USCIS transfers cases in an effort to address processing delays

Responding to the need to develop more streamlined processing of various applications and petitions and decrease processing times, USCIS announced a series of case transfers in March. As of March 28, 2016, the Potomac Service Center will process all I-765 Applications for Employment Authorization filed by F-1 and M-1 students seeking Optional Practical Training. All such applications will be marked with the prefix "YSC" to note that the application is at the Potomac Service Center.

The Vermont Service Center ("VSC") has begun to transfer some H-1B and H-4 cases to the Nebraska Service Center ("NSC"). Specifically, the VSC will transfer certain Form I-129 Petitions for Nonimmigrant Workers for petitioners requesting H-1B classification, Form I-539 Applications to Extend/Change status for H-4 classification, and Form I-765, Applications for Employment Authorization for H-4 eligible dependents. Petitioners should refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. The VSC will then decide which cases to transfer to the NSC.  In cases where an I-129 is transferred to the NSC, any Form I-907 upgrade for premium processing should be sent to the NSC.

Similarly, USCIS may transfer certain L-1 and L-2 cases from the VSC to the California Service Center ("CSC"). The processes affected for L-1 and L-2 beneficiaries will include certain I-129, I-539 and I-765 applications. Petitioners should still refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. In cases where an I-129 is transferred to the CSC, any form I-907 upgrade for premium processing should be sent to the CSC. For more details and to review the official press releases, please visit USCIS's website's News and Alerts section and click the links for the alerts from March 29, 2016.

USCIS updates FAQs on employment authorization for certain H-4 spouses

On March 10, 2016, USCIS updated its FAQ on employment authorization for certain H-4 spouses. Pursuant to new regulations that went into effect last May, an H-4 spouse whose H-1B spouse is the principal beneficiary of an approved I-140 Petition for Immigrant Worker or whose H-1B spouse has filed for an extension of status beyond the normal six-year limit in accordance with the American Competitiveness in the Twenty-First Century Act of 2000 ("AC21") is now eligible to request employment authorization. In March, 2016, USCIS updated its FAQ on this topic to address several unique issues that arise for H-4 spouses seeking this employment authorization. 

This multi-page FAQ helps applicants determine if they are eligible to file, reviews the application process, explains the basis for adjudication of the applications, discusses the applicant's status while awaiting adjudication, and outlines what happens once employment authorization is received. In particular the FAQ confirms the H-4 spouse must be physically present in the U.S. to apply for employment authorization and additionally confirms that if the applicant's I-765 application is filed concurrently with an I-539 application to change status to H-4, the applicant must remain in the U.S. until the request to change status to H-4 is approved.  USICS will deny both the I-539 and I-765 application for employment authorization if the applicant travels abroad before the change of status is approved.  To read the full FAQ, please visit the USCIS website.