April 14, 2023 Weekly Immigration News Update

Posted by Keshab R. Seadie | Apr 14, 2023 | 0 Comments


Delay in issuing PERM (Labor Certification) and Prevailing Wage 

As per the DOL FLAG page, there is still a considerable delay in issuing the PERM approval and Prevailing Wage. As of March 31, 2023, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2022 or earlier,  and processing audited cases with priority dates of April 2022 or earlier. DOL is working on standard reconsideration requests that were filed in July 2022 or earlier.

As of March 31, 2023, DOL is issuing prevailing wage determinations (PWDs) for PERM prevailing wage requests filed in January 2022 (OES and non-OES) and H-1B prevailing wage requests filed in January 2022 (OES) and February 2022 (non-OES). The agency has been processing PERM prevailing wage redeterminations requested in June 2022 and H-1B prevailing wage redeterminations requested in July 2022.

ICE Announces Online Tool for Noncitizens to Provide Change of Address 

ICE announced an online change-of-address form for noncitizens that will give individuals the option to update their information online in addition to the existing options of doing so by phone or in-person.

CBP Stampless Entry Program: Must double check your I-94 in the CBP site for its accuracy

As of April 2022, CBP implemented “Simplified Arrival” at all 238 arriving airports, at 34 seaports, and at all southern pedestrian and most northern secondary land ports. The goal is to streamline and digitize the legal entry process. As part of that program, CBP implemented in August 2022, a pilot program called “Stampless Entry” to eliminate ink stamps in passports at entry.
We encourage foreign national clients to always download their I-94 from CBP's online system as well as check their I-94 history, each time they enter the United States and promptly take action to make any necessary corrections.
It also poses a significant challenge for Lawful Permanent Residents (LPR). LPR entries are not tracked in the CBP I-94 online system, which can become an issue at the naturalization stage where LPRs have the burden of proof for documenting absences. You can ask the CBP Port of Entry Officer to stamp the passport.

New Procedure for Obtaining ADIT Stamp 

On March 16, 2023, USCIS announced a new protocol to obtain ADIT stamps, which constitute temporary evidence of permanent residence, typically issued while Form I-90, I-751, or N-400 applications are pending. This new procedure is due to USCIS delays in processing these applications.
Under the new protocol, USCIS will mail temporary evidence of permanent residence to those who request it. In order to make a request, residents must follow these steps:
1.    Call the USCIS Contact Center at 800-375-5283.
2.    Verify their identity and address with the USCIS officer.
3.    The officer will determine if an in-person InfoPass appointment is needed or if USCIS can provide an ADIT stamp through the mail.
An in-person appointment will be needed for those who have an urgent need for an ADIT stamp, do not have a usable photo in the USCIS system (such as through prior biometrics collection), or in circumstances in which the USCIS officer cannot confirm the resident's identity or address.

Filing Fee Processing and Receipt Delays from Vermont Service Center

USICS has acknowledged that, due to filing volumes and intake delays, they are experiencing delays in the issuance of Forms I-797C at the Vermont Service Center and is trying to improve its data entry system within next 30 days.
If you have not received your receipt notice from USCIS within 30 days of the post delivery date, you may follow up with the USCIS Contact Center (UCC) at 1-800-375-5283


USCIS Adjustment of Status Filing Dates for May 2023

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for May 2023.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for May 2023.

USCIS May 2023 Adjustment of Status Filing Charts

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