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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
December 2017
Immigration News Briefs

Nonimmigrant extension petitions affected
The USCIS website now states that under updated policy guidance, USCIS is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker. This includes H-1B, L1 and E2 extensions, among others.

While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner.

The previous policy instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy. Now, obtaining approvals of extension petitions will not be any easier than obtaining new petition approvals, which is a marked change from prior policy.

Duplicate biometrics notices issued accidentally
Applicants with pending Adjustment of Status applications issued from the Texas Service Center (TSC) have been receiving duplicate biometric appointment notices. For example, an applicant received a biometrics appointment notice on 5/26/17 with an appointment date of 6/13/17, attended that appointment, and then received a second notice on 8/19/17 to attend another biometrics appointment on 9/5/17, with no explanation as to why the second appointment had been scheduled. A technical glitch had created duplicate notices in some cases. TSC made adjustments to the local automated process to correct the issue on 9/12/2017. So if applicants received duplicate or even triplicate notices, it does not mean that there are issues with their cases, but rather a technical issue. They should, however, attend all biometrics appointments.

Deadline for updated medical exam form
Beginning January 2, 2018, civil surgeons must use the 10/19/17 edition of Form I-693. Also, Medical Exams can be submitted at the time of interview for those applicants who wish to avoid having their initially submitted medical exam expire. Adjustment of Status applicants can either file the Medical concurrently with the application, later with a USCIS notice (such as Request for Evidence), or at the time of interview.

APPLICATION FINAL ACTION DATES FOR December  2017

 

FAMILY

India

Pakistan/Bangladesh

1st

01Feb11

01Feb11

2A

22Dec15

22Dec15

2B

22Nov10

22Nov10

3rd

08Sep05

08Sep05

4th

22Nov03

08Jun04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Nov08

Current

3rd

15Oct06

Current

Other

15Oct06

Current

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - December 2017

 

FAMILY

India

Pakistan/Bangladesh

1st

01Jan12

01Jan12

2A

01Nov16

01Nov16

2B

01Sep11

01Sep11

3rd

01Dec05

01Dec05

4th

22Jun04

15Nov04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

08Feb09

Current

3rd

01Jan08

Current

Other

01Jan08

Current

4th

Current

Current

5th

Current

Current1B

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-december-2017.html

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