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Immigration News Briefs

Provided by Humera Subhani

April 2022

Applying for adjustment of status in EB-2 category

The Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from September 1, 2013, to September 1, 2014.

If you are a noncitizen who has an approved immigrant visa petition in the EB-2 category chargeable to India and a priority date earlier than September 1, 2014, USCIS encourages you to consider applying for adjustment of status in April by filing Form I-485, Application to Register Permanent Residence or Adjust Status. You should include your Form I-693, Report of Medical Examination and Vaccination Record, with your Form I-485 to save time. You are not required to file Form I-693 at the same time you file Form I-485, but filing both forms at the same time may eliminate the need for USCIS to issue a Request for Evidence to obtain your Form I-693. This may also help avoid adjudication delays if we decide that you do not need to be interviewed.

As previously announced, USCIS continue to encourage eligible applicants to consider requesting to transfer the underlying basis of their pending adjustment of status applications in the EB-3 category to the EB-1 or EB-2 category if they meet the following criteria: a visa is unavailable to them in the EB-3 category; they have a pending or approved Form I-140, Immigrant Petition for Alien Workers; and a visa is available in the EB-1 or EB-2 category.

Employment authorization for nonimmigrant spouses

On March 18, USCIS updated guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

On November 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the DHS added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.

If you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before January 30, 2022, it will mail you a notice beginning on or about April 1, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization.

USCIS plans to resume public services in June

USCIS is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (Covid-19). USCIS is following the CDC guidelines.

APPLICATION FINAL ACTION DATES FOR APRIL 2022

FAMILY	India	Pakistan/Bangladesh
1st	01Dec14	01Dec14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01May13	Current
3rd	15Jan12	Current
Other	15Jan12	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - APRIL 2022

FAMILY	India	Pakistan/Bangladesh
1st	15May16	15May16
2A	Current	Current
2B	22Sep16	22Sep16
3rd	22Aug09	22Aug09
4th	22Feb06	01Oct07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Sep14	Current
3rd	22Jan12	Current
Other	22Jan12	Current
4th	Current	Current
5th	Current	Current1B