Uscis processing times
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Uscis processing times

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Hi guys my name is Marisa with guerrilla TV today we're going to talk about processing times so processing times do depend on the type of case that you're filing whether it's a family-based petition or an employment-based petition the most helpful thing to do is to actually look at your receipt notice it will give you a receipt notice date which is the date that you can kind of track your processing time from depending on the type of application if you have a family-based petition it will also have a priority date for example you have an i-130 application pending you can search by the i-130 form depending on that category that you filed under will determine how long your processing times are if you are a brother or sister of a US citizen currently the processing times are about seven to nine years us das processing times can and always are fluctuating so they update their website every month to the most current processing times and that information they base off of cases that have been received and processed in the last two months so it's not necessarily up to date to the day but you can you know be assured that it's at least within two months of what they are processing and how they will adjudicate your cases when you're looking at your receipt notice or your receipt number which is also at the top of that notice it will give you information as far as where your application is pending if for example if your receipt number starts with LAN that is at the nebraska service center a receipt number beginning with w AC is being processed at the california service center there's even a few with a ys c processing at the potomac service center which is a little bit more rare but you know in case those four c numbers do come up that's where you can search for the processing time at that specific service center and if you have a work permit that is pending the form number is an i7 six five those can also be forwarded over to and processed at the national benefits center and in those cases you might have a receipt number that begins with MSC so a lot of those can be tracked and you can get kind of an overall idea of how long your case is gonna take to process and if you feel that your case is you know beyond that normal processing time it's helpful to also look at not only you know the range of the processing time but also at what date you can submit an inquiry or ask your attorney to submit an inquiry as to you know your case being outside of normal processing time thank you for watching gray wa TV please be sure to LIKE and subscribe.

FAQ

What are the eligibility criteria to apply for an EB-1 type green card in the USA?
The answer to this question depends on which specific EB-1 category you are asking. There are three types of EB-1 green card: EB-1A (Alien of Extraordinary Ability), EB-1B (Outstanding Researcher or Professor) and EB-1C (Multinational Executives or Managers).Among these three categories, only EB-1A allows self petition --meaning, an individual can petition an EB-1A case for himself/herself without any U.S. employer to act as the sponsor/petitioner. However, EB-1A also has a very high standard of law. It requires the petitioner to show that the individual has either won some major award (Nobel Prize, for example) or met at least three out of ten regulatory criteria and show that the individual has "risen to the very top of the endeavor with national or international acclaim."(http://www.wegreened.com/EB1A). After the precedent case, Kazarian v. USCIS (http://www.wegreened.com/EB1A_tw...), the adjudicating officers are applying a two-part adjudication approach -- after determining whether the the individual has met at least three regulatory criteria, the adjudicator must consider all of the submitted evidence in totality to make a determination as to whether the foreign national meets the requisite level of expertise for the category. Although it is generally difficult to obtain EB-1A approval, with the assistance of an experienced law firm, one can maximize the chance of EB-1A approval.EB1-B category requires a U.S. employer to act as the petitioner/sponsor while the foreign national as the beneficiary. The EB1-B petitioner can be a university or a private company. Depending on the type of the petitioner, there are certain qualifications the petitioner needs to meet. For example, for a private company to act as an EB-1B petitioning employer, among other things, the company has to have (1) at least three full-time researchers (2) proven academic achievements and (3) documentation showing the capacity to pay the beneficiary's salary. http://www.wegreened.com/EB1B-Ou...EB-1C category also requires U.S. employer to sponsor and it requires certain work experience overseas.
How long does getting a green card take?
