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USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances
On June 14, 2023, U.S. Citizenship and Immigration Services (USCIS) released its policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents in compelling circumstances based on existing regulatory requirements at 8 C.F.R §204.5(p).
Specifically, for an applicant to be eligible for an initial employment authorization document (EAD) based on
Practice Spotlight: I-140 Immigrant Petition Requesting a National Interest Waiver – Expedited Filing and Approval
The Greenberg Traurig team recently assisted a medical products client with a rush I-140 immigrant petition requesting a National Interest Waiver (NIW) to allow one of the client’s development engineers to extend their H-1B status beyond the six-year H-1B maximum. The employee’s PERM labor certification remained pending and the employee’s H-1B max out date was
In Progress: Second Phase of Premium Processing
U.S. Citizenship & Immigration Services (USCIS) is carrying out its intention to expand the premium processing program by implementing the second phase of premium processing expansion for certain petitioners that have a pending Form I-140 employment-based immigrant visa petition, under the EB-1 and EB-2 classifications. Beginning Aug. 1, 2022, USCIS will accept premium processing requests
Slow and Steady: USCIS Provides Additional Details for Expanded Premium Processing
On May 24, USCIS provided additional information related to implementation of its expanded premium processing program. First announced March 29, 2022, USCIS stated its intention to expand premium processing to certain Form I-140 employment-based immigrant visa petitions, Form I-539 applications to extend/change nonimmigrant status, and Form I-765 applications for employment authorization. As promised, USCIS has
USCIS Updates Guidance Adjudicating Requests for ‘National Interest Waiver’
On Jan. 21, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance in the USCIS Policy Manual to address national interest waivers for advanced degree professionals or persons of exceptional ability. This update clarifies how the national interest waiver can be used by science, technology, engineering, and mathematics (STEM) graduates and entrepreneurs.
The
USCIS Announces Premium Processing Fee Increase for Certain Employment-based Petitions
On Oct. 30, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it is increasing the fee to request premium processing for certain employment-based petitions. Beginning on Nov. 29, 2019, The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form
Eleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation
On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that a beneficiary of an approved I-140 visa petition has standing to challenge the revocation of a previously approved I-140 visa petition.
In this case, Mr. Kurapati was the beneficiary of a valid I-140 petition filed by Worldwide Web Services, Inc. (Worldwide). Mr. Kurapati and his wife subsequently filed their applications for adjustment of status on August 14, 2007. On April 27, 2009, Mr. Kurapati notified USCIS of his intent to port to a new employer. On July 5, 2012, while the applications for adjustment of status were still pending, USCIS issued notices of intent to revoke (NOIR) for Mr. Kurapati’s approved I-140. USCIS eventually revoked Mr. Kurapati’s I-140 visa petition on September 12, 2012 based on Worldwide’s alleged misstatement of material fact in its applications. Because Worldwide has ceased to exist, Mr. Kurapati himself has been responding to the NOIR and appealing the revocations with the AAO. The AAO rejected the appeals citing Mr. Kurapati’s lack of standing under the regulations. See 8 CFR Section 103.3(a)(1)(iii)(B). Mr. Kurapati also filed a complaint with the U.S. District Court for the Middle District of Florida, and the court also dismissed the complaint alleging that Mr. Kurapati also lacked Article III standing, prudential standing, and the court lacked subject matter jurisdiction.Continue Reading Eleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation