Goswami & Associates

A significantly higher number of Employment Based Green Cards are available in the month of October 2020! Priority dates will advance significantly in October 2020. To be eligible to file an application for adjustment of status (commonly known as a Green Card), foreign nationals must have a priority date that is earlier than the date listed below, based on their country of birth. 1. EB-1: ... India and China: September 1, 2020 All other countries: Current 2. EB-2: India: May 15, 2011 China: October 1, 2016 All other countries: Current 3. EB-3: Professionals and Skilled Workers India: January 1, 2015 China: June 1, 2018 All other countries: Current 3. EB-3: Other Workers India: January 1, 2015 China: October 1, 2008 All other countries: Current 4. EB-4: El Salvador, Honduras, Guatemala: February 1, 2018 All other countries: Current 5. EB-5: China: December 15, 2015 All other countries: Current Please reach out to the G&A Team if your priority date is current in October 2020. Please also reach out to us if you are in the EB-2 Category, but your priority date is not current.

The USCIS is funded by filing fees. Yesterday, the Service hinted at processing delays due to an expected shortfall in funding. Their position that this is the result of the Federal Court's temporary injunction on increased filing fees. Processing delays may occur. Yet, a Bill to expand Premium Processing has been passed into law yesterday. Watch this space for further updates!

The Federal Court for the Northern District of California has temporarily enjoined the USCIS' proposed increase in Filing Fees, which was scheduled to go into effect on October 2, 2020. The temporary injunction applies throughout the US. Appeals against this decision are expected, and the G&A Team will keep you informed of changes as and when they occur. Watch this space for more real time developments! Virender Goswami and the G&A Team are keeping a close eye on developments.

DHS has proposed an amendment to Regulations which will eliminate the longstanding "duration of status" policy applied to foreign nationals in certain visa classifications, including the F-1 Visa. If finalized as proposed, this rule will require students to apply for an extension of stay to continue their curricular activities beyond the admission period. This also means that staying beyond the period of admission will result in unlawful presence being incurred, like other non-immigrant visa categories.

The USCIS has announced that it will avert a furlough of 70% of its workforce, which was projected to occur at the end of this month. However, furloughs have not been ruled out for the coming fiscal year. The Service has also warned of longer processing times for some immigration benefits. On a related note, the U.S. House of Representatives unanimously passed a Bill this weekend, as a stop-gap method to avoid budget cuts at USCIS. The Bill proposes expansion of premium processing. If passed in the Senate, this would mean availability of premium processing for a wider range of applications and petitions, as well as an approximately 74% increase in premium processing fees. The G&A Team continues to follow developments.

Recently SCOTUS held that the Trump Administration's rescission of the DACA Protection for Dreamers was improper. The Administration remains committed to terminating the Program and is carefully reconsidering the policy. Meanwhile, the USCIS has issued guidelines limiting the scope of the DACA Program. The Service will now on (i) reject any first-time DACA applications; (ii) require that existing DACA recipients renew their approval and work permit yearly, instead of every two years. In addition, such renewals may be submitted no more than 150 days before the expiry of presently valid approval. Please do not hesitate to reach out should you require any clarification.

As a result of a recent settlement before a Federal District Court, the USCIS has relaxed the I-9 requirements for employment of EAD Holders. If your Form I-765 Application was approved between December 1, 2019 and August 20, 2020, you are eligible to be employed on the basis of your approval notice alone. This relaxation is in effect until December 1, 2020. For more information, please feel free to contact us!

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