POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
This article explains how to check USCIS case processing times by form type and office, using examples of I-130 at the California Service Center, I-485 at the Texas Service Center, I-539 at the California Service Center and OPT EAD, and explains how to tell whether a case is outside normal processing time and when an inquiry may be submitted.
USCIS announced a phased expansion of premium processing for Form I-539 change-of-status requests to F, M and J nonimmigrant status: starting June 13, 2023, pending applicants may add Form I-907, and from June 26 it may be filed together with Form I-539. The fee is $1,750 for a 30-day processing period, biometrics must be completed first, and M-1/M-2 extensions are excluded.
This article explains Question 3.a in Part 3 of Form I-539, which asks whether an application is based on a separate petition or application to extend or change the status of a spouse, child, or parent. It states that most B1/B2 extension applications should answer No, and uses B1/B2-to-F2 and H-4 following an H-1B extension as examples of when to answer Yes.
This article explains how to determine whether a U.S. visa has been canceled after a stay extension was denied following departure, and summarizes a former consular officer and immigration lawyer's explanation of why airlines may deny boarding to passengers holding valid U.S. visas and what steps travelers can take.
This article explains the different consequences of departing the U.S. while an I-539 application for extension or change of status is pending: a change-of-status application is deemed abandoned and denied if the applicant departs; an extension application is not automatically deemed abandoned, but travel may cause status shortening or override under the 'last action rule.' It also reminds green card adjustment applicants to obtain Advance Parole before departing.
On May 8, 2023, the USCIS Ombudsman published guidance advising F-1 students seeking OPT on how to avoid Form I-765 processing delays, covering six points: checking the USCIS website for updates before filing, ensuring the I-20 is signed and dated with employment authorization endorsement, filing online, submitting the I-765 within 30 days (OPT) or 60 days (STEM OPT extension) of the DSO-issued I-20, submitting the properly completed I-20 together with the I-765, and updating mailing addresses with both USCIS and USPS.
Adapted from USCIS guidance on options for nonimmigrant workers after termination of employment, this article outlines the rules for the discretionary 60-day grace period for H-1B and other visa holders who lose their jobs, and the paths to remain lawfully in the United States, including change of status, adjustment of status, emergency EAD, and changing employers, along with their limits.
The article outlines seven lawful paths for foreign nationals in nonimmigrant status to start a business in the United States: international entrepreneur parole, the B-1 business visa, the E-2 investor visa, F-1 OPT, H-1B, L-1A, and O-1. It explains the eligibility conditions, periods of stay, and extension rules for each, and sets out the policy background of the international entrepreneur parole rule from its introduction in 2017 to its restart in 2022.
Based on the author's recorded experience, this article outlines key considerations for H1B lottery participation at small and mid-sized companies, including confirming lottery intent and internal deadlines with the employer, applicants monitoring the process themselves, common RFE risks related to specialty occupation and availability of work at small companies and possible responses, and discusses self-registration, self-funding, and the relationship between company size and approval.
This article, based on USCIS Policy Manual, explains the statutory period and review factors for the 'good moral character' requirement for naturalization, the definition of conviction, the impact of expungement and pardons, and the permanent and non-permanent bars.
On February 14, 2023, USCIS revised its policy manual to change the basis for calculating CSPA age under the Child Status Protection Act from the final action date (Chart A) to the filing date (Chart B), effective immediately. This article explains the CSPA age calculation logic, the difference between Chart A and Chart B, the impact of the change on applicants for adjustment of status in the United States, and that those previously denied due to visa bulletin differences may request reopening via I-290B, while noting that whether overseas consular processing applies Chart B remains unclear.
An overview of the 50/20, 55/15 and 65/20 exemptions from the English civics test for US naturalization, plus the 20 starred Chinese-language civics questions that 65/20 applicants need to study, with answers.
