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Immigration News Briefs

Provided by Humera Subhani

September 2021

B2 extensions not required for F-1 visas

On July 20, USCIS announced a policy update, effective immediately, stating that nonimmigrants do not need to file status extensions while waiting for their approved F-1 visa (also known as a student visa) to take effect.

In the past, international students could not be in the country more than 30 days ahead of their academic program’s start date. However, it often took USCIS more than 30 days to approve an F-1 visa request. In order to remain in the country legally and “bridge the gap,” aspiring students needed to file continuous extensions on their nonimmigrant status until their F-1 visa was approved and they were within 30 days of their program start date.

Now, applicants no longer need to fill out extension paperwork simply to “bridge the gap” between the time their change of status is approved and the time their academic program begins. If there is a gap period, international students must simply avoid any illegal activities for their new status. For example, they must not seek employment or undergo an on-campus practicum until they are within 30 days of their program’s start date.

Premium processing: H-4s, EADs & EBs

DHS is considering and may be publishing a new rule as early as September 2021 that would establish new petition categories eligible for premium processing, consistent with the Continuing Appropriations Act, 2021 (CAA).

The CAA directed the DHS to make premium processing available for the following categories:

All employment-based nonimmigrant petitions.
All I-140 petitions, including for the EB1(c) category and for EB2 national interest. waivers (NIWs), both of which have historically not had access to premium processing.
Form I-539 applications, which is used to apply for a change or extension of status for most dependents (e.g., H-4, L-2), along with F-1 students, B-1/B-2 visitors, etc.
Form I-765, which is used to apply for employment authorization documents (EADs).

The CAA requires the DHS to keep the following guidelines regarding premium processing fees and processing times:

The premium processing fee for I-140 petitions filed for EB1(c) and EB2 NIW cases will be no higher than $2,500, and the processing timeframe will not exceed 45 days.
The premium processing fee for all I-765 applications and most I-539 applications will be no higher than $1,750, and the processing timeframe will not exceed 30 days.
The statute does not specifically apply this limit to certain types of I-539 applications.

Social Security numbers available for adjustment applicants

USCIS announced on August 9 that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS is revising Form I-485, Application to Register Permanent Residence or Adjust Status, to include the additional questions needed to apply for an SSN or a replacement card.

After approving Form I-485, in most cases USCIS will electronically transmit the data to the Social Security Administration (SSA). Upon receiving the data, the SSA will automatically assign an original SSN or issue a replacement card, as appropriate. There will not be an additional fee for this process.

APPLICATION FINAL ACTION DATES FOR September 2021

FAMILY	India	Pakistan/Bangladesh
1st	01Dec14	01Dec14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Sep11	Current
3rd	01Jan14	Current
Other	01Jan14	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - September 2021

FAMILY	India	Pakistan/Bangladesh
1st	15May16	15May16
2A	01Jun21	01Jun21
2B	22Sep16	22Sep16
3rd	22Aug09	22Aug09
4th	01Jan06	01Oct07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Dec11	Current
3rd	01Mar14	Current
Other	01Mar14	Current
4th	Current	Current
5th	Current	Current1B