Law Office of Tricia Wang

Are you eligible for nonimmigrant visa interview waiver? Under the recently expanded interview waiver eligibility requirements (valid through December 31, 2021), visa applicants who meet the following criteria may qualify for the interview waiver program: Applicant has a previously issued U.S. visa in the same classification as the visa for which they are applying; ... Applicant is applying at the consular post of the applicant’s usual residence; The prior visa is not annotated Clearance Received or Department Authorization; The most recent visa in the same classification for which the applicant is applying, was issued on or after their 14th birthday (For children under 14 years of age, interviews are rarely required.); The most recent visa in the same class for which the applicant is applying was not lost/stolen or cancelled; The applicant was not previously refused a visa in any classification, unless the refusal was overcome or ground for inadmissibility was waived; and The applicant’s prior visa in the same classification is still valid or has expired within the last 48 months. See more

USCIS Offers Relief to Grievance caused by Lockbox Filing Delays Release Date : 06/10/2021 U.S. Citizenship and Immigration Services will offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices. The following temporary flexibilities are effective for 60 days from June 10 until Aug. 9..., 2021: If you submitted a benefit request to a USCIS lockbox between Oct. 1, 2020, and April 1, 2021, and that request was rejected during that timeframe solely due to a filing fee payment that expired while the benefit request was awaiting processing, you may resubmit the request with a new fee payment. If USCIS concurs that it has rejected the benefit request because of the delay, USCIS will deem the request to have been received on the initial filing date it was first received and waive the $30 dishonored check fee. USCIS will allow applicants and petitioners to submit documentation with a benefit request resubmission demonstrating that because of the time that elapsed between when a benefit request was originally submitted to a USCIS lockbox and when USCIS rejected it, an applicant, co-applicant, beneficiary or derivative has reached an age that makes them no longer eligible to file for the benefit requested. If USCIS agrees that the delayed rejection caused the person to be ineligible due to age, USCIS will accept the request and deem it to have been received on the date the initial benefit request was received.

Two year EAD for Adjustment of Status applicants starting June 9 2021 USCIS updated its Policy Manual today. The policy alert notes: in the interest of reducing the burden on both the agency and the public, because the current median processing time for certain adjustment of status applications is close to or greater than 1 year, USCIS will now issue initial and renewal EADs to adjustment applicants that are valid for 2 years. ... Replacement EADs will not be affected by this update; USCIS will continue to issue replacement EADs with the same validity dates as the original EAD.

EAD for F1 students from Burma On May 24, 2021, DHS Announces Special Student Relief Employment Benefits to Burmese Students Experiencing Severe Economic Hardship. The notice applies exclusively to F-1 nonimmigrant students who meet all of the following conditions:... Are citizens of Burma, regardless of country of birth; Were lawfully present in the United States in an F-1 nonimmigrant status on May 25, 2021; Are enrolled in a Student and Exchange Visitor Program (SEVP)-certified school; Are currently maintaining F-1 nonimmigrant status; and Are experiencing severe economic hardship as a direct result of the current crisis in Burma. The suspension of these requirements will remain in effect until Nov. 25, 2022 for Burmese students. If you need help applying for EAD, please contact our office 510-791-0232 or email [email protected]

No Biometrics fee starting today for H4, L2, E status or your I-539 filing will get rejected if you include the fee in your filing fee check! USCIS announced that, effective May 17, 2021, it will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539 to request an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. The suspension will apply through May 17, 2023. The suspension will apply to certain cate...gories of Form I-539 applications that are either pending as of May 17, 2021, and have not yet received a biometric services appointment notice, or new applications postmarked or submitted electronically on or after May 17, 2021. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later, if applicants meeting USCIS’s criteria submit a single payment covering both the filing fee and the $85 biometric services fee.

Need to Reschedule your Biometric Services Appointment? On May 11, 2021, USCIS announced applicants, petitioners, requestors, and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center. Previously, applicants had to submit requests in writing to reschedule biometrics appointments. Applicants must establish good cause for rescheduling and must call before the date and time of their original appointment to reschedule.

