Home > Magazine > Immigration > Immigration News Briefs

Immigration News Briefs

Provided by Humera Subhani

July 2023

Premium processing available for F, M, or J applicants

On June 12, USCIS announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.

The premium processing expansion for certain Form I-539 applicants will occur in phases, and nonimmigrants requesting premium processing should not file before these dates:

Beginning June 13, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant
Status.
Beginning June 26, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

This phase of premium processing service is only available for change of status requests. Premium processing is not available for individuals seeking an extension of stay in M-1 or M-2 status. USCIS currently lists $1750 as the fee for premium service. This is in addition to the base fee. Applicants must submit their biometrics before premium processing can begin for these specific categories. Even if USCIS accepts an applicant’s Form I-907 and accompanying fees, the time limit for premium processing will not start running until the applicant and all co-applicants included on the Form I-539 submit their biometrics.

Policy guidance for EADS in compelling circumstances

This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children, and who are caught in the continually expanding backlogs for immigrant visas and face compelling circumstances. This stopgap measure is intended to address certain particularly difficult situations, including those that previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States.

Category (c)(35) is for principal beneficiaries of approved Form I-140s who are in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status and are applying for an initial grant of employment authorization based on “compelling circumstances,” or a renewal of such authorization.
Category (c)(36) is for qualifying dependent spouses and children of a principal beneficiary granted employment authorization under category (c)(35).

USCIS may grant employment authorization and issue an Employment Authorization Document (EAD) in these two categories for up to one year if we determine that there are compelling circumstances that justify issuing employment authorization.

APPLICATION FINAL ACTION DATES FOR JULY 2023

FAMILY	India	Pakistan/Bangladesh
1st	15Dec14	15Dec14
2A	08Sep20	08Sep20
2B	22Sep15	22Sep15
3rd	22Dec08	22Dec08
4th	15Sep05	22Apr07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	01Jan11	15Feb22
3rd	**01Jan09**	01Feb22
Other	01Jan09	01Jan20
4th	01Sep18	01Sep18
5th	01Apr17	Current1B

DATES FOR FILING VISA APPLICATIONS - JULY 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	Current	Current
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun22	Current
2nd	01May12	01Dec22
3rd	01Aug12	01May23
Other	01Aug12	01Feb20
4th	01Oct18	01Oct18
5th	08Dec19	Current1B