U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. Now USCIS has prepared well-rounded guidance for when expedited processing may be warranted for benefit requests. 

Furthermore, agency officers will have to issue RFEs and NOIDs instead of directly denying certain benefit requests. And the one-year validity period for initial and renewal EADs is extended to two years for certain noncitizen adjustment-of-status applicants. The new validity period is designed to ease the burden of EADS applications on USCIS and allocate more time and resources for other urgent immigration areas.

U.S. Citizenship and Immigration Services (USCIS) has revised some of its immigration policies regarding the expedited processing, requests for evidence (RFE), notices of intent to deny (NOID), and employment authorization documents (EADs). Recent policy changes aspire to create a more fair and functional process of legal immigration. 

USCIS Revises Policies of Expedited Processing

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U.S. Citizenship and Immigration Services (USCIS) has made an important revision on the policy that required individuals who applied for a change of status to F-1 students to apply to change or extend their current nonimmigrant status.

With this change, individuals applying for a change to F-1 student will be granted an F-1 status effective immediately following the approval of an applicant’s Form I-539 (Application to Extend/Change Nonimmigrant Status). This will save both USCIS and applicants time, effort, and money which was spent on multiple applications to change or extend their nonimmigrant status.

Previously, USCIS required applicants to maintain a nonimmigrant status up to 30 days before their student programs’ start date to avoid gaps in the status. Now, change to F-1 student **will be possible to grant before the 30 days period begins, enabling students to avoid the same gaps without applications to change or extend their current nonimmigrant status.**

**However**, USCIS expects applicants who are transitioned to F-1 students before the beginning of 30 days period to not violate their F-1 status by indulging in any employment, including on-campus opportunities.

U.S. Citizenship and Immigration Services (USCIS) revised the policy that required individuals who applied for change of status to F-1 students to apply to change or extend their current nonimmigrant status.

F1 Student No Longer Need to Submit Subsequent Application 

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F-1 Student No Longer Need to Submit Subsequent Applications to "Bridge the Gap"

As you might recall, The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) introduced a new **Application for Prevailing Wage Determination Form, ETA 9141**, to be submitted to the DOL for determining prevailing wages back in April 2021. The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.

The results of requests filed using the new form were expected to be declared in OFLC’s **average processing time of 145 days**. This means that the results are due soon, and you should be watching closely OFLC’s updates regarding this issue. Because Prevailing Wage Determination results are expected soon, we believe that giving a recap on the new Form and the process that follows might be beneficial for persons of interest. 

With the new form ETA 9141, OFLC devised a more detailed and comprehensive roadmap for the determination of prevailing wages by its Certifying Officers (CO). The primary procedural changes revised the way an employer provides primary and alternative requirements for a job position on ETA 9141, and how OFLC evaluates and determines the prevailing wage accordingly to provided requirements. 

Previously, OFLC determined the prevailing wage solely based on the primary requirements provided by the employer. With the New Form ETA 9141, OFLC now reviews both the primary and alternate requirements and determines two separate prevailing wages for each set of requirements. Furthermore, the higher of the two prevailing wages is made mandatory for employers to use on Labor Condition Applications (LCAs) and Program Electric Review Management (PERM) applications. 

This change implemented by Form ETA 9141 is of great importance since it might entail significant prevailing wage increases. For instance, for the job position Software Developers, Applications in Seattle, Washington, the prevailing wage determined with the new ETA 9141 produced more than a $20.000 increase per year on the prevailing wage determined with the old ETA 9141 Form (**From $140,920 per year to $162,510 per year**). 

Lastly, the new procedural change also applies to LCAs with which the employer determines its own prevailing wage according to the Occupational Employment Statistics (OES). Prevailing wages determined via OES are also subjected to this change.

The new Form ETA 9141 had gone into effect beginning May 3, 2021, for prevailing wage determination requests.


The New Prevailing Wage Determination Results With the New Form ETA 9141

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The New Prevailing Wage Determination Results with the new Form ETA 9141 Are Expected Soon

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. **The LIKE Act**, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

In a speech addressing the congress Congresswoman Lofgren said:

“For the world’s best and brightest innovators seeking a home for their companies, America used to be the top destination. Sadly, that has changed. Today, the technology sector in Canada is growing at a faster pace than it is in America, and it is almost entirely because of restrictive U.S. immigration policies that do not benefit our economic interests. Congress can change that. We can make the United States more prosperous by passing bills like the LIKE Act that stimulate the economy, curb brain drain, create jobs for American workers, and restore our country’s standing as the number one choice for the next generation of entrepreneurs worldwide.”

Start-up companies were shown to contribute significantly to the U.S. economy and provide employment for millions of American citizens every year. Compared to mature companies, **start-ups reach employment numbers four times higher than mature companies (11 years old or older)**, and they are the sole source for new employment in the U.S. over the last couple of decades.

**The new proposed start-up nonimmigrant visa**, **“W”**, aspires to foster the transfer of creative and innovative brains from other countries with ease and upgrade the outdated U.S. immigration policies that block the country’s economic growth and technological progress.

To qualify for the planned three-year W visa, an applicant must:

- Possess an ownership interest in a start-up venture that has sufficient investments or received government grants & awards.
- Be in an essential and ongoing position in the management or operations of the venture.
- Have the necessary know-how to considerably contribute to the growth and success of the venture.

If confirmed, the W visa **will be extended after the initial three-year period**. The Bill proposes up to five years of extension for prospect visa holders. And for this, the prospect visa-holders must meet certain growth-related benchmarks, such as job creation and revenue generation.

The Start-Up Bill states that if a start-up venture meets certain additional benchmarks that demonstrate the founder has proven series of business development successes, then **he or she will be considered for green card status if they apply**. The LIKE Act also allows start-up initiatives to petition for workers in executive or managerial positions as well as their close relatives (spouse and children) to receive nonimmigrant visas.

Congresswoman Zoe Lofgren introduced recently the Act to kickstart the investments of immigrant start-up companies in the U.S. The LIKE Act, which stands for “Let Immigrants Kickstart Employment”, was introduced to fill the gap of a viable visa for individuals who seek to invest in and contribute to the U.S. economy and create jobs for U.S. workers. The LIKE Act also aims to make the U.S. competitive in promoting and developing new technologies and become a start-up hub that will attract top-notch investors and innovators.

The New Start-Up Visa Bill Introduced in the Congress

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The New Start-Up Visa Bill Introduced In the Congress Envisages Bolstering the US Economy

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We offer investors, innovators, and employees streamlined U.S. immigration and enable start-ups, small & mid-sized businesses, and companies to expand to the U.S.

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F-1 Student No Longer Need to Submit Subsequent Applications to "Bridge the Gap"