YZ Law Group LLP

Welcome to our US Immigration webinar on 09/17/2022 at 9PM CDT (presented in Chinese through VooV meeting)

Topic: US employment-based Immigration (EB-1A/EB-1C, NIW, EB2/EB3 PERM)

Time: 09/17/2022 9PM CDT / 7PM PDT/ 10PM EDT

VooV meeting: 880-005-788

USCIS announced 2023 H-1B Cap has been reached!
Not Selected notices have been sent to registrants.

https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2023-h-1b-cap

USCIS Reaches Fiscal Year 2023 H-1B Cap USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

On July 15, 2022, USCIS announced a further expansion of premium processing, effective August 1, 2022, that will permit upgrade requests for premium processing to be submitted for EB-1C Multinational Executive and Manager Petitions received by the agency on or before July 1, 2021. USCIS further announced that it will accept Form I-907 upgrade requests for Form I-140 on behalf of EB-2 National Interest Waiver (NIW) Petitions received by USCIS on or before August 1, 2021.

On May 24, 2022, USCIS announced that, effective June 1, 2022, it will begin accepting Form I-907 requests for Form I-140, Immigrant Petition for Alien Worker, on behalf of EB-1C Multinational Executive and Manager Petitions received on or before January 1, 2021. USCIS further announced that beginning July 1, 2022, it will accept Form I-907 requests for Form I-140 on behalf of EB-2 National Interest Waiver (NIW) Petitions received on or before June 1, 2021, as well as Forms I-140 filed on behalf of EB-1C Multinational Executive and Manager Petitions received on or before March 1, 2021.

Premium Processing Options as of April 2022

The former Immigration and Nationality Service first introduced Premium Processing in 2001 allowing certain filers to request a 15-day processing of their application if they pay a premium processing fee. This nonwaivable fee has been adjusted over the years from $1,000 to $1,225 and, prior to the Emergency Stopgap USCIS Stabilization Act, DHS last adjusted the fee to $1,440 in 2019. This final rule codifies the fee increases that went into effect on August 1, 2020, and lists the additional visa categories that will become eligible for premium processing. The Table 1 shows benefit categories for which premium processing is fully available and the required processing time frame.

Additions to Premium Processing

Under the final rule, a 45-day premium processing time frame is available for certain petitions requesting EB-1 immigrant classification as a multinational executive or manager (hereinafter “EB-1C”) as well as certain petitions requesting EB-2 immigrant classification and seeking a National Interest Waiver (hereinafter “EB-2 NIW”). In future expansions of premium processing, a 30-day premium processing timeframe will become available to certain Forms I-539 (seeTable 2) and Form I-765.

https://www.uscis.gov/newsroom/alerts/uscis-to-implement-second-phase-of-premium-processing-for-certain-previously-filed-eb-1-and-eb-2

OFLC Provides Guidance Regarding PERM Job Order Postings in Light of Technical Difficulties Recently Encountered by Many SWAs

July 19, 2022
AILA’s DOL Liaison Committee has been communicating with the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) regarding the impact of technical difficulties encountered with various State Workforce Agency (SWA) websites on the PERM 30-day Job Order requirement.

On June 26, 2022, approximately 40 SWAs were impacted by a cyberattack on the vendor providing various technical services to these SWAs, including the SWAs’ Job Order websites. Most of these SWAs have already resumed regular services.

OFLC responded to the AILA DOL Liaison Committee that the regulatory requirement (20 CFR §656.17(e)(1)(i)(A) and 20 CFR §656.17(e)(2)(i)) is for the Job Order to be placed for 30 days within 30 and 180 days prior to the filing of ETA Form 9089. The start and end dates listed on the ETA Form 9089 serve as documentation of the posting. OFLC recognizes that some SWA Job Order systems have not been functioning, but employers who have posted their Job Orders with those SWAs have made a good faith effort to comply with the posting requirement. OFLC further clarified that, so long as employers properly posted their Job Orders with the SWAs, despite the fact that the SWAs may have subsequently had technical issues during the 30-day period, employers have met the regulatory requirement in good faith and do not have to extend the time to cover any period that the SWA may have had technical issues with its Job Order system.

Please note that, should an employer choose to extend the Job Order posting period, the dates of the posting must still comply with the regulatory requirements, including that the posting end date must not be within 30 days of filing ETA Form 9089.

https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/dol-alert-oflc-aware-of-several-swas-experiencing

AILA - The error message that appears when a user tries to access a part of the site that requires log in. DO NOT CHANGE NAMED URL.

Fiscal Year 2022 Employment-Based Adjustment of Status FAQs:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2022-employment-based-adjustment-of-status-faqs

USCIS recently announced that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) are being transferred to the California Service Center (CSC) for data entry and adjudication. They are transferring these cases in response to the H-1B receipt issuance delays at the VSC. Please continue to file petitions based on the addresses provided on the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page.

This workload transfer will help us issue receipt notices for properly filed H-1B petitions more quickly. Please allow time for the CSC to process the transferred cases and do not submit duplicate petitions out of concern that your previous submission did not arrive or has been misplaced. If your petition is transferred, you will not receive a transfer notice, but you will receive a receipt notice as soon as your petition is receipted. Petitions will be worked to completion at the CSC once transferred. For inquiries about case status, please use the petition receipt number.

USCIS continues to experience receipt issuance delays in other workloads across some service centers, and actively trying to reduce these delays.

Source: https://www.uscis.gov/newsroom/alerts/uscis-transfers-certain-h-1b-petitions-to-the-california-service-center

USCIS Transfers Certain H-1B Petitions to the California Service Center U.S. Citizenship and Immigration Services announced today that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) are being transferred to the California Service Center (CSC) for data entry and adjudication.