Thanks for your question! However, the answer to it heavily depends on several different factors including, among other things:The type of green card you are seekingYour current qualificationsYour country of originThe service center that is processing your petitionAs such, I’ll go over the basic processing times for the broader categories of green cards to cover the basics. A green card is referred to as an “immigrant visa” by the USCIS. This is in contrast to the temporary “nonimmigrant visas” such as the H-1B. A green card grants the holder lawful permanent residence in the U.S., allowing that person to enjoy many of the benefits that citizens have.The main steps to most green cards are these:Your sponsor files a petitionThe USCIS receives and processes your petitionYou wait for your priority date to be currentYou either file to adjust your status or go through conprocessingYou receive your green cardHere is a quick rundown on priority dates if you are not familiar with them. The date that the USCIS receives your petition becomes your personal priority date. Each month, the Department of State releases “final action dates” in a visa bulletin that you will need to keep track of. The final action dates are divided according to the type of green card as well as the beneficiary’s country of origin. Once your priority date matches or passes the date in your section, you can move onto the next step toward your green card. Keep in mind that this step could take no time at all or it could take years. It all depends on which section you are in. For example, someone from India who is applying for an F-4 green card will find much longer waiting times than someone from El Salvador who is applying for an EB-2 green card.There are several different avenues that you can use to obtain a green card, many of which have to do with your sponsor.Family-Based ImmigrationIf you decide to get your green card through your family, you will need a sponsor who is either a U.S. citizen or a green card holders themselves. Your processing time will heavily depend on who your sponsor is. If your sponsor is a U.S. citizen who is an immediate relative (such as a spouse, child, adopted orphan, or parent), then you will not have to wait for your priority date to be current before moving onto the next step. There are always visas available for immediate relatives.On the other hand if you are a married child, a child over the age of 21, or a sibling of a U.S. citizen or if you are the spouse or child of a green card holder, you will need to use the F classification of green cards. These almost always have long priority date waiting times, so you will need to check the visa bulletin to determine how long it will take for your green card.Employment-Based ImmigrationFor those that wish to have their sponsor be their employer rather than a family member, there are five main preference levels of green cards that can be avenues for you to get your immigrant visa.EB-1: This is for aliens with extraordinary achievement, outstanding researchers and professors, and multinational executives and managers.EB-2: This for those who have exceptional ability, those that have advanced degrees (master’s or higher), and those that qualify for a National Interest Waiver (which will allow you to self-petition).EB-3: This is for professionals (bachelor’s degree holders), skilled workers (with two or more years of experience), and other workers (with fewer than two years of experience).EB-4: This for specialty workers. Click here to see the list of occupations that qualify.EB-5: This green card is based on your investment rather than your employer. You need to invest at least $1 million in a U.S. business or $500,000 in a U.S. business in a rural or underemployed area.The EB-1, EB-2, EB-4, and EB-5 tend to have short priority date waiting periods, but that fluctuates regularly. Occasionally, the EB-1 category will be oversubscribed and the dates will backlog for several years. Like with the family-based immigration, it all depends on which visa you are applying for and where you’re from. The more people from your country that petition for your same green card, the more backlogged the dates will become.Keep in mind that, if your priority date will not be current for some time, the USCIS may wait to begin processing your petition until that time is closer. You must wait until both your priority date is current and your petition is approved before moving onto the next step.Premium ProcessingFor many cases involving the I-130 and the I-140 petitions, the USCIS takes an average of six months to process them, all things being equal. This is dependent on the particula service center that is processing the petition. If they are busy, it may take longer.One way to get around this is to use premium processing. This is an optional feature that is only available to certain green cards that use the I-140 (the EB-1C and EB-2 NIW are excluded from premium processing). By paying the $1,225 fee and filling out an I-907 form, you can have your processing time shortened to just 15 calendar days. Keep in mind that this does not improve your chances of being approved and you will still need to wait until your priority date is current. So premium processing is primarily useful for those with current priority dates or no dates at all (like for immediate relatives).Adjustment of StatusOnce your priority date is current and your petition has been approved, you can choose one of two options. If you are currently in the U.S. at this point under a valid nonimmigrant visa, you have the option to simply adjust your status from nonimmigrant to immigrant. To do so, you need to submit an I-485 form and wait the six months for approval. Premium processing is not available to speed up the I-485.ConProcessingOn the other hand, if you are outside the U.S. and not under a valid visa status, you will need to use conprocessing. This means that you will need to travel to the U.S. consulate or embassy in your home country to participate in a one-on-one interview with a conofficer. While this may seem less convenient, it could be the faster and also the cheaper option depending on your situation. Conprocessing is available to those that are inside the U.S., but is mandatory for those that are not. You will need to allow for several weeks for the the Consulate to schedule an appointment and for that appointment date to come.RFEsIf your petition is lacking in certain documents to support your petition (such as a marriage certificate, degree, or passport copy), then the USCIS may send a Request for Evidence (RFE) rather than reject your petition outright. If you receive an RFE, don’t panic. Just be sure to hand it to your attorney, who will help you respond in an effective and timely manner. RFEs can greatly affect the time it takes to process your petition.So there you have it. There are many different kinds of green cards and each one has a different processing time. It also changes depending on your country of origin, your particular situation. Even though I don’t know which green card you are interested in, I hope that this gives you a better idea of what the processing time will be like. Of course, your immigration attorney can give you a better idea of the time it will take.This answer is not to be considered as a substitute for legal advice and does not establish an attorney-client relationship.
Can I obtain an E2 visa without an immigration lawyer, given that I meet all the criteria for it? What are the risks?
Good question. Hiring an immigration attorney to assist with the application process can get quite expensive so it makes sense to consider doing it yourself (DIY). Also, you are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. But, as you seem to be aware, DIY carries significant risk.All U.S. immigration applications involve filling out many forms, which require detailed instructions about gathering and including other paperwork and fees. The problem is that it’s easy to make a small mistake, which then can delay things and even your application to be rejected. Also, a veteran immigration attorney knows the ins and outs of with United States Citizenship and Immigration Services (USCIS), which usually speeds up the process much more than someone submitted a bunch of forms from overseas.Immigration attorneys have maneuvered these forms many times before you so hiring a lawyer can be well worth it for not only getting it done quickly and effectively the first time, but also for your peace of mind. If you’re interested in possibly hiring an immigration lawyer or just curious how much it would cost then feel free to visit LawTrades. We offer free initial consultations with experienced immigration attorneys and our rates are a fraction of what large law firms will quote you. Good luck!
