ASC Biometrics Backlog at USCIS Likely to Take Months to Clear
Like almost all aspects of life during COVID, USCIS operations have been impacted significantly and we have been seeing extreme delays especially with respect to ASC biometrics processing and, by extension, cases which require biometrics to be completed before adjudication. After a November 19, 2020 update in which USCIS has indicated that the ASC biometrics backlog is extreme and will [...]
US District Court Blocks DOL Wage Levels and DHS H-1B Amendment Rules
In a December 1, 2020 opinion (PDF copy), a U.S. Judge in Northern California has blocked the implementation of both the DOL and DHS/USCIS Interim Final Rules (IFR) which were introduced in October seeking to substantially increase the DOL wage levels used for H-1B and PERM Labor Certification cases and which also sought to introduce substantial changes to the H-1B [...]
December 2020 Visa Bulletin – Tapering Forward Movement for EB
The U.S. State Department has just released the December 2020 Visa Bulletin which is the third Visa Bulletin for the FY2021 fiscal year. The headline in the upcoming month’s Visa Bulletin is the slowing rate of forward movement in most employment-based categories and the 1-year retrogression in EB-3 India which is likely as a result of strong EB-3 India demand [...]
November 2020 Visa Bulletin – Minor Forward Movement for EB Cases; USCIS to Accept I-485s Based on Dates for Filing
The U.S. State Department has just released the November 2020 Visa Bulletin which is the second Visa Bulletin for the FY2021 fiscal year. The headline in the upcoming month’s Visa Bulletin is the minor forward movement in employment Final Action Dates and no change in the Dates for Filing. There is no movement at all in the family-based dates. Update: [...]
USCIS Increases I-907 Premium Processing Filing Fee Starting October 19, 2020
The Department of Homeland Security has substantially increased the I-907 premium processing service filing fee from $1,440 to $2,500 starting October 19, 2020.  Under the optional premium processing service USCIS is required to provide a response within 15 calendar days to most (but not all) employment-based I-129 and I-140 petitions. […]
New H-1B USCIS/DOL Rules to Increase Prevailing Wages, Tighten Specialty Occupation Definition and Make Third-Party Placements More Difficult
In a coordinated effort, both DHS/USCIS and DOL have just released two new rules which seek to introduce substantial changes to the H-1B program. DOL seeks to increase the prevailing wage levels by a substantial margin with immediate effective date of October 8, 2020. DHS/USCIS seeks to change the definition of specialty occupation and employer-employee relationship and to make third-party [...]