Thursday, April 29, 2021

USCIS Issues Policy Guidance on Deference to Previous Decisions

USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.

With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as the initial peti



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Monday, April 26, 2021

Visa Bulletin June 2021 Predictions

For official May 2021 Visa Bulletin & Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2021/visa-bulletin-may-2021.aspx

Please see June 2021 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries):

Family Based:
Final Action Dates
Dates For Filing Applications
"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIAMEXICOPHILIPPINES
F101NOV1401NOV1401NOV1415APR9808MAR12
F2ACCCCC
F2B01SEP1501SEP1501SEP1501SEP9922OCT11
F301SEP0801SEP0801SEP0822OCT9601JUN02
F415NOV0615NOV0622APR0515AUG9808JUN02
"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIAMEXICOPHILIPPINES
F122OCT1522OCT1522OCT1515MAR0008JAN14
F2A01MAY2101MAY2101MAY2101MAY2101MAY21
F2B08JUL1608JUL1608JUL1608SEP0008MAR13
F301JUL0901JUL0901JUL0915SEP0022AUG03
F422OCT0722OCT0722DEC0515MAY9901SEP03



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Thursday, April 22, 2021

DHS Seeks Public Input to Identify Barriers that Limit or Prevent Access to Immigration Benefits and Services

WASHINGTON—The Department of Homeland Security (DHS) is seeking comment from the public on how U.S. Citizenship and Immigration Services (USCIS) can reduce barriers that prevent both U.S. and foreign citizens from obtaining access to the full assortment of legally available immigration services and benefits.

DHS published a Request for Public Input in the Federal Register seeking the public's input on barriers to USCIS benefits and services, including but not limited to adjustment of status, naturalization, H-1B nonimmigrant status, refugee status, asylum, and parole. A central goal of the Request for Public Input is to promote equity, above all by reducing administrative burdens, undue complexity, unnecessary confusion, and processing and waiting times. The department requests feedback



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Tuesday, April 20, 2021

May 2021 Visa Bulletin

For April 2021 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2021/visa-bulletin-april-2021.aspx

For analysis of May 2021 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2021/visa-bulletin-analysis-may-2021.aspx

May 2021 Visa Bulletin has been officially released (valid from May 1 to May 31 only). Please see below for more details.

Family Based:
Final Action Dates
Dates For Filing Applications
"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIA MEXICO PHILIPPINES 
F1 22OCT14
22OCT14 22OCT14 01APR98 01FEB12
F2A C C C C C
F2B 15AUG15 15AUG15 15AUG15 15AUG99 15SEP11
F3 22AUG08 22AUG08 22AUG08 15OCT96 01MAY02
F4 08NOV06 08NOV06 15APR05 08AUG98 01MAY02
"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.
Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-
mainland 
born
INDIA MEXICO PHILIPPINES 
F1 01OCT15 01OCT15 01OCT15 01MAR00 01NOV13
F2A 01APR21 01APR21 01APR21 01APR21 01APR21
F2B 22JUN16 22JUN16 22JUN16 08AUG00 08JAN13
F3 22JUN09 22JUN09 22JUN09 08SEP00 01JUL03
F4 01OCT07 01OCT07 01DEC05 08MAY99 01JUL03



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May 2021 Visa Bulletin Analysis

For May 2021 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2021/visa-bulletin-may-2021.aspx

Please see below analysis of May 2021 Visa Bulletin:

Family Based:
Final Action Dates
Dates For Filing Applications
"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIAMEXICOPHILIPPINES
F1+14 Days+14 Days+14 Days+1 Month 7 Days+10 Days
F2ANo ChangeNo ChangeNo ChangeNo ChangeNo Change
F2B+7 Days+7 Days+7 Days+24 Days+14 Days
F3+14 Days+14 Days+14 Days+14 Days+1 Month
F4+7 Days+7 Days+7 Days+17 Days+23 Days
"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.
Family-
Sponsored
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIAMEXICOPHILIPPINES
F1+16 Days+16 Days+16 DaysNo Change+2 Months
F2A+1 Month+1 Month+1 Month+1 Month+1 Month
F2B+7 Days+7 Days+7 Days+1 Month+2 Months
F3No ChangeNo ChangeNo ChangeNo Change+2 Months
F4No ChangeNo ChangeNo ChangeNo Change+2 Months