How often are USCIS processing times updated?
In my experience, they get updated once a month, usually around this time of the month, for the month two months prior.So, sometime around April 15, they will update the website with the processing times as of February 28.
What was your path to U.S. citizenship?
L1B visa (internal company transfer, technical) starting in 2005.Then green card on the basis of employment from late 2021. Shortly after that was issued, I got engaged to my American wife but that's not the basis for my green card or citizenshipIn November 2021 my green card expired (note the card expires but permanent resident status does not) so I finally filled out the N400 in August. There is a question that asks you to list all your trips outside the US, something USCIS surely already knows, and was the main reason I put this off, and many colleagues are still doing so.In October 2021 I gave up on naturalization happening in time and renewed my green card. Of course, the day I got my finger prints done I got my interview appointment for December.Naturalization in February. No hitches at all except a surprise handheld cellphone ticket in January that then has to be explained before the ceremony. If you've never been to a naturalization ceremony I recommend it. The combination of mass bureaucratic processing and moving rhetoric and poetry is remarkable.It surprises me slightly how easily and naturally I've started to say "we" instead of "you" when discussing US politics. Although having moved during the Iraq war and naturalizated during the Trump adminstration I apparently have remarkably poor timing.
How can someone find out what is the current processing time for an H1-B extension by the USCIS office?
Every H1B application is different, because of which processing times vary from application to application. Also, the processing time depends on the corresponding processing center's workload. Whether it's an extension of existing application or altogether a new one, the processing times vary based on various factors like whether it's a premium processed application or a regularly processed one, in the former case the application should be processed in a fortnight, whereas in the latter case the processing time depends on the no. of applications that particular center is processing. But if everything is good in a the application, it should take 4-6 months to give you an answer.
As per the latest memo to USCIS for H1Bs, what is the impact on H1B extensions?
There is a string of policy memorandums implemented by USCIS that can drastically complicate the H1-B extension process.Most recently, on Sept. 11, 2021. Policy Memorandum 602-0163 went into effect granting USCIS officers the ability to deny a visa or green card application, petition or request (extensions) without issuing a Request for Evidence (RFE).What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of giving the applicant or petitioner an opportunity to correct clerical errors or prU.S. employers and attorneys the right to address concerns.Adjudicators have effectively been given almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.When taken in conjunction with these four other new policies enacted by the Trump administration, the implications are astonishing and pose major issues to H-1B visa extensions.1. Deference to previously approved visasThe first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2021. The new memorandum rescinded previous guidance, issued April 23, 2021. that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.2. Level 1 wageThe second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2021. USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage.USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.3. Specialty occupationThis brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.4. Right to controlAnother obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site. If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways including with the use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.Lastly, the implementation of USCIS Policy Memorandum 602-0050.1 beginning October 1, 2021. expands the conditions under which USCIS issues a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to include situations where:“upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.”The expansion of NTA policy will severely limit, the option to self-deport and could be ruinous for visa applicants by putting them in jeopardy of becoming criminals and being barred from the United States should they become out of status upon denial without warning.This is particularly alarming since RFEs are now issued at the adjudicator’s discretion adding undue pressure on the high-skill immigrant workforce. We may see a drastic increase in flat-out denials (including for extensions) even in cases that would ultimately be approved given the chance to rectify concerns or submit additional evidence.The implication for an H1-B visa holder seeking an extension is this: dot your i's and cross your t's, there is absolutely no room for error. Make sure you have a seasoned law professional with high approval success in your corner.Collectively, these changes could be devastating to American employers and employees who use legal processes to file visa petitions on behalf of the foreign nationals to extend their employment.** Guidance for employment-based petitions and humanitarian applications and petition case types will not be implemented according to the June 28th NTA memo at this time.**
What kinds of RFEs USCIS are imposing on H1B Extensions?
FYI: Effective today, Sept. 11, 2021. USCIS officers are no longer required to issue a Request For Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes.4 major issues with H-1B visas that can trigger an RFE1. Deference to previously approved visasThe first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2021. The new memorandum rescinded previous guidance, issued April 23, 2021. that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.2. Level 1 wageThe second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2021. USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.3. Specialty occupationThis brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities. Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.4. Right to controlAnother obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site.If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways, most common are: who pays the H-1B worker, sets their hours, directs their daily tasks, is in charge of hiring and firing, provides benefits and claims the worker for tax purposes. The use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.
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