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USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017. It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty occupation”) vs. the entry-level nature of the position. However, many petitioners are relying (some almost exclusively) on a third-party professor opinion letter to make these arguments and our experience and reported USCIS denials suggest that relying on a professor opinion alone may not be sufficient. […]
The U.S. State Department has just released the December 2017 Visa Bulletin which is the third Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the extremely slow forward movement in EB-2 India/China and no movement in EB-3 India. EB-3 China continues to have a more favorable cutoff date than EB-2 China which creates favorable conditions for EB-2 to EB-3 China downgrades. FB-1 Philippines moves back by two years.
Should I-693 Medical Exams be Submitted with the Initial Employment-based I-485 Adjustment of Status Filing?
Our recent U.S. Citizenship and Immigration Service (“USCIS”) processing times reports indicate that employment-based I-485 adjustment of status (“AOS”) applications are taking over a year to adjudicate. The new requirement for in-person interview for certain I-485 cases will likely add to the processing time of a case. At the same time, the required I-693 medical exams are valid for one year and normally such I-693 medical exams which may be valid at the time of filing would very likely have expired by the time the I-485 AOS application is due to be adjudicated, likely resulting in an additional request […]
In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service (“USCIS”) has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged. This affects all I-129 petitions extensions, including H-1B, L-1, O-1 and more.
The Policy Memorandum
The Policy Memorandum number PM-602-0151, dated as of October 23, 2017, specifically rescinds prior guidance which instructed USCIS adjudicators to give deference to prior determination of eligibility. Specifically, the April 23, 2004 memorandum named “The Significance of […]