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May 2021 Visa Bulletin Special Notes

For the official May 2021 Visa Bulletin & Analysis, please click here: https://www.mygcvisa.com/visa-bulletin/2021/visa-bulletin-may-2021.aspx

Apart from posting current dates, State Department has also added special notes to Visa Bulletin mentioned above. Please see full details below:

D. FOR THE LATEST INFORMATION ON VISA PROCESSING AT U.S. EMBASSIES AND CONSULATES DURING THE COVID-19 PANDEMIC, PLEASE VISIT THE BUREAU OF CONSULAR AFFAIRS WEBSITE AT TRAVEL.STATE.GOV

E. @TRAVELGOV BEGINS HOSTING MONTHLY YOUTUBE LIVE "CHATS WITH CHARLIE"

@TravelGov will begin hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. The first chat is scheduled to take place on April 22, 2021 at 1:00 p.m. EST to discuss the April Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line. Questions will also be taken via the YouTube Live Chat and will be an



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Monday, April 19, 2021

Phony Immigration Attorney Who Filed Hundreds of Fraudulent Asylum Applications Sentenced to More Than 20 Years in Federal Prison

TAMPA, Fla.— Senior U.S. District Judge Virginia M. Hernandez Covington today sentenced Elvis Harold Reyes (56, Brandon, Florida) to 20 years and 9 months in federal prison for mail fraud and aggravated identity theft in connection with a scheme where he posed as an immigration attorney and filed hundreds of fraudulent asylum applications. The Court deferred consideration of victim restitution to a later date.

Reyes had pleaded guilty on December 15, 2020.

According to court documents, Reyes, who owned and operated EHR Ministries Inc., portrayed himself as an immigration attorney. He is not and has never been a licensed attorney. Reyes targeted undocumented immigrants from Spanish-speaking countries who were seeking Florida driver licenses and work authorization. Reyes gave false, inaccurate, and incomplete legal and immigration advice to victims in or



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Thursday, April 15, 2021

F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student's major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or



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Monday, April 12, 2021

USCIS Confirms Elimination of “Blank Space” Criteria

USCIS today confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses.

In 2019, USCIS changed the form rejection criteria for:



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FY 2022 H-1B Cap Season Updates

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master's cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants' online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been comp


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Thursday, April 8, 2021

Updated Guidance on P-1A Internationally Recognized Athletes

Today, U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.

The guidance clarifies the meaning of the phrase "major United States sports league or team" as used in the regulations, 8 CFR 214.2(p)(4)(ii)(B), and specific to internationally recognized athletes, a category that is distinct from the additional P-1A categories created by the COMPETE Act of 2006. The guidance explains that we interpret the phrase "major United States sports league" to mean one that has a distinguished reputation commensurate with an internationally recognized level of performance, and "major United States sports team" to mean a team that



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Monday, April 5, 2021

USCIS Extends Flexibility for Responding to Agency Requests

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional centers; and
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

  • The form was filed up to 60 calendar days from the issuance of a d


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Thursday, April 1, 2021

DHS Withdraws ‘Affidavit of Support’ Proposed Rule

The Department of Homeland Security (DHS) today announced the withdrawal of the affidavit of support proposed rule, consistent with DHS's commitment to reduce barriers within the legal immigration system that placed increased burdens on American families wishing to sponsor individuals immigrating to the U.S.

The Oct. 2, 2020, proposed rule would have changed the evidentiary requirements for U.S. citizens, U.S. nationals, and lawful permanent residents wishing to sponsor an individual immigrating to the U.S. by completing an affidavit of support under Section 213A of the Immigration and Nationalit



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