USCIS DATA ON SCHEDULE A NURSES 2018-2022

In April 2022, MU filed a Freedom of Information Act (FOIA) request, requesting a complete dataset of all I-140 registered nurse immigrant petitions approved between Fiscal Year (FY) 2018 – Fiscal Year 2022.  The USCIS finally responded, producing a 443 page list of I-140 immigrant petitions approved between FY 2018 – FY 2022 for registered nurses. MU has summarized the data provided by the USCIS below:

 

	FY 2018	FY 2019	FY 2020	FY2021	FY 2022
Total # of Approved RN I-140s	3905	5695	7484	7489	12095

 

As indicated by the data produced by the USCIS, there has been a steady increase in the number of approved I-140 immigrant petitions for registered nurses, with a notable jump in FY 2022, reflecting a critical need among U.S. employers for foreign national registered nurses. The demand among U.S. employers, coupled with a growing nursing workforce shortage should persuade Congress to embrace legislation, such as the Healthcare Workforce Resilience Act, which seeks to address the nation’s shortage of nurses in the aftermath of the COVID-19 pandemic.

In summary, the data produced by USCIS not only illustrates the urgent demand for foreign national registered nurses but also reinforces the need for legislative measures to address this critical shortage in healthcare.

USCIS ANNOUNCES FEE INCREASE EFFECTIVE APRIL 1, 2024

Effective April 1, 2024 the USCIS will increase filing fees on many immigration applications. 

In addition to the fee increase, the USCIS has also introduced the new Asylum Program Fee of $600, which will be an add-on to all new I-129 (H-1B, L-1, and other) and I-140 petitions.  Nonprofit petitioners will be exempt from the new Asylum Program Fee, while employers having 25 or fewer full-time employees will be subject to a reduced Asylum Program Fee of $300.

With the fee increase, the USCIS has also lengthened the premium processing timeframe from calendar days to business days.  In a separate rule taking effect February 26, 2024, the USCIS has increased the premium processing fee from $2500 to $2805.

Form / Case Type	Current Fee	New Fee
H-1B (Form I-129) for companies with 25+ employees	$460	$1,380
H-1B (Form I-129) for companies with less than 25 employees	$460	$760
L-1 (Form I-129) for companies with 25+ employees	$460	$1,985
L-1 (Form I-129) for companies with less than 25 employees	$460	$995
Dependents of H or L (Form I-539)	$370	$470
Employment-Based Green Card (Form I-140) for companies with 25+ employees	$700	$1,315
Employment-Based Green Card (Form I-140) for companies with less than 25 employees	$700	$1,015
Green Card Application (Form I-485*)	$1,225	$1,440
Employment Authorization Document (Form I-765)	$410	$470
Advanced Parole Travel Permit (Form I-131)	$575	$630
Family-Based Green Card (Form I-130)	$535	$675
USCIS Immigrant Visa Fee	$220	$235

*It is important to note that the USCIS has unbundled the I-485 fees from the related I-131 Advanced Parole (travel document) and I-765 EAD (Employment Authorization Document) fees.  Under the current process, a separate I-765 and I-131 fee are not charged when the I-765 and I-131 are filed or renewed based on an I-485. 

Under the new rule, I-131s filed based on an I-485 will require the full fee payment of $630.  I-765s filed based on a pending I-485 will require a 50% reduced fee of $260.  As an example, an adult filing an I-485 for a green card with a related Advanced Parol and EAD application would pay:

• I-485 Filing Fee: $1440
• I-765 Filing Fee: $260
• I-131 Filing Fee: $630

Total: $2330

The H-1B cap registration fee will also increase from $10 to $215 per registration.  However, this specific increase will not take effect until March 2025.

USCIS UPDATES GUIDANCE ON EMPLOYERS’ ABILITY TO PAY WHEN A BENEFICIARY PORTS TO A NEW EMPLOYER UNDER AC21

On January 05, 2024, the USCIS updated its policy manual to clarify how the UCSIS will determine an employer’s ability to pay when an employment-based green card applicant ports to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

The AC21 allows certain employment-based green card applicants to port, or change employers, without filing a new Form I-140 petition. Under certain circumstances an employment-based green card applicant can change employers when their Form I-140 petition and Form I-485 application are concurrently filed and remain pending.

