REMINDER-BIDEN – AT SIX MONTHS
August 16, 2021
MU Law will be hosting a free webinar for our clients and friendson Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).
- Visa Bulletin predictions
- Consular backlogs
- Deference to prior approvals by USCIS
- RFEs and NOIDs
- Expediting cases
- Biometrics and EAD policies for dependents
- Additional updates and policy proposals
PLEASE JOIN US!
REMINDER-BIDEN – AT SIX MONTHS
August 10, 2021
Join us for a review of some of the immigration changes in the first six months of the Biden Presidency. Interested clients and friends can register for our webinar by clicking on the link below.
MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).
Join us for this FREE webinar to learn more about:
- Visa Bulletin predictions
- Consular backlogs
- Deference to prior approvals by USCIS
- RFEs and NOIDs
- Expediting cases
- Biometrics and EAD policies for dependents
- Additional updates and policy proposals
PLEASE JOIN US!
USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT and STEM OPT
August 9, 2021
Pursuant to a courtorder, USCIS has extended flexibilities for certain foreign studentsaffected by delayed receipt notices issued for Form I-765, Application forEmployment Authorization. These flexibilities apply only to those applicationsfiled on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive.
As acknowledged by USCIS, filersof I-765 EAD applications for OPT and STEM OPT extensions have experiencedsignificant delays in the issuance of receipt notices. In an attempt to assistcertain applicants impacted by the delays, USCIS first enacted flexibilitiesfor certain applicants filing form I-765 for OPT on February 26, 2021, whichapplied to cases received through May 1, 2021. However, those flexibilities wereextended by court order on July 23, 2021, and now apply to cases received throughOctober 31, 2021.
Until October 31, 2021, USCISwill allow for the following flexibilities:
GuaranteedProcessing of Form I-765 OPT/STEM OPT applications in 120 days
- USCIS will process all applications for OPT andSTEM OPT within 120 days of receipt. Processing means that the application willbe approved, denied or an RFE will be issued within 120 days.
Grant of post-completionOPT EAD validity period
- USCIS will grant a full 12 months ofpost-completion OPT irrespective of the requirement that OPT be completedwithin 14 months of graduation.
- USCIS will grant OPT for the full period originallyrecommended by the DSO on Form I-20, irrespective of the time of adjudication.
Retroactivecorrection of OPT EADs already issued
- Upon eligible applicants’ request, USCIS will issuea CORRECTED EAD for any post-completion OPT EAD applicationreceived between Oct. 1, 2020, through Oct. 31, 2021, inclusive, that wasissued with a validity period that was less than the DSO’s recommended validityperiod.
Acceptanceof previously-rejected OPT/STEM OPT applications
- USCIS will accept re-filed I-765 applications forOPT/STEM OPT that were originally filed on time between October 1, 2020 and October31, 2021 and later rejected.
- Resubmitted applications must be received prior toNovember 30, 2021.
- Resubmitted applications will be processed as if receivedon the original date (i.e. the full period of OPT will be granted, but theoriginal I-20 will be accepted without the requirement of a new I-20).
o If the case was rejected for missing or deficientsignature(s), a request for Evidence will be issued instead of a denial.
- From July 23, 2021 until October 31, 2021, USCISwill accept I-765 post-completion OPT applications submitted up to 120 days (insteadof 90) before completion of the respective program.
APPROVAL OF A NEW CREDENTIALING ORGANIZATION FOR NURSES
August 5, 2021
Immigration regulations requirethat when filing a nonimmigrant or immigrant petition for certain health care occupations,including Registered Nurses, the Petitioner must include a healthcare worker’s certificate(sometimes called a VisaScreen) from an authorized credentialing organizationfor the Beneficiary listed in the petition.
The Commission on Graduates ofForeign Nursing Schools (CGFNS), the National Board for Certification inOccupational Therapy (NBCOT), and the Foreign Credentialing Commission onPhysical Therapy (FCCPT), were previously the only authorized credentialingorganizations listed in the immigration regulations.
