• by Santhosh Rao

INTRODUCTION
June 2022 was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including:

1. USCIS creates a new EAD Automatic Extension calculator to determine EAD expiration date.
2. AILA’S updated Child Status Protection Act (CSPA) guidance for interfiling.
3. USCIS Transfers Certain H-1B Petitions to CSC.
4. State Department’s July 2022 VISA Bulletin Summary.

We at GLPO post regular updates on our Google, LinkedIn, Twitter, and Instagram handles.  Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis.  Presented below is a consolidated summary of updates posted on GLF’s Google, LinkedIn, Twitter, handles for June 2022. 

USCIS CREATES A NEW EAD AUTOMATIC EXTENSION CALCULATOR TO DETERMINE EAD EXPIRATION DATE
USICS recently determined that the 180-day automatic extension of Employment Authorization Document (EAD) is insufficient and announced a Temporary Final Rule increasing the automatic extension to a total of up to 540 days. This rule came into effect on May 4, 2022, and applies to renewal applications filed as of Oct. 26, 2023, and earlier. To assist employers and employees with determining the EAD expiration date for eligible employees, USCIS has created the new EAD Automatic Extension Calculator which will assist employers and employees in calculating the new EAD expiration date. This calculator can be found on the USCIS website.

AILA’S UPDATED CHILD STATUS PROTECTION ACT (CSPA) GUIDANCE FOR INTERFILING
AILA had raised the question on the application of CSPA to interfiling requests, that whether the request to transfer the underlying basis for a Form I-485 would meet the “sought to acquire” standard for purposes of locking a dependents age under the CSPA.  On May 31, 2022 USCIS had indicated that it will consider a written request to transfer the underlying basis of their pending adjustment of status application if it is filed with USCIS within one year of a visa becoming available in the new immigrant preference category and it will additionally use the date the parent’s transfer request is received to determine satisfaction of the “sought to acquire” requirement to benefit from the CSPA age calculation.

AILA has learned that USCIS generally expects to be able to finally adjudicate before the end of the current fiscal year (September 30, 2022) most EB AOS cases that were filed by early June.

USCIS TRANSFERS CERTAIN H-1B PETITIONS TO CSC
U.S. Citizenship and Immigration Services had announced that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) were transferred to the California Service Center (CSC) for data entry and adjudication. USCIS started 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 USCIS 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. It is actively trying to reduce these delays.

STATE DEPARTMENT’S JULY 2022 VISA BULLETIN SUMMARY
State Department had issued the July 2022 Visa Bulletin and here are the highlights:

• Adjustment of status filing charts for July are not yet available.
• Final Action Dates for family sponsored preference cases for India have not changed. F-2A is current – meaning Final Action applies
• Dates for filing for family sponsored preference for F1 has advanced through July 01, 2016.
• F2B category which has advanced by a week to October 01, 2016, and F3 category which has advanced by two months to October 01, 2009.
• Final action dates for employment-based preference cases have changed except for EB-2 category which has advanced through December 01, 2014.
• Certain Religious Workers, I5 and R5 categories are all “Current”.
• Dates for Filing for employment-based preference cases have not changed except for EB-2 category which has advanced through January 01, 2015.
• The DV-2022 annual limit was reduced to 54,850.
• Diversity Visas (DV) category for most regions have been set to “Current” for July 2022 to maximize number use during the DV-2022 program year.

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advice clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.

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