visa Waiver Program (ESTA), you could file an E-2 visa application…

Jenny ZhanSeptember 8, 2020

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Deportation & Humanitarian Immigration Immigration

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

Jenny ZhanAugust 27, 2020

COVID-19

USCIS Avoids Furlough of 70% of their Employees

USCIS has announced that its has avoided the furlough of 70% of their employees, originally scheduled to occur on August 30. Since March, USCIS has seen a 50% drop in receipts and incoming fees and estimates that application and petition receipts…

Jenny ZhanAugust 26, 2020

COVID-19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

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COVID-19

Employers can now Accept EAD Approval Notices for I-9 Employment Verification

USCIS accounted today that due to backlogs in employment authorization card productions, employers can accept work permit approval receipts when establishing employment verification in the I-9 process. In normal times, when an employee starts at a company, companies are obligated…

Jenny ZhanAugust 20, 2020

E-2 Visa Immigration Investor Visas

Do I have to attend an Interview for my E-2 visa renewal? Can my E-2 visa renewal Interview be waived?

An E-2 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves submitting documentation that shows that you have hired employees, and that your business will continue to be…

Jenny ZhanAugust 20, 2020

Questions & Answers

Can I study in the U.S. on a B-2 tourist visa?

B-2 visa is a non-immigrant visa for temporary visitors who want to visit the United States for pleasure. Please note that if you qualify for ESTA, you can come to the U.S. as a Visa Waiver Visitor and you do not have to…

Jenny ZhanAugust 17, 2020

Immigration News

USCIS to Increase Application Fees

The Department of Homeland Security has announced new application fees that will take effect on October 2, 2020. This new announcement will increase the application fees for most application types. USCIS is a for profit agency that uses application fees…

Jenny ZhanAugust 10, 2020

Approvals

B-2 Extension approval for a Cohabitating Parent of a Temporary Worker

We just had an B-2 extension approval with U.S. Citizenship & Immigration services for a cohabitating parent of a temporary worker. Certain family members who are not eligible for dependent visas may be granted B-2 visas and subsequent B-2 extensions…

Jenny ZhanAugust 3, 2020

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Immigration News

New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. This injunction applies to both the State Department and the Department of Homeland Security. In the new public charge…

Jenny ZhanJuly 30, 2020

News

USCIS’ Planned Furlough of Employees Delayed Until August 31

USCIS announced on Friday that it has delayed it planned furlough of 70% of its employees for another month until August 31. USCIS wants to give Congress more time to act on the agency’s $1.2 billion emergency funding request. Since…

Jenny ZhanJuly 28, 2020

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COVID-19

Huge Backlog in Green Card and Work Authorization Card Production

In June 2020, USCIS ended an outside contract with a company that produced secure cards such as green cards and employment authorization cards. USCIS has moved this service to its internal employees. However, given the reduced number of workers due…

Jenny ZhanJuly 23, 2020

Approvals

O-1 approval with USCIS for a Experiential Designer

We just had an O-1B approval with USCIS for an experiential designer. The applicant works for a specialized marketing agency and was granted a 3 year extension. Although O-1 extensions are often granted for 1 year if the applicant is…

Jenny ZhanJuly 22, 2020

Immigration News

August Visa Bulletin Significant Advances in Employment Based Categories

In the August 2020 visa bulletin, there is significant advances in most employment visa categories. In EB-1, China advanced almost six months to February 8, 2018, India advanced nine month to February 8, 2018. EB-2 for China advanced two months…

Jenny ZhanJuly 21, 2020

E-2 Visa Immigration Investor Visas

I am in the U.S. on an E-2 visa and I need to extend mine and my family’s E-2 status. What is the process?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you…

Jenny ZhanJuly 21, 2020

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Immigration

Who is authorized to sign USCIS forms on behalf of a company?

If a U.S. company is sponsoring a beneficiary for example for an H-1B visa, O-1 visa, E-2 employee visa, or L-1 visa, an authorized signatory of the company will have to sign the USCIS forms. Our clients are often ask…

Jenny ZhanJuly 21, 2020

COVID-19

Update on USCIS Furlough of Employees

USCIS has issued furlough notices to 70% of its workforce at the end of June. USCIS is a for profit agency that uses application fees to fund the agency and its employees. At the current moment, there are approximately 20,000…

Jenny ZhanJuly 13, 2020

New Expanded Premium Processing Services and Increased Costs Effective October 19

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Judge Blocks USCIS Application Fee Increase

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

My E-2 investor application was submitted to USCIS. What are the next steps?

E-2 Investor Visa approval for a smoothie store in California

Where should I File my E-2 Visa petition? Why are E-2 visa filings through USCIS rare?

USCIS Issues Updated DACA Policy

USCIS Avoids Furlough of 70% of their Employees

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

Employers can now Accept EAD Approval Notices for I-9 Employment Verification

Do I have to attend an Interview for my E-2 visa renewal? Can my E-2 visa renewal Interview be waived?

Can I study in the U.S. on a B-2 tourist visa?

USCIS to Increase Application Fees

B-2 Extension approval for a Cohabitating Parent of a Temporary Worker

New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules

USCIS’ Planned Furlough of Employees Delayed Until August 31

Huge Backlog in Green Card and Work Authorization Card Production

O-1 approval with USCIS for a Experiential Designer

August Visa Bulletin Significant Advances in Employment Based Categories

I am in the U.S. on an E-2 visa and I need to extend mine and my family’s E-2 status. What is the process?

Who is authorized to sign USCIS forms on behalf of a company?

Update on USCIS Furlough of Employees

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