On July 22, 2021, USCIS approved the application for Josef SilnyAssociates, Inc., to be added to the list of organizations authorized to issuecertificates and certified statements for Registered Nurses.
BIDEN – AT SIX MONTHS
August 3, 2021
MU Law will be hosting a free webinar for our clients and friendson Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).
Join us for this FREE webinar to learn more about:
- Visa Bulletin predictions
- Consular backlogs
- Deference to prior approvals by USCIS
- RFEs and NOIDs
- Expediting cases
- Biometrics and EAD policies for dependents
- Additional updates and policy proposals
PLEASE JOIN US!
AUGUST 2021 VISA BULLETIN: ANALYSIS AND PREDICTIONS
July 16, 2021
AUGUST 2021 VISA BULLETIN: ANALYSIS AND PREDICTIONS
TheDepartment of State has just issued August Visa Bulletin. This is the eleventh Visa Bulletin of FiscalYear 2021. This blog post analyzes this month's Visa Bulletin.
Visa Bulletin
Table A: Final Action Dates -- Applications with these dates may be approvedfor their Green Card (Permanent Residency card) or Immigrant Visa appointment.
| EB | All Other | CHINA | INDIA | PHILIPPINES |
| 1st | C | C | C | C |
| 2nd | C | 1-Apr-18 | 1-Jun-11 | C |
| 3rd | C | 8-Jan-19 | 1-Jul-13 | C |
Table B: Dates of Filing
The USCISwill be using the Table A: Final Action Dates chart for I-485 employment-basedfilings. A beneficiary must be current on the above Table A chart in order tofile their I-485, Adjustment of Status applications USCIS Visa Bulletin Dates
MU Law Analysis
Both the Philippinesand Worldwide (All Other) EB-3 continue to be current. Our opinion remainsthat these categories will stay current for the foreseeable future and into2022.
EB-1 remains current for allcategories. This will certainly be thecase for the rest of the fiscal year. IndiaEB-2 did not move, which shows that the demand for this category remainsstrong. On the other hand, India EB-3moved ahead by six months in spite of widespread reports of downgrades fromEB-2 to EB-3. This could mean that thereports are overblown.
MU LAW BLOG SWITCHES EMAIL SUBSCRIPTION SERVICERS
July 15, 2021
Due to Googleshuttering it’s feedburner service for email subscriptions, the MusilloUnkenholt Law Blog is transitioning over to use Follow.It as our new email subscriptionservicer.
There shouldn’t be anything that needs to be done, but you will notethat the subscribe widget on our blog has change to reflect this switch.
SIGN THE CHANGE.ORG PETITION FOR FOREIGN EDUCATED NURSES
July 7, 2021
Today, thereare thousands of high-skilled international nurses who have already qualifiedfor visas but their issuance has stalled amid unprecedented delays at USembassies and consulates, which have effectively de-prioritized green cardapproval for essential healthcare workers under US State Department rules.
Will you jointhousands of people and sign a Change.org petition demanding the StateDepartment fast-track nurse visas?
USCIS TO ISSUE 2 YEAR EADs
June 23, 2021
TheUSCIShas released updated policy guidance stating that it will grant EADs validfor 2 years to certain green card applicants including those applying based onan approved Form I-130 (family-based green card) or Form I-140(employment-based green card).
Bothinitial and renewal EAD applications will be eligible for the 2-year validity period.However, replacement EADs will not be issued for 2-year validity period butwill rather be issued with the same validity dates as the original EAD that isbeing replaced.
TheUSCIS has historically issued EADs that are valid for a 1-year period to greencard applicants. While there is generally no fee for a filing an EADapplication for green card applicants, almost 370,000 green card related EADapplications were filed with the USCIS in fiscal year 2020. It is hoped that byissuing EADs valid for 2 years instead of 1 year, the USCIS will be able to redistributelimited resources to alleviate current processing backlogs.