Immigration News Briefs
Nonimmigrant extension petitions affected
The USCIS website now states that under updated policy
guidance, USCIS is instructing its officers to apply the
same level of scrutiny to both initial petitions and extension
requests for certain nonimmigrant visa categories. The
guidance applies to nearly all nonimmigrant classifications
filed using Form I-129, Petition for a Nonimmigrant Worker.
This includes H-1B, L1 and E2 extensions, among others.
While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner.
The previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy. Now, obtaining approvals of extension petitions will not be any easier than obtaining new petition approvals, which is a marked change from prior policy.
Duplicate biometrics notices issued accidentally
Applicants with pending Adjustment of Status applications
issued from the Texas Service Center (TSC) have been
receiving duplicate biometric appointment notices. For
example, an applicant received a biometrics appointment
notice on 5/26/17 with an appointment date of 6/13/17,
attended that appointment, and then received a second
notice on 8/19/17 to attend another biometrics appointment
on 9/5/17, with no explanation as to why the second
appointment had been scheduled. A technical glitch
had created duplicate notices in some cases. TSC made
adjustments to the local automated process to correct the
issue on 9/12/2017. So if applicants received duplicate or
even triplicate notices, it does not mean that there are
issues with their cases, but rather a technical issue. They
should, however, attend all biometrics appointments.
Deadline for updated medical exam form
Beginning January 2, 2018, civil surgeons must use the
10/19/17 edition of Form I-693. Also, Medical Exams can be
submitted at the time of interview for those applicants who
wish to avoid having their initially submitted medical exam
expire. Adjustment of Status applicants can either file the
Medical concurrently with the application, later with a
USCIS notice (such as Request for Evidence), or at the time
of interview.
APPLICATION FINAL ACTION DATES FOR December 2017
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Feb11 |
01Feb11 |
|
2A |
22Dec15 |
22Dec15 |
|
2B |
22Nov10 |
22Nov10 |
|
3rd |
08Sep05 |
08Sep05 |
|
4th |
22Nov03 |
08Jun04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Nov08 |
Current |
|
3rd |
15Oct06 |
Current |
|
Other |
15Oct06 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - December 2017
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Jan12 |
01Jan12 |
|
2A |
01Nov16 |
01Nov16 |
|
2B |
01Sep11 |
01Sep11 |
|
3rd |
01Dec05 |
01Dec05 |
|
4th |
22Jun04 |
15Nov04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
08Feb09 |
Current |
|
3rd |
01Jan08 |
Current |
|
Other |
01Jan08 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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