【NIW 案例分享】

中国公民，在中国的一所大学担任助理教授
研究领域：微电子学

2019年4月26日：递交申请
2020年1月16日：NIW获批

专业背景：
1. 学历：在中国获得博士学位
2. 推荐信：5封
3. 文章发表：17篇
4. 文章引用：130次
5. 专利：1项

[NIW Case Approval]

A national from China who is an assistant professor in an university in China

Field of research: Microelectronics

Credentials:
PhD from China
Total of 5 letters of recommendation
17 published journal articles
130 non-self citations
1 Patent

Case Filed: April 26, 2019
Case Approved: January 16, 2020

We are an immigration law firm that represents and advises clients on all aspects of U.S. immigration matters, and have a track record in representing clients in immigrant and non-immigrant petitions. You are welcome to sign up for our webinars at this link: https://forms.gle/6im46SpxnYZRQrKE9

Below is information on the 06/15 (Wednesday) webinar:

Topic: US Immigration & Work Visas
Time: Jun 15, 2022 08:00 PM Central Time (US and Canada)

Join Zoom Meeting
https://us02web.zoom.us/j/89979425737?pwd=Lzh3REEramQ4S0ZnWlgzWWRvZXVDUT09

Meeting ID: 899 7942 5737
Passcode: yzlaw
One tap mobile
+13126266799,,89979425737 # US (Chicago)
+16465588656,,89979425737 # US (New York)

We appreciate it if you can help distribute the webinar information to others who may be interested in attending. Thank you.

【EB-1A】成功案例分享

中国公民，目前在美国的一所大学担任跳水队教练
运动领域：跳水

2020年1月16日：递交申请
2020年8月21日：EB-1A获批

专业背景：
1. 学历：娱乐管理学士学位 （美国）
2. 推荐信：5封
3. 获奖：10项
4. 媒体报道：4次
5. 评审活动：6次担任跳水比赛的裁判

EB-1A Approval

- A national from China who currently works as a coach in a diving team of an university in U.S.
- Field of Sports: Diving

- Credentials:
B.A. in Recreation Administration from an university in U.S.
Total of 5 letters of recommendation
10 awards
4 media reports
Participation as a judge for 6 diving competitions

- Case Filed: Jan 16, 2020
- Case Approved: Aug 21, 2020

[I-140 (EB-1A, PP)]

A national from India who currently conduct research in an university in U.S.

Field of research: Lung Injury and Repair

Credentials:
PhD from Germany
Total of 6 letters of recommendation
7 published journal articles and 4 conference presentations
455 citations
Reviewed 29 papers for 4 journals
Case Filed: Dec 10, 2021
Case Approved: Dec 20, 2021

【EB-1A成功案例分享】

印度公民，在美国的一所大学从事研究工作
研究领域：肺损伤与修复

2021年12月10日：递交申请
2021年12月20日：EB-1A获批
（加急处理：审批时长仅10天！）

专业背景：
1. 学历：在德国获得博士学位
2. 推荐信：6封
3. 文章发表：7篇文章以及4次会议演讲
4. 文章引用：455次
5. 文章评审：为4份期刊评审了29篇文章

If you are interested in joining the league of foreign professionals who have obtained temporary work visas or permanent residency in the United States, please register for a free webinar scheduled on August 24, 2022 6pm Pacific Time (8pm Central Time; 9pm Eastern Time): https://forms.gle/CCvEnn9p5ujtnZ8u8

Webinars on U.S. Immigration Contact us at [email protected]

移民局将对某些先前提交的 EB-1C 和 NIW申请实施加急处理！

移民局宣布：
对于正处于等待审理阶段的EB-1 和 EB-2 类别的申请人实施加急审理。这次加急审理的扩展仅适用于那些已经基于E13第一优先跨国公司高管（EB-1C）或基于E21第二优先国家利益豁免(NIW) 提交的 I-140移民申请。希望对待审理申请追加加急审理的申请人必须提交 I-907 表。

加急审理的扩展将分阶段进行：
• 从 2022 年 6 月 1 日开始，移民局将受理2021 年 1 月 1 日或之前收到的 E13跨国公司高管移民申请的I-907 加速审理申请。
• 从 2022 年 7 月 1 日开始，移民局将受理 2021 年 6 月 1 日或之前收到的 E21 国家利益豁免NIW申请的 I-907 加速审理申请，以及 2021 年 3 月 1 日或之前收到的 E13跨国公司高管移民申请的I-907 加速审理申请。

对于在 2022 年 6 月 1 日或 2022 年 7 月 1 日开始日期之前提交的这些加急审理请求，移民局将予以拒绝。移民局目前不接受这两类带有加急审理请求的新（初始）I-140 申请。

2022 年 5 月 23 日，移民局发布了日期为 2022 年 5 月 31 日的新版本的 I-907 表格。在 6 月份，移民局将接受 日期为2020 年 9 月 30 日及 2022 年 5 月 31 日版本的 I-907 表格。从 7 月 1 日开始，移民局将拒绝 所有2020 年 9 月 30 日的旧版 I-907 表格。

文章来源：https://www.uscis.gov/newsroom/alerts/uscis-to-implement-premium-processing-for-certain-previously-filed-eb-1-and-eb-2-form-i-140

Great News!!!

USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions!

https://www.uscis.gov/newsroom/alerts/uscis-to-implement-premium-processing-for-certain-previously-filed-eb-1-and-eb-2-form-i-140