Newest USCIS Guidances

Jun 10, 2021

There have been updates recently from USCIS. Please read the following to be informed of the new, positive changes:


  • Request for Evidence (RFEs) and Notice of Intent to Deny (NOIDs): USCIS states that officers should issue an NOID or RFE if it is determined that the applicant could overcome a possible ineligibility decision with supplementary evidence. Moreover, officers should not ask for RFEs or NOIDs if the eligibility or ineligibility is confirmed.


  • Employment Authorization (EAD): USCIS will elongate the time period of EAD from one year to two years for certain adjustment of status applicants. By updating this policy, USCIS will spend less time reviewing the authorization requests and shift resources to other priorities. This update will be valid for initial and renewal EADs for the qualified individuals.


  • Expedited Processing: Applicants waiting to receive confirmation or denial of their application may request USCIS to expedite the process. USCIS has stated that they will be looking into the requests on a case-by-case basis. Such reasons for accelerating the decision may be due to emergency situations, like a dire need to travel for medical treatment promptly, and nonprofit organizations to advance the cultural and social interests of the United States.


  • H-2B Visas: There will be 22,000 H-2B temporary visas for employers that will experience harm without the employees. Of these 22,000 visas, 16,000 are reserved for returning employees and the other 6,000 will be given to citizens of the Northern Triangle countries. The three countries that will be considered are Guatemala, Honduras, and El Salvador. Should there be remainders from the 6,000 allotted visas, USCIS will announce on July 23 on their website that any qualified worker can apply for the visa, not limited to country of nationality. Usually, the H-2B visas last no longer than one year, though there is opportunity to file for a one-time visa that would be accepted for up to three years. Additionally, these temporary visas are for workers who are not a part of the agricultural labor or services and are available due to lack of United States employees. This change is in-line with President Biden’s vision of finding more legal pathways for immigrants and supporting the needs of U.S. employers who may be threatened with irreparable financial loss.


For all your immigration-related cases and questions, call Law Offices of Wiliani-Malek at (714) 432 – 1333 today to resolve your worries!