Great Relief for all H4 - Proposed H-4 EAD Rescission Rule Withdrawn from Review at OMB On January 25, 2021, the Trump-era proposed regulation, Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (commonly known as the H-4 EAD Rescission Regulation) was withdrawn from review at the Office of Information and Regulatory Affairs (OIRA), which is an office within the Office of Management and Budget (OMB) tasked with the review of Executive Branch regulations. The proposed regulation had been pending with OIRA since February 2019. The withdrawal of this proposed regulation was in response to a regulatory freeze memo issued by the Biden Administration on January 20, 2021, freezing all rulemakings pending review.

USCIS Final Rule Creating a Wage-Based Selection Process for H-1Bs USCIS final rule creating a wage-based selection process for H-1B registrations. The regulatory text is the same as that in the Notice of Proposed Rulemaking published on 11/2/20. The rule is effective 3/9/21. (86 FR 1676, 1/8/21)

USCIS again Extends Flexibility for Responding to Certain Agency Requests January 28, 2021 USCIS announced that, in response to the ongoing COVID-19 pandemic, it is extending the flexibilities originally announced on March 30, 2020. This flexibility applies to certain documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021, inclusive.

DACA is back! USCIS announced that in response to the December 4, 2020, court order reinstating DACA, effective December 7, 2020, USCIS will accept first-time requests for consideration of deferred action under DACA based on the terms of the DACA policy in effect prior to September 5, 2017. USCIS will also accept DACA renewal requests; applications for advance parole documents; extend one-year grants of deferred action under DACA to two years; and extend one-year EADs under DACA to two years.

USCIS Suspending In-Person Services Jan. 19 and 20 U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments. USCIS will reschedule individuals who had appointments on Jan. 19 and 20 and send them notices with their new appointment dates.

Last Minute Holiday Gift Idea My office is sponsoring my favorite artist - Introducing this playful , cute, humorous coloring book suitable for all ages, Feeling bored? Discover your artistic self by playing with colors. Available on Amazon. Only $5.95

Receipt Notice Delays for Applications and Petitions Filed with USCIS Lockbox On January 8, 2021, the USCIS lockbox issued an alert notifying stakeholders of the current state of lockbox operations, specifically delays in the issuance of receipt notices filed at USCIS lockbox facilities, brought on by the ongoing COVID-19 pandemic, and steps being taken to mitigate the issues at hand. USCIS states that stakeholders may experience delays of four to six weeks in receiving recei...pt notices after proper submission with a USCIS lockbox. USCIS has also indicated that significant delays are possible if filing non-family-based Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-765, Application for Employment Authorization, based on eligibility categories described in 8 C.F.R. 274a.12(c)(3), relating to F-1 students. The lockbox workforce is currently working extra hours and redistributing its workload to minimize these delays.

Prevailing wages returned to the Normal - Northern California District Court Sets Aside DHS and DOL H-1B Wage Rules Finding that defendants failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements, the U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. (Chamber of Commerce, et al., v. DHS, et al., 12/1/20)

Applicants who apply for naturalization on or after Dec. 1, 2020, will take the updated version of the test: USCIS just announced new test requirements for naturalization: Increases the general bank of civics test questions from 100 to 128, the number of test questions for the exam to 20 (from 10), and accordingly, the number of correct answers needed to pass the civics test to 12 (from 6). The test score required to pass (60 percent correct) will... not change. Confirms that USCIS will continue to administer 10 test questions (with required 6 correct answers) to applicants who qualify for special consideration because they are age 65 or older and have been lawful permanent residents for at least 20 years. Provides that officers will ask all 20 test items (or 10 to special consideration applicants), even if the applicant achieves a passing score. See more

New DHS Final Rule Creating Wage Based Selection System for Cap Subject H-1B Petitions Currently is scheduled to take effect on March 9, 2021. The following summary provides an overview of the main provisions of the rule and how it will change the H-1B registration process. Notably, DHS estimates in its final rule that under the new wage based selection process, no registrations for individuals who are paid a Level 1 wage will be selected to submit an H-1B cap-subject petitio...Continue reading

