U.S. Citizenship and Immigration Services (USCIS) recently launched an online FOIA Request Status Check service providing applicants a quick and secure way to check the status of requests they have made under the Freedom of Information Act (FOIA). 

Applicants can use the online service at the USCIS web site anytime by entering their assigned control number to receive an immediate response on the status of their FOIA request. The applicant will then receive either a 'pending' or 'processed' response. A 'pending' response indicates to the applicant the position of their request relative to all other requests in the same processing track. A 'processed' request indicates that the request was processed and the applicant will be provided that processing date. 

Applicants without Internet access can still obtain information on their FOIA requests by calling the USCIS FOIA Requester Service Center at (816) 350-5785 from 7 a.m. to 2:15 p.m. (Central Time).

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on June 30, 2008 it will issue Employment Authorization Documents (EAD) valid for two years.

The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.

The USCIS issued the following questions and answers to further explain this new policy.

What is an EAD?

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Who is eligible for an EAD that is valid for two years?

The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9).

When will applicants expect to receive the new two-year EAD?

USCIS expects to implement this initiative for cases pending on June 30, 2008.   Applicants filing Form I-765 under 8 C.F.R., Section 274.a.12(c)(9) should begin to receive their two-year EAD a couple of weeks after the anticipated June 30, 2008 implementation date.

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual.   Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed.  If an immigrant visa number is available, USCIS will grant the one-year EAD.

How will USCIS decide whether to issue an EAD valid for one or two years?

USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin available at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.   If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years.  USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.

If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c)(9), how long is the EAD valid?

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD.   However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date.

If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

I filed my Form I-765 more than 90 days ago and I have not received a decision, who should I contact?

If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

The United States Citizenship and Immigration Service (USCIS) has announced that, except for cases being reviewed as potential duplicate filings, all receipts have been issued for cases selected in the random lottery. The California and Vermont Service Centers finished entering data on all selected cases by May 23, 2008, and mailed all receipts by May 24, 2008.

The U.S. Department of State (DOS) released its July 2008 Visa Bulletin.  According to the bulletin, employment-based category three (EB-3) for professionals and skilled workers will become 'unavailable' in July.  To view the entire visa bulletin, please go to the Processing Times link on our home page at www.bashyamspiro.com.

U.S. Citizenship and Immigration Services (USCIS) released a report with projected times for naturalization processing at USCIS local offices around the country.  These processing times provide a sense of how quickly a case may be processed if there are no complicating factors.  To view the report, please go to THIS LINK.

U.S. Citizenship and Immigration Services (USCIS) announced that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of status in lieu of consular notification.

The short-term measure follows an April 8, 2008 interim final rule that, among other actions, automatically extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1. To obtain the automatic extension, a student must be the beneficiary of an H-1B petition filed for the next fiscal year (with an October 1 employment start date) and have requested a change of status. For F-1 student beneficiaries of petitions that USCIS subsequently rejects, denies, or revokes, or for those who violate their status, the automatic extension terminates at that time.

Since the rule was published after the filing period had closed for new FY 2009 H-1B petitions, many petitioners of F-1 students did not include a request for a change of status with the H-1B petition. Instead, petitioners requested consular notification based on the assumption that these students would have been required to leave the United States to obtain an H-1B visa at a consular office abroad.

USCIS has determined that it will allow petitioners of F-1 students whose H-1B petitions were randomly selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the issuance of the receipt notice.

To request a change of status in lieu of consular notification, petitioners (or authorized representatives) must send an email with the request to the USCIS service center where their petition is pending within 30 days of the issuance of the receipt notice. Special email addresses for each service center have been established specifically for this purpose. These addresses are listed below and are posted on the USCIS website. Petitioners should email their requests for change of status in lieu of consular notification upon receipt of the notice so the agency has the request before completing H-1B petition adjudication. The requests should include the receipt number and both the petitioner’s and beneficiary’s name, date of birth, I-94 (Arrival/Departure Record) number, and Student and Exchange Visitor Information System (SEVIS) number.  

Email addresses for requesting change of status can be found at THIS LINK.

As additional information becomes available, we will post it at www.bashyamspiro.com. 

Our office has begun receiving receipt notices and approvals for premium processing 'regular-cap' and 'advanced-degree' H1B cases filed for Fiscal Year 2009.  If you have yet to hear anything or receive a receipt notice from USCIS, one tip would be to check with your bank to see if the check for USCIS filing fees has been cashed.  If it has, that is an indication that USCIS has selected your case for adjudication.

For cases that were filed under the regular H-1B cap, we would like to remind everyone that USCIS has stated that it will issue receipt notices by June 2, 2008.  If you have not received a receipt notice yet, that does not automatically mean that your case has not been selected for review.  We expect that USCIS will begin issuing receipt notices (or rejections) for regular-cap H1B applications throughout the month of May.

As additional information becomes available, we will post it at www.bashyamspiro.com.