One of the common RFE issues raised by USCIS in connection with H-1B petitions is the suitability of the beneficiary’s educational (and experience) qualifications. There are two aspects to this RFE issue — whether the degree itself is a US-equivalent [...]
Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending employment-based primary Form I-485, Application to Adjust Status, cases. Our office has been receiving such [...]
Many of our clients and readers are already aware of the June 13, 2013 "RFE blizzard" where U.S. Citizenship and Immigration Service (“USCIS”) issued thousands of identical requests for evidence (“RFE”) on pending employment-based primary and derivative Form I-485, Application to Adjust Status. Many would remember that in our article from two weeks ago, we [...]
Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service ("USCIS") to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence ("RFE") on pending employment-based primary and derivative Form I-485, Application to Adjust Status. Most of the RFEs were [...]
New documents have been released recently in the prolonged lawsuit by the American Immigration Council’s Legal Action Center, on behalf of the American Immigration Lawyers Association (“AILA”), regarding USCIS’ procedures and predetermined indicators of potential fraud in the H-1B process. (For a detailed review of the lawsuit and associated documents see). Legal History In 2005, [...]
Many of our clients and readers may be aware that USCIS has an online status check system which allows applicants (and their attorneys and employers) to track the progress of a case and obtain case updates. In addition to allowing a single status case lookup, the system has an extremely helpful function which allows users [...]
In a recent report the National Foundation for American Policy (which claims to be a non-profit, non-partisan organization dedicated to public policy research on trade, immigration, education, and other issues of national importance) has analyzed the USCIS rates of issuing requests for evidence (RFE) and denials of L-1 and H-1B petition over the past several [...]
In late January 2011, U.S. Citizenship and Immigration Services (USCIS) announced that they would begin testing their new Validation Instrument for Business Enterprises (VIBE) tool. About VIBE VIBE is a tool designed to enhance USCIS’s adjudications of certain employment-based immigrant and non-immigrant petitions such as I-140 and I-129. VIBE uses commercially available data to validate [...]
After the significant forward movement in many of the family-based preference categories in the fall, the government has received a significant number of I-130 family-based immigrant petitions in a number of preference categories. In an effort to process these pending I-130 petition in a more efficient manner, in November 2010, USCIS transferred approximately 36,000 I-130 [...]
Our office has established a reputation as one of the premier practices for handling appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. The AAO processing times are published monthly, at [...]