My office is sponsoring my favorite artist - Introducing this playful , cute, humorous coloring book suitable for all ages, Feeling bored? Discover your artistic self by playing with colors.... This book can also be a great holiday gift idea. Available on Amazon. Only $5.95

To our PI clients and others: NO TREATMENT, NO PAY Below are two of our recent personal injury settlement checks. These two clients were riding in the same car that got rear-ended in the same accident. Both suffered soft tissue injuries, i.e. neck and back sprain and strain, etc., but one received more treatments than the other. As a result, the compensation received are quite different. We have seen this happening very often in our practice some clients often have different reasons for not seeking treatments, such as too busy with work, too busy with kids, too busy with school Naturally they got disappointed when they got the check. So we want you to learn from the lesson here: NO TREATMENT, NO PAY.

Premium Processing Fee Increase Effective Oct. 19, 2020 U.S. Citizenship and Immigration Services (USCIS) today announced it will increase fees for premium processing, effective Oct. 19, from $1,440 to $2,500, for all filings except H-2B or R-1 is increasing from $1,440 to $1,500.

YES, WE DO PERSONAL INJURY CASES TOO! Every once a while, we feel like to remind our clients and potential clients, that we are specialized in personal injury cases too. Our Facebook posts are overwhelmingly about immigration news updates, this is mostly because immigration is an ever-changing area with frequent updates in law and policy. In personal injury field, there is few changes so just not as much to talk about. Lately we settle a case which may worth mentioning. We ...attached the release for you to see. It was a very serious car versus pedestrian accident resulted in very serious injuries. Unfortunately, serious injuries do not automatically equal to a lot of money. In order to get good recovery for serious injury, the liable party must carry sufficient insurance coverage, ideally. In California, the legally mandated minimum automobile coverage is only $15k/$30k ($15k per person and $30k per occurrence). This means that no matter how serious your injury is, if the liable party only carries the minimum coverage, the insurance company is only going to tender the policy limit of $15k. The rest you would have to go after the liable party himself or herself. If the liable driver has very low income and no assets, then you are out of luck. Fortunately for this client of ours, we are able to locate the liable driver’s asset and recover additional $300,000 from his personal contribution, in addition to the $100k from his auto insurance policy. Even though this still is not enough to be bragged as good compensation, we feel that we have achieved the best result for our client in view of the circumstances, especially the liable driver’s limited resources. And by resolving the claim expeditiously, we are able to eliminate all the uncertainties in this uncertain time. Lastly, for all the people out there driving, please get good coverage to protect others and yourself. Otherwise, if you accidentally run over someone, you may lose your home! Also for your own protection, please make sure you get UM (Uninsured Motorist) and UIM (Underinsured Motorist) coverage!

Prevailing Wage for H1B and GC to increase dramatically Effective October 8, 2020 An advance copy of the DOL interim final rule (IFR) submitted to the Office of the Federal Register for publication amends existing regulations governing permanent labor certifications and labor condition applications (LCA). Specifically, the IFR will change the computation of prevailing wage levels, resulting in higher prevailing wages for all occupations for each OES-based wage level. Level I ...Wage: 45th percentile (from 17th percentile) Level II Wage: 62nd percentile (from 34th percentile) Level III Wage: 78th percentile (from 50th percentile) Level IV Wage: 95th percentile (from 67th percentile) This IFR takes effect on October 8, 2020. In order to take advantage of the current leveling system, LCAs must be filed by the end of day October 7, 2020. This IFR will be published on October 8, 2020 and takes effect immediately upon publication. This rule will only apply to applications for prevailing wage determination (PWD) pending with the NPWC as of the effective date of the regulation; applications for prevailing wage determinations filed with the NPWC on or after the effective date of the regulation; and LCAs filed with DOL on or after the effective date of the regulation where the OES survey data is the prevailing wage source, and where the employer did not obtain the PWD from the NPWC prior to the effective date of the regulation. Employers that rely on LCAs or PWDs will see an immediate increase to the wages associates with each wage level. This will effectively increase the required wage associated with H-1B, H-1B1, and E-3 benefit requests, as the required wage is defined as the higher of the actual wage and the prevailing wage. The IFR will result in higher wages associated with employment-based immigrant visa petitions that rely on OES-based PWD applications. DOL will not apply the new regulations to any previously-approved prevailing wage determinations, permanent labor certification applications, or LCAs, either through reopening or through issuing supplemental prevailing wage determinations or through notices of suspension, invalidation, or revocation.

