Entries by Jim Arkell

New Immigration Policies and Options for Entrepreneurs

A bill in the U.S. House of Representatives, “The America Competes Act 2022” proposes incentives for nonimmigrant entrepreneurs to start-up businesses in the United States to make the United States more competitive by encouraging some of the best and the brightest to bring their entrepreneurial talent into the country. The bill proposes a “W” visa […]

USCIS Updates Expedite Request Policy

On Monday, January 25, 2022, USCIS issued a Policy Alert updating the requirements to obtain an expedite. USCIS updated its policy guidance to clarify the criteria and circumstances that may warrantexpediting the adjudication of a benefit request as well as explaining how USCIS assesses expedite requests. This update, contained in Volume 1, Chapter 5 of […]

White House Announces Actions to Attract STEM Talent

On January 21, the White House issued a Fact Sheet outlining actions that the U.S. Government is undertaking to attract STEM talent to come to and remain in the United States. Important changes to the different visa types are outlined below: J1 Visas – In support of the recent Joint Statement of Principles in Support […]

USCIS Waiving 60-day Rule for Medical Exam Filing

USCIS announced on December 9th that they are temporarily waiving the requirement that the I-693 Report of Medical Examination and Vaccination Record be filed within 60 days of being signed by a Civil Surgeon. The policy is effective immediately and is in effect until September 30th, 2022. The waiver applies to all pending cases, regardless […]

Recapturing of Unused Green Cards

It appears that there is a provision in the proposed spending bill presently before Congress which proposes to recapture more than 400,000 unused green cards. It is estimated that there are approximately 224,000 green cards that were allocated during the period from 1992 to 2019 which were never issued. Additionally, in 2020 there were 200,000 […]

I-485 Processing Times

An I-485 lawsuit was recently rejected by U.S. Federal Court. A group of I-485 petitioners recently filed suit against USCIS because of what they felt was an unacceptable delay in the processing of their green cards. The petitioner requested injunctive relief asking the Court to order USCIS to adjudicate their pending I-485 Adjustment of Status […]


The White House just announced that it will lift COVID related travel restrictions effective November. Although a specific date has not been given, it is anticipated that it will be in early November. While this is good news for those who have valid visas, it does not change the waiting times to obtain visas at […]


The CDC recently set forth new “Requirements for Immigrant Medical Examinations: COVID-19 Technical Instructions for Civil Surgeons.” Beginning October 1, 2021 persons applying for permanent residence will be required to provide proof that they have been vaccinated against the COVID-19 virus at the time of their medical exam or receive the vaccinations before the medical […]

Pilot NIW Green Card Rumor

There appears to be a rumor that the U.S. government has made it easier for pilots to obtain a green card through the NIW process. As respected leaders in helping pilots obtain green cards, we have been getting several inquiries from pilots and even other immigration attorneys inquiring about how pilots can obtain a green […]