USCIS Processing Times

Posted on by

USCIS Updated Processing Times for Immigration Applications

United States Citizenship and Immigration Services released tables of processing times for their various service centers last week. If you have an application pending or plan on submitting one soon, you can chart the approximate time it will take to render a decision. If the field office or service center that you are looking at is meeting its goal in processing time, the timeframe is posted in months. For example, the Vermont Service Center is taking three months for Employment Authorization based on a pending I-485 (Permanent Residence) Adjustment. It is not meeting its stated goal for an I-751 Removal of Lawful Permanent Resident Conditions and Employment Authorization based on a pending asylum application, so the date of processing is listed instead.

Encouraging USCIS Speech

Posted on by

USCIS Director Delivers Speech on Immigration Reform

Leon Rodriguez gave a speech in Salt Lake City, Utah yesterday, in which he upbraided the immigration system for lacking “justice.” Rodriguez is the director of US Citizenship and Immigration Services, which is the benefits wing of the Department of Homeland Security. He delivered his speech to the Catholic Legal Immigration Network, defending President Obama’s executive orders and imploring Congress to improve justice within the immigration regime.

Rodriguez’s critique of the immigration system carries family history. He is the son of Cuban immigrants and his family was split apart as some members migrated from Cuba in the 1960s. Some members of his family were fortunate to escape and begin a new life in the United States. Others were left behind. His larger point, illustrated through his family, was that the immigration framework that governs today was built in the 1960s and “does not reflect our economy, does not reflect our demographics, and does not reflect – above all – our values.”

The executive orders that President Obama announced six months ago included the DAPA and expanded DACA programs. 25 states sued the Department of Justice, refusing to allow the programs to proceed. A federal judge in Texas stayed the orders and the Fifth Circuit listened to oral arguments last month.
Director Rodriguez was very encouraged, despite the current state of dormancy for the programs. He claimed that USCIS is ready to implement the programs once the stay is lifted. He called on opponents of Obama’s executive orders to propose legitimate and workable solutions for immigration reform. The Director called the executive orders the “path to actual reform” and believes only Congress can pass legislation for undocumented immigrants to have a path to citizenship and that would represent real reform.

National Interest Waiver

Posted on by

EB-2: National Interest Waiver

The National Interest Waiver is an important method of petitioning for a Green Card through the Employment-Based 2 category, which allows for 28.6% of employment-based green cards. For the United States as a whole, it is an acknowledgement that there are many foreign individuals in various fields who are exceptional and can benefit the United States by becoming Americans. It is an attractive option for individuals of “exceptional ability” and with advanced degrees (this is a requirement). The advanced degree can be from a non-US university.

The other attractive facet of a National Interest Waiver is that an employer is not required to be the sponsor. There is no requirement of a time-consuming labor certification and no requirement that the employer be involved. In fact, a job offer is not even mandatory, which is the way much of employment immigration operates.

This can be a difficult standard to meet, especially because of the national interest requirement. There are three criteria: substantial intrinsic merit, national in scope, and serving the national interest to a substantially greater degree than a US worker with the same minimum qualifications. That means the national interest would be adversely affected if the labor certification process were required.

A profession can be considered to have substantial intrinsic merit, but the adjudicator can have a stringent view of whether the employment is “national” in scope. This can create a problem for a school teacher whose students are located in one city or for a civil engineer whose bridges are located in one state. The professions eligible for a national interest waiver are not defined by statute, so there is opportunity to argue for a wide swath of occupations. Engineers, doctors, scientific researchers,

If eligible, an application for permanent residence can be filed concurrently with the National Interest Waiver. Other options can be petitioned for simultaneously with the National Interest Waiver or while it is pending. You should consult with an immigration attorney carefully to map out prudent options that serve your needs. These can be tricky cases, but they are among our favorites.

June Visa Bulletin

Posted on by

The June Visa Bulletin

The June Visa Bulletin has been released and is updated to reflect current priority dates for Family-Based and Employment-Based immigration categories. These categories represent the ways in which individuals can obtain permanent residence (Green Cards) in the United States. The Department of State releases a new bulletin every month as a general update. The categories also explain the number and percentages allowed by preference.

Of significance and news that we covered this week, the Chinese EB-5 category is stuck at May 1, 2013 as the priority date.

The Department notes that most Family-based and Employment-based categories advanced in priority dates. However, Family-Based 4 is notorious for lagging years and years behind for every chargeability. On the employment side, EB-3 is known to lag behind for most chargeabilities and EB-2 is usually behind for China and India.

TPS Deadline – May 20

Posted on by

TPS Deadline is May 20, 2015

We would like to remind nationals of Guinea, Liberia, and Sierra Leone that Wednesday May 20 is the final day to register for Temporary Protected Status. Those three countries received Temporary Protected Status designations in November from Secretary Jeh Johnson of the Department of Homeland Security, following the devastating Ebola outbreak in West Africa. The TPS designation runs from November 21, 2014 through May 21, 2016.

Temporary Protected Status is not an immigration status or even a nonimmigrant visa. It is a temporary designation from the Secretary of the Homeland Security that nationals of a certain country are allowed to remain in the United States through his special authorization. If nationals were present before the designated date, they can apply for TPS. The status permits for employment authorization. The reason for granting a TPS designation is often civil war, natural disaster, or some sort of natural disaster.

In other TPS news, AILA and other advocacy groups are petitioning Secretary Johnson to designate Nepal for Temporary Protected Status. The country has been ravaged by natural disasters recently.

We will keep updating the website with updates on Temporary Protected Status renewals and designations.