Complex Posted May 31, 2022 Report Posted May 31, 2022 http://immigrationgirl.com/uscis-update-on-employment-based-immigrant-visas/ USCIS Update on Employment-Based Immigrant Visas By ImmigrationGirl May 26, 2022 EB-2, Green Card, I-140, I-485 50 Comments Today, the CIS Ombudsman held a webinar: Employment-Based Immigrant Visas – A Conversation with USCIS on the Statutory Framework and Pandemic Challenges. The Department of Homeland Security’s (DHS) Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) invited stakeholders to participate in a webinar about USCIS’ efforts to use all available immigrant visa numbers, giving eligible employment-based adjustment applicants the opportunity to obtain a Green Card this fiscal year. CIS Ombudsman Phyllis Coven and staff engaged in a dialogue with USCIS leadership and subject matter experts. The conversation focused on immigrant visa priority dates, progress in processing employment-based Green Cards in different categories, as well as policy and operational initiatives aimed at maximizing visa usage and mitigating processing delays and their impact on USCIS’ customers. The CIS Ombudsman plans to use the public’s feedback from this event to assist USCIS in its efforts to use immigrant visas and efficiently process these cases. Here are my takeaways from the event: 66,000 EB green cards went unused at the end of FY2021 USCIS typically adjudicates 115,000 per year, but was pleased to adjudicate 175,000 in FY2021 (even though 66,000 were wasted) 280,000 GCs available in FY2022 USCIS wants congress to change the law regarding unused green cards that go to waste 83% of EB visas are AOS. 17% consular process. Caps set by congress in 1990 via IMMACT90 7% per-country limit applies across all employment and family-based categories, not to individual preference categories. Department of State is permitted to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter and can rely on these estimates when authorizing the issuance of immigrant visas. AOS applications did not make it into the hands of adjudicators in FY 2021 until late in 3rd quarter due to “frontlog” delays (intake, receipts, biometrics) Indians received a decade’s worth of visas in Fiscal Year 2021 Lapse in EB-5 authorization meant quarterly estimates could not be accurately made until December 2021. I-140 adjudication delay limited USCIS’ ability to approve I-485s USCIS electronically distributes interfile requests to transfer the underlying basis to officers USCIS says don’t interfile the medical because files are being transferred around too much Transfer notices: usually indicates some kind of progress (if I-140 is approved and date is current) USCIS has not yet transferred all of the files to NBC Acknowledged random changes in processing times at TSC and NSC – this is mostly due to the transfer of cases to NBC. This leaves the longer pending and outlier cases remaining at the service center so those processing times look worse EB-2 India date was moved in order to generate 100,000 potential EB-2 applications for India April 2022 filings, will they be adjudicated in this fiscal year? Standalone (I-140 already approved)filed in April 2022 is likely to be adjudicated before the end of fiscal year. Why must we request the transfer of underlying basis (can’t USCIS do it automatically)? to ensure record accurately reflects what the applicant wants, USCIS can’t be sure employer still offering position I-485J interfiling to transfer underlying basis, how does USCIS process: Scan, upload, generate receipt, notify officer at service center of availability of the request Quote
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