• Ashenberg Law Group

August 2022 Newsletter

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IMMIGRATION UPDATES

 

1. August 2022 Visa Bulletin: Advancement in EB-3


The U.S. Department of State (DOS) released the Visa Bulletin for August 2022, which shows no advancement in EB-2 employment-based category, and advancement in EB-3 employment-based category and family-based categories. The cutoff dates for issuance of employment-based immigrant visas are as follows:

  • EB-1: All countries are current.

  • EB-2: China remains at April 1, 2019; India remains at December 1, 2014. All other countries are current.

  • EB-3 Professional and Skilled Workers: China advances to April 22, 2018; India advances to February 15, 2012. All other countries are current.

USCIS will accept all family-based adjustment of status applications based on the “Dates for Filing” chart, and all employment-based adjustment of status applications based on the “Final Action Dates” chart.

The August 2022 Visa Bulletin can be found here.'


2. USCIS Extends Flexibility for Responding to Agency Requests


On July 25, 2022, USCIS announced that it is extending its flexibility for applicants and petitioners responding to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), Notice of Intent to Revoke (NOIR), Notice of Intent to Terminate (NOIT) regional investment center, as well as filing date requirements for Notice of Appeal or Motion, etc., dated between March 1, 2020 and October 23, 2022, inclusive, USCIS will consider responses submitted within 60 calendar days after the response date set forth in the notices.


USCIS’ alert can be found here.


3. USCIS to Implement Second Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions


On July 15, 2022, USCIS announced that beginning August 1, 2022, it is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under the EB-1C, and EB-2 National Interest Waiver (NIW) categories.


The second phase of the premium processing expansion is as follows:

  • Beginning August 1, 2022, USCIS will accept premium processing requests for EB-1C petitions received on or before July 1, 2021.

  • Beginning August 1, 2022, USCIS will accept premium processing requests for NIW petitions received on or before August 1, 2021.

USCIS’ alert can be found here.