The USCIS has explained that when a green-card applicant changes employers while Form I-140 is pending, USCIS will only consider the facts existing at the time of filing when making an ability to pay determination. In other words, USCIS will only review initial evidence submitted with the Form I-140 petition (and any responses to Requests for Evidence) to determine if the petitioner has established its ability to pay from the priority date to the date of filing the I-140 petition.

USCIS INTRODUCES ENTERPRISE CHANGE OF ADDRESS

USCIS announced on 10/12/2023 that they have launched the Enterprise Change of Address (E-COA) self-service tool This tool will allow foreign nationals to update their address with USCIS through their USCIS online account.

USCIS requires any foreign national in the US in nonimmigrant status or legal permanent resident status to update their address within 10 days of moving, regardless of whether they have a pending case with USCIS. In cases where there is a pending case, it is especially important to update the mailing address to ensure critical documents are received.

To update your address using the E-COA service, you must do the following:

    1)   Create a USCIS online account if you do not have one here.

    2)   Log in and select the “Change of Address” option at the top of the webpage and start the 4-step application to update your address:

a. Step 1 – Enter your full legal name and date of birth;

b. Step 2 -- Enter your current physical address. Answer whether the physical address is the same as the mailing address, if the mailing address is different, you must enter that here as well;

c. Step 3 – Enter your A-number if any. You can find this number on receipt or approval notices for certain case types associated with green card petitions (i.e., I-140s, I-485s, I-765s) as well as on EADs and Green Cards. Lastly, enter receipt numbers for any pending cases; and,

d. Step 4 – carefully review the information and submit.

Once the request is submitted, your physical and mailing address will be updated with USCIS for all pending cases.

At this time, the E-COA service is not available for foreign nationals applying for certain immigration benefits associated with the Violence Against Women Act (VAWA), T nonimmigrant status, or U nonimmigrant status. For a full list of the categories that are ineligible for address updates through E-COA, please refer to USCIS’s website here.

USCIS GUIDANCE: EMPLOYMENT AUTHORIZATION DOCUMENTS BASED ON COMPELLING CIRCUMSTANCES

USCIS has issued a policy alert and has updated its policy manual to provide additional guidance on the compelling circumstances that may warrant the issuance of certain Employment Authorization Documents (EADs).

Under the current regulation, USCIS may, in its discretion, issue EADs to certain I-140 beneficiaries who, at the time of filing Form I-765: (1) hold E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; (2) have an I-140 priority date that is not current according to the visa bulletin; and (3) can demonstrate compelling circumstances that justify the issuance of employment authorization.

An individual with a valid compelling circumstances-based EAD is considered by USCIS to be in a period of authorized stay, and therefore will not accrue unlawful presence.

In its updated policy manual, USCIS provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including:

• serious illness and disability,
• employer dispute or retaliation,
• other substantial harm to the applicant, or
• significant disruption to the employer.

The updated policy manual also provides guidance on evidence an applicant could submit to demonstrate compelling circumstances such as:

• school or higher education enrollment records,
• mortgage records, or
• long-term lease records

Finally, USCIS confirms in its policy manual that a compelling circumstances-based EAD will be granted for a validity period of up to 1 year, with the possibility of subsequent renewal(s).

USCIS UPDATES GUIDANCE ON EMPLOYERS’ ABILITY TO PAY REQUIREMENTS FOR GREEN CARD CASES

To obtain an I-140 approval, the sponsoring employer must be able to demonstrate that the employer has the ability to pay the required wage to the sponsored employee. 

The USCIS updated its policy manual, regarding ability to pay, on March 15, 2023. In order to establish the ability to pay for a green card case, the employer/sponsor must include one of the following:

(1) employer’s annual report,

(2) employer’s federal tax returns, or

(3) employer’s audited financial statement, with the I-140 filing.

