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Immigration News Briefs

Provided by Humera Subhani

April 2023

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:

Beginning March 6, USCIS will accept Form I-907 requests, filed either via paper form or online, for certain F-1 students who already have a pending Form I-765, Application for Employment Authorization, if they are filing under one of the following categories:
- (c)(3)(A) – Pre-Completion OPT;
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for STEM students.
Beginning April 3, USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765.

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	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	01Jan11	01Jul22
3rd	15Jun12	Current
Other	15Jun12	01Jan20
4th	01Sep18	01Sep18
5th	01Jun18	Current1B

DATES FOR FILING VISA APPLICATIONS - APRIL 2023

FAMILY	India	Pakistan/Bangladesh
1st	08Aug16	08Aug16
2A	Current	Current
2B	01Jan17	01Jan17
3rd	08Nov09	08Nov09
4th	22Feb06	15Dec07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun22	Current
2nd	01May12	01Dec22
3rd	01Aug12	Current
Other	01Aug12	01Feb20
4th	01Oct18	01Oct18
5th	08Dec19	Current1B