USCIS Reports Significant EAD and Green Card Printing Delays & Permits Use of Approval Notices for I-9 Purposes in Certain Instances

In June the United States Citizenship and Immigration Service (USCIS) ended its contract with an external vendor responsible for printing Employment Authorization Documents (EADs) and Lawful Permanent Resident Cards (“Green Cards”) in an effort to hire federal employees to replace these outside contractors. However, given USCIS’s massive budget deficit, which may result in 70% of its workforce being furloughed if it does not receive a Congressional bailout, they are currently subject to a hiring freeze, which has significantly reduced it’s capacity to print these documents.

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Department of State March 2019 Visa Bulletin Summary

The Department of State has released the March 2019 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates.

With respect to Final Action Dates, EB-1 China and EB-1 India progressed by two weeks to February 22, 2017. All other EB-1 categories progressed by 1 month to January 1, 2018. EB-2 China progressed by 3 months to January 01, 2016 and EB-2 India progressed by only 3 days to April 9, 2009. All other EB-2 chargeability areas remain current. EB-3 Philippines progressed by 4 months to December 1, 2017. EB-3 India and EB-3 China progressed to May 22, 2009 and July 08, 2015 respectively. All other EB-3 areas of chargeability remain current. EB-5 Regional Center is currently unavailable. EB-5 Regional Center final action dates are current with the exception of China and Vietnam, which remain backlogged at September 8, 2014 and July 15, 2016 respectively.

Application filing dates for EB-1, EB-2 and EB-3 workers across all areas of chargeability remain unchanged, except for EB-2 China which progressed by 6 months to May 01, 2016 and EB-3 Philippines which progressed by 5 months to March 01, 2018. Application filing dates for EB-5 Regional Center and Non-Regional Center remain current with the exception of China, which remains backlogged at October 1, 2014.

As of today, February 15, 2019, USCIS has advised that in March 2019 it will accept adjustment of status applications for employment-based petitions based on final action dates and family-based petitions based on application filing dates.

Department of State February 2016 Visa Bulletin Summary

The Department of State released the February 2016 Visa Bulletin today.  D&S provides a Monthly Summary of the family and employment-based priority dates.  This month, there was no forward movement in any employment-based or family-based Filing Dates.  For the employment-based preference category Final Action Dates, there was forward movement for EB-2 India, which advanced 5 months from February 1, 2008 to August 1, 2008.  EB-2 China advanced one month from February 1, 2012 to March 1, 2012. EB-3 Worldwide and Mexico remained unchanged and EB-3 China, India, and the Philippines all saw forward movement of between 1 and 3 months. EB-5 China Final Action Dates advanced by just 7 days from January 8, 2014 to January 15, 2014.  As of today, January 8, 2016, USCIS has not advised whether in February 2016, it will accept adjustment of status applications for family or employment-based petitions based on filing dates, rather than final action dates. USCIS anticipates that this information will be released within one week of the monthly Visa Bulletin.

USCIS Releases Policy Memorandum on “AC21” Green Card Portability

USCIS released a Draft AC21 Policy Memorandum which seeks to clarify what constitutes “the same or similar occupational classification” for purposes of portability under The  American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) in order to provide more predictability, efficiency, and consistency in AC21 portability determinations.

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