USCIS Provides I-601A Provisional Waiver Statistics

It has been a little over two years since the I-601A provisional waiver came into existence and USCIS has released statistics on these petitions.  Since March of FY2013 thru January of FY2015, the average approval rate for I-601As is 70.2% and the average denial rate is 29.8%. The average RFE rate is 26.2%.  The total number of I-601As issued since the program started in FY2013 (over the course of 1 year and 11 months) = 62,973. Total receipts for I-601As since March of FY2013 = 74,439. The benefits of the provisional waiver program which began March 4, 2013, are huge for those who might qualify.  There are three main requirement to be eligible for the waiver: You are an immediate relative of an US Citizen (“USC”). Your qualifying USC relative would experience extreme hardship based on your ineligibility to immigrate to the United States. You warrant a favorable exercise of discretion because the favorable factors outweigh the unfavorable factors in your case. Again the benefits are huge.  Before an applicant would have to leave the U.S. to attend their consular interview for an immigrant visa, then apply to U.S. Citizenship and Immigration Services (USCIS) for a waiver of this ground of inadmissibility, and then hope the waiver is granted.  If the waiver was denied, the applicant would be faced with spending the next three or ten years outside the U.S., possibly separated from their family, due to triggering of the unlawful presence bar.  Now the applicant can apply  for the waiver and receive an answer stateside and not have to risk triggering the bar if the provisional waiver is...

H-1B Regular Processing Update

Over the last few days we have received receipt notices for a large number of our regular processing H-1B cases. Based on our numbers, it appears that USCIS is moving at a faster pace in issuing receipt notices for regular processing cases than last year. Last year we started receiving notices on regular processing cases beginning and through the month of May, with those petitions not selected in the lottery being returned to us through the month of June. Thankfully, almost all of our re-filers (those who were not selected in the Lottery last year) have been lucky enough to be receipted and selected in this year’s lottery. It certainly appears that USCIS was prepared for the larger number of applications it received this year, and is working more efficiently to let those know if they were selected in the lottery in a more timely manner. This is welcome as the wait can often be excruciating for beneficiaries who are eager to find out if they have been selected in the lottery or not. While we can’t be sure how long they will take to adjudicate regular processing petitions this year, at least they are off to a solid start. For those who chose the premium processing option, USCIS should make a decision or request further evidence within 15 days of the receipt notice...

USCIS Completes FY 2016 H-1B Cap Random Selection Process

Bad news for those hoping for better odds in being selected in the FY2016 H-1B lottery, though it was not unexpected.  USCIS issued an official press release indicating they have received approximately 233,000 petitions for a total of 85,000 spots (20,000 Master’s Cap + 65,000 Regular Cap). http://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-random-selection-process-fy-2016 While the random lottery process has been completed, it may be a long road for those applying to find out whether or not their petitions have been selected.  USCIS has indicated that it will begin premium processing for H-1B cap cases no later than May 11, 2015.  For those who were not lucky enough to be selected in the lottery, their applications and filing fees will be returned to the attorney of record....

Welcome

We would like to welcome everyone to our new website and update you on recent changes at the firm. We have moved from Cary to Raleigh to be closer to Downtown and most of our clientele. We relocated back to the Triangle and opened our practice two years ago. It has truly been a pleasure to have been a part of our clients’ successes thus far and we expect the momentum to continue with the recent changes. We hope to use this forum to communicate our views and recent changes in immigration law. Our new office is conveniently located near Glenwood Avenue in Downtown at 410 N Boylan Ave Raleigh, NC 27603.  As always, please feel free to contact us with any questions....