However, if the employer has more than 100 workers, a financial officer statement can be included in lieu of one of these three documents.  The USCIS may accept the financial officer’s statement. 

If a financial officer statement is included, the statement should detail the employer’s finances and ability to pay based on having 100+ employees. Examples of financial officer statements USCIS will NOT accept can be found in the policy manual as well.

In addition to the required ability to pay evidence, USCIS will consider all evidence relevant to the employer’s financial strength that is submitted with the I-140 petition. USCIS may even request additional evidence of ability to pay from an employer. Examples of additional evidence are: employer’s bank account statements, personnel records, income and assets of others, credit limits, bank lines and lines of credit.

ACICS No Longer Recognized by Dept. of Education: Impact on Immigration-Related Student Programs

As of August 19, 2022, the US Department of Education no longer recognizes the accreditation of institutions by the Accrediting Council for Independent Colleges and Schools (ACICS).

On November 1, 2022, the USCIS explained in a News Alert how this loss of recognition will affect the following immigration-related student programs:

•  24-Month STEM OPT Extension Program
• USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if:
• The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
• The student’s DSO recommendation for a STEM OPT extension, as indicated on Form I-20, is dated on or after August 19, 2022 (the date when ACICS ceased to be recognized as an accrediting agency).
• STEM-OPT students whose Forms I-20 have a DSO recommendation date prior to August 19, 2022 are not affected.

• H-1B Master’s CAP Eligibility and I-140 Advanced Degree/Professional Eligibility
• Students who obtain their degree after August 19, 2022 from an institution that is solely accredited by ACICS may NOT use that degree to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications.
• If a student’s degree was conferred prior to August 19, 2022 from an ACICS-accredited school, that degree may still be used to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications, as long as all other requirements are met.

•  H-1B CAP Exemption/ACWIA Fee Exemption
• An institution accredited solely by ACICS no longer qualifies for an exemption from the H-1B cap or the ACWIA fee, unless the institution is exempt on another basis.

 ACICS’s website provides a list of institutions currently accredited by ACICS.

USCIS REINSTATES PREMIUM PROCESSING

Beginning Monday, June 1, 2020, the USCIS will reinstate premium processing on certain applications.  Below is a list of case types and the date on which premium processing will be reinstated.

June 1 – All I-140s, except those on behalf of Multinational Managers / Executives and National Interest Waivers can be filed for or upgraded to premium processing.  (NOTE – I-140s on behalf of Multinational Managers / Executives and National Interest Waivers have never been allowed to file under premium processing.)

June 8 – Cap-exempt H-1B petitions that were filed before June 8 can be upgraded to premium processing.  Typical cap-exempt H-1B petitions include:

·        H-1B extensions

·        H-1B amendments

·        H-1B transfers

·       H-1B petitions filed on behalf of cap-exempt entities such as research facilities and universities.

June 15 – Cap-exempt H-1Bs filed on or after June 15 can be filed for premium processing

June 22 – All other H-1Bs petitions, including H-1B cap cases selected in April 2020 can be filed for or upgraded to premium processing.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: The USCIS recently announced that it may excuse some delays in filing immigration cases in a timely manner. USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond the applicant’s control, such as those that may be caused by COVID-19.

Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60-day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel. 

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to several countries within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency.

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly

HEALTHCARE PROFESSIONALS WITH AN APPROVED IMMIGRATION PETITION SHOULD CONTACT THEIR NEAREST US EMBASSY OR CONSULATE

The US Department of State has issued a statement that all medical professionals, particularly those working to combat Covid-19, should contact their nearest US Embassy to request a visa appointment.  If you are a medical professional and have an approved I-129, I-140 or other immigration petition, you should contact the US Embassy or Consulate nearest to you to schedule a visa appointment as soon as possible.  Even if the Embassy is currently closed to routine interviews, an interview may be granted for a medical professional. 

The medical professional with an approved I-140 must have a current priority date.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

Interviews and In-Person Appointments: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.