Procedural Changes For Form I-485, Application To - Uscis: Fill & Download for Free

Dear Quoran,I don’t know when you asked this question — but USCIS has just announced (on 8/28/2017) that it will be changing its interview process related to employment-based green cards.Effective Oct. 1, USCIS will begin to phase-in interviews for the following:• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types. “This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.Good luck!

The Department of Homeland Security's (DHS) fall agenda proposes major changes to the H-1B visa program and seeks to redefine both ‘specialty occupation' and the 'employee-employer relationship,’ which currently requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent.The issue with a revision to ‘specialty occupation,’ specifically the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.Currently, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.The employer-employee relationship is already intensely scrutinized by USCIS and is evaluated by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site. These days, even the use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.Additionally, the DHS is seeking to add requirements for wage levels. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.Also in the works is an update of the Adjustment of Status Procedures for “more efficient processing” by eliminating the concurrent filing of visa petitions and Form I-485 for all applicants seeking an immigrant visa in a preference category and changing the dates when applicants can file Form I-485.Another item on the DHS agenda is to establish a period of authorized stay for F-1 and other non-immigrants. Currently, F-1 students are admitted for a “duration of status” and allowed to remain in the country for the duration of their full course of study, including any period designated for practical training. DHS proposes to replace the “duration of status” system with “date certain” admissions as it apparently causes confusion and contributes to student visa overstay.Lastly, the DHS wants to rescind the February 2015 rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa workers seeking employment based lawful permanent resident status (green card). The effect will be felt by companies as their labor turnover costs are expected to increase.Restricting H-1B visa issuance and increasing the difficulty for students and other high-skill foreign-nationals has a number of negative effects on our economy.Statistically, every H-1B visa creates almost two jobs for Americans on average. In smaller companies, it can create almost 7 jobs per each H-1B. Reducing H-1Bs reduces jobs for Americans at almost double a rate. Making these high skilled visas tougher to obtain for American companies forces jobs and businesses to leave America.Foreign students, who contribute enormously to higher-education institutions and more often than not enter in-demand STEM fields, have already begun to lose interest in attending US Universities.Indian students have decreased admissions by 28% while Chinese students have decreased by 24%. This translates to a loss of approximately $2 Billion in tuition to US universities annually.Other countries, like Canada and India, are already enjoying increased migration of American companies and foreign nationals to bolster their economy, especially in the tech industry.The US has lead the world in technology by importing people with the highest skills to our inviting and innovative environment. Visa regulations are chilling this environment and could cause us to lose our leadership position and adversely impact our economy.

The Department of Homeland Security's (DHS) fall agenda for 2019 proposes major changes to the H-1B visa program and seeks to redefine both ‘specialty occupation' and the 'employee-employer relationship,’ which currently requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent.The issue with a revision to ‘specialty occupation,’ specifically the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.Currently, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.The employer-employee relationship is already intensely scrutinized by USCIS and is evaluated by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site. These days, even the use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.Additionally, the DHS is seeking to add requirements for wage levels. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.Also in the works is an update of the Adjustment of Status Procedures for “more efficient processing” by eliminating the concurrent filing of visa petitionsand Form I-485 for all applicants seeking an immigrant visa in a preference category and changing the dates when applicants can file Form I-485.Another item on the DHS agenda is to establish a period of authorized stay for F-1 and other non-immigrants. Currently, F-1 students are admitted for a “duration of status” and allowed to remain in the country for the duration of their full course of study, including any period designated for practical training. DHS proposes to replace the “duration of status” system with “date certain”admissions as it apparently causes confusion and contributes to student visa overstay.Lastly, the DHS wants to rescind the February 2015 rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa workers seeking employment based lawful permanent resident status (green card). The effect will be felt by companies as their labor turnover costs are expected to increase.