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Immigration News Briefs

Provided by Humera Subhani

January 2024

USCIS Expands myProgress to Forms I-485 and I-821

On November 21, USCIS announced that it is expanding myProgress (formerly known as personalized processing times) to Form I-821, Application for Temporary Protected Status, and Form I-485, Application to Register Permanent Residence or Adjust Status. myProgress will initially only be available for family-based or Afghan special immigrant I-485 applicants.

myProgress provides applicants with access, in their online account, to personalized estimates of their wait time for major milestones and actions on their case, including their final case decision. While estimates are based on case type and historical patterns, they are not a guarantee of timing, and cannot take into consideration all possible unique application processing factors.

In addition to Form I-485 and Form I-821, myProgress is available for applicants with a USCIS online account who file Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document; Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.

To view myProgress, applicants must first create a USCIS online account or log into their online account and select their pending application. If they filed online or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside milestones as they are completed:

confirmation that the application was received;
movement of the application through preprocessing and adjudicative steps; and
case decision.

Applicants will still need to visit the public “Check Case Processing Times” webpage to determine if they are eligible to file an “Outside of Normal Processing Times” service request.

Visa Options for Content Creators and Social Media Influencers

Due to the rise of content creators and social media influencers in the job market, there have been many queries and confusion regarding the legality of stay in the U.S. as well as options for work or permanent status in the U.S. U.S. immigration policy has begun considering this type of work as a legitimate work area and basis for employment authorization, as well as permanent residency.

The B2 (visitor visa) does allow individuals to enter the U.S. and remain for up to six months. However, there cannot be any type of paid work. Even working for a company in a different country while remaining in the U.S. can be considered a violation of the visitor visa. Therefore, if someone wishes to work in the U.S. in these areas, other work visas should be considered.

There are three main work visa options for online content creators and social media influencers—the O-1B visa, I visa and the EB-1A. The O-1B visa or “talent visa” is for those with extraordinary ability looking to temporarily live and work in the U.S. This visa requires that the applicant must show a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered. This means being able to show that they are prominent, renowned, leading or well-known in what they do. In this field it would mean showing this through brand ambassadorships and having a high online following consistently earning them elevated views, likes or shares. USCIS will also look for high revenues and worldwide recognition, among other factors. Marketing campaigns, contracts and work offers in the U.S. will also be considered.

APPLICATION FINAL ACTION DATES FOR JANUARY 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Jan15	01Jan15
2A	08Feb19	08Feb19
2B	22Sep15	22Sep15
3rd	**08Jan09**	**08Jan09**
4th	08Oct05	22Apr07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan17	Current
2nd	01Jan12	15Jul22
3rd	**01May12**	01Dec21
Other	**01May12**	01Aug20
4th	01Jan19	01Jan19
5th	15Dec18	Current1B

DATES FOR FILING VISA APPLICATIONS - JANUARY 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jul19	Current
2nd	15May12	01Jan23
3rd	01Aug12	01Feb23
Other	01Aug12	15Dec20
4th	01Mar19	01Mar19
5th	01Apr22	Current1B