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  • Ashenberg Law Group

July 2019 Newsletter

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1. Continuation of Worldwide Backlog, but USCIS’ Final Decision on Submitted Applications Moved Forward 2.5 Months, for EB-1 Green Cards; Priority Date for Family-Based F2A Spouses and Minor Children of Green Card Holders is “Current”

The U.S. Department of State’s (DOS) most recently released Visa Bulletin for July 2019 shows a continuation of worldwide backlog for EB-1. The priority date in which USCIS gives the final decision on green card applications already submitted by China-Mainland born applicants has moved forward 2.5 months.

On the other hand, in a pleasant surprise, the Visa Bulletin for July 2019 shows that Family-Based F2A Spouses and Minor Children of Green Card Holders will become “current” for all countries. Those in the U.S. can apply for an adjustment of status green card concurrently with the immigrant petition; those who are overseas will be scheduled for an immigrant visa interview, provided that they are "documentarily qualified", and be eligible for an immigrant visa.

As with previous months, USCIS will accept adjustment of status applications based on the “Dates of Filing” charts for family-based cases (exception for F2A Spouses and Minor Children of Green Card Holders, see above), and the “Final Action Dates” for employment-based cases.

The July 2019 Visa Bulletin can be found here.

2. USCIS Aims to Decrease Processing Times for Naturalization and Adjustment of Status Green Card Applications

On June 17, 2019, USCIS announced its plan to decrease differences in processing times based on location for naturalization and adjustment of status green card applications. Applicants may be scheduled for their interviews at a field office outside of their normal jurisdiction. Biometric appointments will still be held at the applicants’ nearest application support center.

USCIS’ alert can be found here.




FY 2020 H-1B Cap-Subject Petition Approved in 8 Days for Data Analyst of a Start-up Software Development Technology Company

On June 1, 2019, ALG received notice of another approval for FY 2020 H-1B cap-subject petition.

Company W is a start-up software development technology company seeking to hire Mr. S in the specialty occupation of Data Analyst under H-1B status. Mr. S has an Engineering degree with a minor in Mathematics from a U.S. university, where he is equipped with solid mathematics, engineering, computation and quantitative skills from his course of study.

ALG mailed out Company W’s H-1B U.S. advanced degree exemption (i.e. master’s cap) petition at the end of March, which arrived at USCIS on April 1, 2019. The petition got selected in the FY 2020 H-1B cap season computer-generated random selection process.

Company W requested USCIS to premium process this H-1B petition on May 24, 2019, and USCIS approved the petition in 8 days without a request for additional evidence.

L-1A Petition Approved in 10 Days for General Manager of Restaurant Group Mr. Z had been serving as the Chairman of a successful Chinese restaurant company for 18 years and managed 66 employees. The U.S. subsidiary company hoped to transfer Mr. Z as General Manager to manage its new U.S. business, as well as have him manage 8 employees in in the U.S.

ALG attorneys consulted with Mr. Z on the qualifying relationship of the two companies, carefully reviewed all probative documents, and drafted a detailed petition letter to incorporate all the supporting documents to prove the Chinese company’s thriving business and the genuine business need to expand to the U.S. market.

Under premium processing, USCIS approved this L-1A petition in 10 days without a request for additional evidence.

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