USCIS announced that it will extend expired green cards for up to 48 months if an I-751 petition to remove conditions on residence was properly and timely filed.
Green card holders who were married for fewer than two years at the time their green card was approved will be issued a 2-year green card known as conditional residency. In these cases, the green card holder will have to apply for a 10-year green card known as permanent residency in the 90-day window before their 2-year green card expires.
When an I-751 petition is submitted, USCIS will mail a receipt notice to the green card holder that automatically extends the validity of the green card beyond the current expiration. In the past, the extension was granted for 12 months – and eventually 18 or even 24 months. However, with I-751 processing times facing major backlogs, USCIS has decided to extend expired green cards for 48 months (4 years).
The goal is to ensure that those who are waiting for a decision on the 10-year green card to be able to continue working and traveling abroad without any interruption or disruption.
If you currently have a 2-year conditional resident green card, feel free to contact us to discuss logistics with respect to applying to remove the conditions.
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In January 2023, USCIS issued a proposed rule to increase the filing fees for several immigrant and non-immigrant petitions. If the rule goes into effect, we could see the fee increases as early as this summer. Examples of some of the fee increases include:
$760: Application for Naturalization (increase of $35)
$720: Petition for Foreign Fiance (increase of $185)
$710: Petition for Alien Relative (increase of $175)
$1,105: Petition to Remove Conditions on Residence (increase of $600)
$780: Petition for Alien Worker (increase of $320)
$650: Application for Employment Authorization (increase of $240)
$630: Application for Travel Document (increase of $55)
$1,540: Application for Adjustment of Status (increase of $315)
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As we kick off 2023, one of the biggest priorities for employers with foreign workers is the annual H-1B lottery. USCIS typically opens up the electronic lottery in early March and closes it in late March. Employers must pay a $10 fee to register their company and the employee they wish to file an H-1B petition for. 2023 may be the last year the fee remains $10, as USCIS is proposing to increase the registration fee to $215.
Employers can register to petition as many employees as they would like. However, only one entry per employee is permitted. We will update this post as new information about this year’s H-1B lottery becomes available. In the meantime, you can learn more about the H-1B visa and feel free to email us if you are interested in registering in this year’s lottery.
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We’ve seen massive layoffs in the technology and financial sector in 2022. For those who are on H-1B visas, they have a small window to leave the United States, change to another non-immigrant status, or to transfer their H-1B to a new employer.
What is an H-1B Transfer?
The term “H-1B transfer” is a bit of a misnomer. Any time an H-1B visa holder changes jobs, the new employer files a new petition with USCIS to bring that employee over. So, the transfer is really the changing of companies. However, procedurally the new company is filing a brand new H-1B petition. The only difference between a new petition and a transfer is that the employee already has an H-1B and therefore the employer does not have to enter him or her in the annual H-1B visa lottery.
How do I transfer my H-1B if I have a job offer with another company?
Typically, USCIS requires some to demonstrate that they have been maintaining lawful status in order to change or to extend your non-immigrant status. For those in H-1B status, this means proving that you are currently employed by the H-1B sponsor/petitioner before extending your status or moving to a new employer.
A typical scenario involves an H-1B visa holder who is offered a job with another company and wants to ‘transfer’ her visa over. The new company will file an H-1B petition with USCIS seeking ‘transfer’ the candidate over. The candidate will typically remain with the current employer until the petition is approved, at which time she starts working for the new employer. Technically, the candidate can begin working with the new employer once USCIS receives the transfer petition. However, most people choose to stay with the current employer until an approval in an abundance of caution.
Can I transfer my H-1B if I have already been laid off?
If a candidate is in H-1B status and her current employer terminates or lays her off, she are considered out of status. As stated earlier, USCIS typically requires her to prove that she has maintained lawful status when extending or transferring your H-1B. Fortunately, USCIS provides a 60-day grace period after the last day of employment during which a new employer can file a petition to transfer an H-1B over. So long as the petition is received by USCIS within the 60-day grace period, the candidate can remain in the U.S. and even start working for the new company.
What happens if I can’t find a new employer within 60 days?
If you are not able to find a new employer to transfer your visa within 60 days, you should immediately leave the U.S. before accruing too much unlawful status. Even if you find a new job, that employer has to file the petition within 60 days of the last date of your employment. If more than 60 days has elapsed and you are offered a job, the new employer can still file an H-1B petition with USCIS on your behalf. The only difference is that you still have to depart the U.S. and wait abroad for an approval.
If the petition is approved, you may re-enter the U.S. in H-1B status depending on whether you: 1) have an existing H-1B visa with the previous company; 2) are from a country that does not require an H-1B visa to enter; or 3) don’t have an H-1B visa.
If you already have an H-1B visa with the company that just let you go, you can re-enter the U.S. on that visa with the I-797 approval notice from the new company. If you are from a country such as Canada, you can simply re-enter the U.S. in H-1B status with the I-797 approval notice. If you are not from Canada and you do not have an H-1B visa, you will have to make an appointment at the U.S. consulate nearest you and apply for a visa before you can re-enter the U.S.
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