Today is a day that worth celebration! We got 4 green card I-485 approvals in one day! One is an EB3 with I-485 filed in July 2019, one is an EB1A with I-485 filed in March 2018, one is an F2A (Spouse of green card holder) with I-485 filed August 2019, and the last is an EB1C with I-485 filed in November 2017! We feel so happy for our clients, after being through this difficult journey with them!

DHS Proposes Rule to Strengthen Affidavit of Support Process The proposed update would require American citizens, U.S. nationals and lawful permanent residents who choose to sponsor an immigrant by submitting a Form I-864, Affidavit of Support Under Section 213A of the INA, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, to provide credit reports and credit scores, certified copies of income tax returns for the last three years, and bank account informati...on to effectively demonstrate they can maintain the required income. Additionally, under the proposed rule, any petitioning sponsor found to have received means-tested public benefits within the last 36 months of submitting a Form I-864, or to have defaulted on previous obligations to support an immigrant, must be backed by a joint sponsor who has received no such public benefits during that time. Other proposed changes include eliminating the subpoena requirement before USCIS can provide certain information to benefit-granting agencies and other parties authorized to pursue civil action against defaulting sponsors, and limiting the type/number of household members who can file a Form I-864A, Contract Between Sponsor and Household Member

USCIS fee rule halted in its entirety and enjoined!!! We just learned that, thanks to the tireless effort of AILA’s Litigation team, the Immigrant Legal Resource Center (ILRC), East Bay Sanctuary Covenant and other organizations, the USCIS’ fee rule, set to take effect on October 2nd, has been enjoined. Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the Final Rule) in its entirety pending final adjudication of this matter.

GREAT NEWS FOR EMPLOYMENT-BASED GREEN CARD APPLICANTS MANY OF YOU MAY BE ABLE TO APPLY FOR ADJUSTMENT OF STATUS STARTING OCTOBER 1, 2020! If you are applying green cards, you should know about Visa Bulletin from where you check your position in the long waiting lines. But I am sure many of you are very confused about whether you should follow Chart A or Chart B to decide whether it is time for you to apply for adjustment of status. At the same time of filing for adjustment ...of status, you may file for work permit and travel permit, which is a huge benefit for most people on the waiting line for their green cards. Many people are very anxious and they check Visa Bulletin every month to see the visa progress. But if you are in the United States, what you should check is the USCIS Adjustment of Status Filing Charts. Here it will inform you whether you should use Chart A or Chart B. Usually it is Chart A. But for October 2020, the employment-based applicants can use Chart B!!! In September 2020, you should use Chart A, here’s the link for proper display of the chart of A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES (Sep 2020) https://www.uscis.gov//when-to-file-your-adjustment-of-sta For October 2020, you should use Chart B. See it for yourself the big movements for everyone, born in different countries, and under different categories! Visa is current for all categories for people who were born in countries other than Mainland China, India, and the 4th preference people born in El Salvador, Guatemala and Honduras. Even for applicants born in Mainland China, and India, it has advanced so much that many of you may see your priority date is up for AOS filing, but some of you may need to apply to downgrade your EB2 to EB3. The October 2020 cutoff dates are: Employment-based China Mainland INDIA 1st 01SEP20 01SEP20 2nd 01OCT16 15MAY11 3rd 01JUN18 01JAN15 Below is the link for Chart B: DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS (Oct 2020) https://www.uscis.gov//when-to-file-your-adjustment-of-sta You may also check it from my office website www.wangslaw.com under Resources and then click on Adjustment of Status Filing Charts from the Visa Bulletin. At this time we still don't know if this change will last. Therefore it is imperative for people who will be benefiting from this change to prepare and file for adjustment of status within the month of October 2020! If you have any questions, you should contact your attorney. If you don’t have one, please feel free to call us 510-791-0232 or contact us from our website www.wangslaw.com We will be more than happy to help you!

