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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
April 2023
Immigration News Briefs

Expanded premium processing for OPT/STEM

On March 6, USCIS announced the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Online filing, as well as paper filing of Premium Processing is now also available to F-1 students in these categories.

Premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before these dates:

USCIS will reject premium processing requests filed before these dates.

Policy guidance for employer’s ability to pay

On March 15, USCSIS updated policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petitions. Employers seeking to classify prospective employees under 1st, 2nd, and 3rd preference employment-based immigrant classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition. The relevant regulation requires the employer to submit annual reports, federal tax returns, or audited financial statements for each available year from the priority date. If the employer has 100 or more workers, it may instead include a financial officer statement attesting to the petitioner’s ability to pay the proffered wage.

An employer may also submit additional evidence such as profit and loss statements, bank account records, or personnel records. Many employers satisfy the ability to pay requirement by also submitting payroll records demonstrating that, during the relevant time period, they have been paying the employee at least the proffered wage indicated on the Immigrant Petition for Alien Workers (Form I-140). USCIS is updating its guidance to discuss in more detail various types of evidence and explain how USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies prospectively to petitions filed on or after March 15, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

Highlights: • Provides that USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities. • Explains that an employer must submit one of the three forms of initial required evidence listed in the regulation but may also include other types of relevant evidence.

 

APPLICATION FINAL ACTION DATES FOR ​ APRIL 2023

FAMILY

India

Pakistan/Bangladesh

1st

01Dec14

01Dec14

2A

08Sep20

08Sep20

2B

22Sep15

22Sep15

3rd

​​22​Nov08

​​22​Nov08

4th

​15Sep05

​22Mar0​7

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

 01F​eb22

Current

2nd

 01J​an11

01J​ul22

3rd

​​​​ ​15Jun1​2

Current

Other

 15Jun1​2

0​1J​an20

4th

 01​Sep​18

01​Sep​18

5th

 01J​un18

Current1B

 

 

DATES FOR FILING VISA APPLICATIONS - ​APRIL 2023

 

FAMILY

India

Pakistan/Bangladesh

1st

​08Aug16

08Aug16

2A

Current

Current

2B

​​01​Jan17

​​01​Jan17

3rd

​​08N​ov09

​​08N​ov09

4th

22F​eb06

15D​ec07

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

01Jun22

Current

2nd

01M​ay12 

01D​ec22

3rd

01Aug12 

Current

Other

01​Aug12 

01F​eb20

4th

01O​ct18

01O​ct18

5th

08D​ec19

Current1B


Visa Bulletin for ​​​​April 2023 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/
 

​01July16

Current


​08Aug16

​08Aug16


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