August 11, 2023 - Weekly Immigration News Update

Posted by Keshab R. Seadie | Aug 11, 2023 | 0 Comments

DHS Announces Proposed Pilot Program:

The Department of Homeland Security (DHS) seeks public comments on a proposed pilot program. This initiative allows certain employers, not part of E-Verify, to use remote I-9 document inspection procedures similar to those authorized for E-Verify-enrolled employers.

EAD 540-Day Extension Eligibility:

An Employment Authorization Document (EAD) is a work permit issued to individuals in many different immigration categories. If you receive an EAD, it may be used to prove to an employer that you are legally authorized to work in the United States. If you are eligible for an EAD, you may apply on Form I-765, with photos and fees, if required.

As long as you remain eligible for an EAD, you may apply to renew the EAD before it expires. United States Citizenship and Immigration Services (USCIS) has previously granted an automatic 180-day extension to work authorization while an EAD renewal application is pending for certain applicants.

Various EAD categories qualify for the 540-day automatic extension. Some include:



Temporary Protected Status (TPS) Granted

Pending Adjustment of Status under Section 245 of the Act

VAWA Self-Petitioners

Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status
Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status
Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status

September 2023 Visa Bulletin:

The U.S. Department of State (DOS) has unveiled the September 2023 Visa Bulletin. As is traditional with the last visa bulletin of the fiscal year, there's minor movement from the prior month. Noteworthy shifts in the visa bulletin are anticipated in October 2023.

Visa Bulletin Summary:

    • EB1 Category: No changes.
    • China: February 1, 2022.
    • India: January 1, 2012.
    • Other countries: August 1, 2023.
    • EB2 Category:
    • India: January 1, 2011.
    • China: July 8, 2019.
    • Other countries: July 1, 2022.
    • EB3 Category:
    • China advances to September 1, 2019.
    • India remains at January 1, 2009.
    • Other countries stand at May 1, 2020.
    • EB3 Other Workers:
    • China remains at September 1, 2015.
    • Other countries match their respective EB3 dates.
    • EB4 Category: All countries are stagnant at September 1, 2018.
    • EB5 Category:
    • India: April 1, 2017.
    • China: September 8, 2015.
    • Other EB5 categories remain current.

USCIS Updates Form I-129S Receipt Process

As of August 3, 2023, USCIS has refined how receipts for L-1 nonimmigrant intracompany transferees are issued. Upon filing Form, I-129S, two notices will be dispatched: a receipt and, if approved, an approval notice. This overhaul is aimed at streamlining and safeguarding the Form I-129S process.

Best Regards,

Keshab Raj Seadie
Law Offices of Keshab Raj Seadie, P.C.

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