To our PI clients and others: Is it safe for you to get treatments during Covid-19 Pandemic? Since the outbreak of Covid-19 pandemic, many of our car accident injury clients are hesitate to seek treatment out of fear of getting infected. Of course, I am talking those clients suffering whiplash injuries such as neck and back sprain and strain, etc., and those need rehabilitation such as physical therapy after having surgeries. Those suffered serious injuries such as broken bo...nes were sent to emergency room by ambulance so no hesitation for them. I wish to talk from my own experience. My family and I, we were shelter in place like majority of you. We avoided going out of the house except for grocery shopping every two weeks. And we stopped all non-emergency doctor visits such as annual physical checkup, teeth cleaning, etc. However, recently due to the change in our health insurance, I have made a number of doctor visits including blood test, mammogram, ultrasound, teeth cleaning, visiting my primary care physician, and my eye doctor for a pair of new glasses! I did all these in the past two weeks or so, one after the other, and I feel quite safe. All of these doctors and facilities are following very strict safety protocols. I actually feel safer than going grocery shopping. My message to you here is, you should check it out, and get treatments you need. If you don’t get treatments, then we don’t have treatment records and bills to show your injuries, insurance companies won’t pay fairly for your injury claim. Of course, monetary compensation may not be your priority, your own wellbeing should be. For your own wellbeing, you also should get treated until you are fully recovered. Take care and stay well!

Form I-944 is Required again! USCIS Provides Update on Public Charge Rule Following Second Circuit Decision Today the USCIS announced that following the September 11, 2020, Second Circuit decision, it will apply the public charge final rule and related guidance in the USCIS Policy Manual to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. USCIS will not readjudicate any applications and petitions that were approved follow...ing the issuance of the July 29, 2020, injunction continuing until the date of this notice (September 22, 2020). Per USCIS: If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing.

USCIS Extends Flexibility for Responding to USCIS Requests issuance date through Jan. 1, 2021. In response to the coronavirus (COVID-19) pandemic, USCIS will consider a response to a request or notice listed above received within 60 calendar days after the response due date set in the request or notice before taking any action: Requests for Evidence; Continuations to Request Evidence (N-14);... Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant; Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); and Filing date requirements for Form I-290B, Notice of Appeal or Motion. This flexibility applies to the documents listed above if the issuance date listed on the request, notice, or decision is anytime from March 1, 2020, through Jan. 1, 2021. See more

Important Notice for K visa applicants affected by COVID-19 Effective August 28, as it becomes safe to resume more consular operations at each U.S. mission, posts are... authorized to give K visa cases high priority. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer. The I-129F Petition for Alien Fiancé(e) is typically valid for four months; however, consular officers may revalidate the I-129F petition in four month increments. For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new I-129F petition. See more

Did you receive notice from SEVP about your F1 OPT status? The Student and Exchange Visitor Program (SEVP) is conducting a review of SEVIS records for OPT participants and is mailing notices directly to students who have not reported employer information and have exceeded 90 days of unemployment. The notice informs students of their lack of employer/employment information and provides an opportunity for them to update their records either through their DSO or directly through... the SEVP Portal. If the student’s SEVIS record is not updated, SEVP will set the record to terminated to reflect the lack of employer information and the potential that the student may have violated their status either by failing to timely report OPT employment or by exceeding the permissible period of unemployment while on OPT. Nonimmigrant students and designated school officials (DSOs) must remember to report employer information related to Optional Practical Training (OPT) in the Student and Exchange Visitor Information System (SEVIS). Without this information, students could be viewed as having failed to obtain employment and potentially be considered out of status for exceeding permissible periods of unemployment while participating in OPT. DSOs or students with questions about this notice should contact the SEVP Response Center via email at [email protected] or by telephone at (703) 603-3400 or (800) 892-4829.