U.S. Citizenship and Immigration Services (USCIS) announced that it would extend the validity of initial work authorization documents for refugees to two years after arrival in the United States.  Previous policy required renewal of the Employment Authorization Document (EAD) after one year.

The new policy will reduce the financial burden on refugees by eliminating the need for many refugees to apply for renewal of work documents before they are able to adjust status to permanent residency.    While there is no fee for the initial application for a refugee EAD, applicants incur a $340 fee for renewals.

This new policy is consistent with the USCIS policy to provide two-year EADs for I-485 adjustment applicants when an immigrant visa is not available.

Stay tuned to www.bashyamspiro.com for additional information as it becomes available.

The U.S. Department of State released its August 2008 Visa Bulletin.  Although employment-based category three (EB3) remains ‘unavailable’, employment-based category two (EB2) made a considerable jump to June 2006 for citizens of India and China.  We think that EB3 will continue to be ‘unavailable’ until at least October, when the new USCIS fiscal year begins.

To access the Visa Bulletin, please go to the Processing Times link on our web site.

The United States Citizenship and Immigration Service (USCIS) posted an update on its web site about changes it is making to the biometrics requirement for reentry permit and refugee travel document applications (Form I-131).  The most important change is that applicants (between the ages of 14 and 79) must now provide biometics (finger prints) before departing the United States.  This is in addition to the requirement that the application be made while the applicant is physically present in the U.S. The immigration service filing fee for biometrics is $80.  

Although the USCIS advises applicants to apply for a reentry permit well in advance of travel,  one can request expedited processing.  To do so, an applicant must submit pre-paid express mailers with the Form I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed reentry permit or refugee travel document, if approved.  A request for expedited processing should contain the applicant’s reasons for such processing so that USCIS may determine whether the applicant qualifies for expedited processing.

A reentry permit is needed if a lawful permanent resident needs to travel outside the U.S. for more than one (1) year.

The United States Citizenship and Immigration Service (USCIS) announced today that the suspension of premium processing for nonimmigrant religious worker (R-1) cases will continue at least until January 7, 2009.  The original suspension of premium processing for these cases was announced on January 4, 2008.

Premium processing is a faster processing service for certain types of cases.  By paying an additional $1000 to the Immigration Service, applicants can get their cases processed within 15 days.  USCIS originally suspended premium processing for religious worker cases since it could no longer guarantee a 15 day turnaround as a result of extensive background checks and the time it takes to process them. 

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

On July 1, 2008 USCIS updated the count of H-2B petitions received and counted towards the H-2B cap. As of July 1, 2008, 17,305 petitions have been counted towards the 33,000 cap for the first half of Fiscal Year 2009.

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.