USCIS Processing Times

Posted on February 14, 2016 by Arjun Mishra

USCIS Processing Times Updated

Check this link for USCIS processing times of applications as of December 31, 2015

Check your receipt letters. The first three letters dictate where your application is. LIN = Nebraska. SRC = Texas. NBC = National Benefits Center. WAC = California. EAC = Vermont.

Of Note

O and P visas at Vermont are taking 2 months instead of 2 weeks. They are taking 2 weeks at California.

Asylum work authorization applications are taking 4 months at Vermont

Most work authorization applications are taking 3 months at Vermont

H-1B extensions and changes of status are taking over 6 months Vermont and California

I-140s at Nebraska are taking 4 months or more.

H4 Work Authorization and H-1B PP

Posted on May 20, 2015 by Arjun Mishra

H-4 Work Authorization and H-1B Extension of Status

From May 26, 2015 to July 27, 2015, USCIS will be suspending premium processing for all H-1B Extension of Stay petitions. Please note that this is only for H-1B Extensions of Stay, not for executing an AC21 change of employment or any other H-1B petition. The reason for this suspension is that USCIS wants to dedicate resources to timely adjudications of H-4 nonimmigrant employment authorization applications. USCIS is expecting 180,000 applications.

In February, regulations were published that granted certain (not all) H-4 nonimmigrant spouses work authorization. An H-4 is an individual who is a dependent on an H-1B worker. It can be a child or a spouse of the H-1B worker. Work authorization is only available for spouses of H-1B workers who have a pending I-140 Petition (employment-based permanent residence) or have an approved I-140 Petition and are waiting for their priority date.

USCIS will be accepting applications for H-4 nonimmigrants on May 26. The Notice and Comment period was last summer and received an overwhelmingly positive response on behalf of granting work authorization.

Premium processing is a service that is available for many but not all employment-based petitions. For a fee of $1,225, you can request adjudication of a petition within 15 days. This does not apply for family-based petitions, such as a petition for your spouse.

Motion of Stay for DAPA, DACA

Posted on March 12, 2015 by Arjun Mishra

The United States Department of Justice filed an emergency motion to stay a preliminary injunction against a series of executive orders issued by President Obama in November. Fourteen states plus the District of Colombia filed an amicus curiae to support the Justice Department’s stay. The stay is filed with the US Court of Appeals for the Fifth Circuit.

We have closely been following the developments of Texas v. United States, in which Texas and other states are suing against President Obama’s Expanded DACA and DAPA programs. Expanded DACA would grant deferred action status for three years to individuals who have been here since 2010 without status and are low priority for removal (plus other criteria). DAPA would grant deferred action to parents of US citizens and permanent residents who have been here since 2010 without status and are low priority for removal (plus other criteria).

DACA & DAPA Ruling

In mid-February, a federal judge in Texas ruled in favor of Texas on the grounds that the executive branch did not follow the normal rules of Notice and Comment in issuing the DACA and DAPA programs. Work authorization for certain H-4 dependents will be allowed starting May 26. That was part of the executive order program in November, but it had already undergone the Notice and Comment process.