Entries by Jim Arkell

October Priority Dates Released

The Visa Bulletin for October was just released. It appears that retrogression will continue for the EB-2 NIW. While we are extremely disappointed that priority dates did not become current for the EB-2 category, the good news is that USCIS has designated the “Dates For Filing” chart to be used for October. Under the “Dates […]

August 2023 Priority Dates – Important Changes

There were some important changes in the Visa Bulletin setting out August 2023 priority dates. EB-1 Update The main change in priority dates is the retrogression of the EB-1 category. The EB-1 category priority date of China remains unchanged at February 1, 2022, however, the priority date for India has retrogressed by over 10 years […]

USCIS to allow I-765 EAD with an approved I-140

USCIS to allow I-765 EAD with an approved I-140 due to I-485 Retrogression. USCIS just issued a Policy Alert that now allows for an I-765 EAD if the applicant has an approved I-140 even if the I-485 priority date is not current. This is an interesting development and that will allow certain individuals to continue […]

USCIS Premium Processing Expansion

WHAT HAPPENED: USCIS announced today, June 12, 2023, that they will be expanding premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. USCIS will also make the online filing of Form I-907, Request for Premium Processing […]

EB-2 Retrogression

USCIS just released the Visa Bulletin for April 2023. The Final Action Dates are to be used for the April Visa Bulletin. Under the Final Action Dates, the EB-2 priority dates for all countries have retrogressed. The EB-1 priority dates for China and India have once again retrogressed. The EB-2 priority dates for all countries […]

USCIS Announces Premium Processing for Certain F-1 Students

USCIS continues to implement new procedures that ensure increased efficiency. Beginning March 6th, USCIS will accept Form I-907 requests for certain F-1 students who already have a pending Form I-765 if they fall under one of the following categories: pre-completion Optional Practical Training (OPT); post-completion OPT; and 24-month extension of OPT for STEM students. Beginning […]

NIW Premium Processing Now Available

USCIS has just announced that it is implementing the final phase of the premium processing expansion for EB-2 NIW I-140 petitions. Effective January 30, 2023 a new NIW can be filed with premium processing. If you have a pending NIW petition you can request premium processing, regardless of when your case was filed. Until the […]

EB-2 Priority Date Retrogression for December 2022

The recently released Visa Bulletin for December 2022 indicates that the EB-2 visa category will retrogress starting December 1, 2022. This means that concurrent filing will no longer be available for EB-2 based I-140 filings. The priority date under Dates of Filing is now December 1, 2022. The EB-2 priority dates for India and China […]


USCIS has again extended filing deadlines. The filing deadlines were extended until January 24, 2023. This means that there is an automatic extension of 60 days available to file a response to a Request for Evidence or a Notice of Intent to Deny, among other Notices and Requests issued between March 1, 2020 and January […]