USCIS
What does USCIS stand for?
United States Citizenship and Immigration Services.
What is the alpha split for "Askusi3" and who is their lead Attorney?
D, E, F, G, H
Attorney: Ivan Ariza
What does NIV stand for?
Non-Immigrant Visa
What is the main form used to apply for Adjustment of Status?
Form I-485
What is the primary requirement for an individual to qualify for an EB-1C visa?
Being employed as a manager or executive by a multinational company and seeking to continue working in a managerial or executive role in the U.S.
Which form should be used to request premium processing service?
I-907
What section of the OC Playbook can one find information regarding Premium Processing?
Section 15 Case Processing (General), #10.0 Request for PP/Wire Transfer Process
Name at least 4 NIV classes
1. L-1
2. H-1B
3. O-1
4. TN
Which form must be filed concurrently with Form I-485 if the applicant is seeking employment authorization while their AOS application is pending?
Form I-765
What is the purpose of the PERM Labor Certification process?
To ensure that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact U.S. workers' wages or working conditions.
What is the current processing time for most Form I-129 NIV cases when filed with premium processing?
15 business days.
An FN has asked to close their case after being terminated from MSFT. The case is drafted, shared, and 80% billable. What steps should you take in MIMS and INSZoom?
MIMS:
INSZoom
1. View "Details/Dates" and ensure the legal fee is accurate. If not update.
2. Check off the IRF step.
3. Update the status to "Closed" and "Canceled"
A Chinese national who recently obtained their L-1A is concerned that the dates on their I-129S and visa stamp don't match.
Is this a mistake from the Consulate?
The length of the L-1 visa and status are separate from one another. L-1 status, which allows the FN to be physically present in a work authorized status in the United States, is valid for an initial period of 3 years.
Visa stamps, which are obtained from a U.S. Consulate abroad, are simple entry documents that allow the FN to physically enter the United States.
Visa stamps are based on reciprocity between your home country and the United States.
The current reciprocity agreement between China and the U.S. for an L-1 visa is 24 months.
This means you will be granted three years of work authorization and stay in the United States, but a visa stamp (which allows you to enter the U.S.) for only 2 years.
What does "dual intent" mean in the context of AOS, and which visa category generally allows for this?
The ability to pursue both temporary (non-immigrant) and permanent (immigrant) status simultaneously, typically allowed under H-1B, L-1, and O-1 visas.
What is one primary criterion for an individual to qualify for the EB-1B visa?
Having a documented outstanding reputation in their academic or research field and being recognized internationally.
If you move after filing an application or petition with USCIS, within how many days must you update your address with USCIS?
Within 10 days.
You're working on MIMS and notice you that the FN's profile looks odd. They're listed as a "Candidate" instead of "FTE" and their "MSFT Job History" tab is blank. Who should you contact at MSFT and how should you contact them?
Ryan Cho
OC Communication > OC Private Teams Channel
Which visa category is used for foreign nationals coming to the U.S. to participate in an exchange program that promotes cultural and educational exchange?
J-1 visa
What is the earliest an AP renewal (standalone) can be filed?
Within 120 days.
What is the primary difference between a National Interest Waiver (NIW) and a standard employment-based green card petition?
The NIW does not require a Labor Certification or a specific job offer, while the standard petition does.
Your team received an I-140 approval notice but noticed the priority date is incorrect, potentially affecting the FN's ability to adjust status.
What steps should you take to correct this, and what are the potential consequences if it’s not addressed?
Request for a correction with USCIS, typically through a Service Request through their online portal or if filed with Premium Processing, submitting an email request to the Premium Processing Unit.
If not addressed, the client could face delays in their ability to adjust status or miss out on their correct place in the visa bulletin queue.
You accidentally sent an FN with the same name the wrong application, creating a data privacy incident. What steps should you take now, and what could you have done to prevent this?
1. Inform Brandon, Karina, the lead Attorney, and Program Manager on the work stream, same day or as soon as the incident is realized. You will need to share detailed information: OneNote > Process > Data Privacy Incidents - Process (Web view)
2. What steps could have been taken to prevent?
a. Check the date of births on the passport since the FNs have the same name.
b. Check the INSZoom ID in EYOS (ID starting with BGF)
c. Confirm the email address on the form with the one on MIMS for the FN and ensure to enter it accurately.
d. Other preventative steps: EY Send Protect and Disable Auto-Complete feature (mandatory for our team)
An L-1B visa holder is nearing their maximum stay but had extended periods outside the U.S. and wishes to extend their visa. How can your team address this?
File an extension petition with USCIS and include evidence of the time spent outside the U.S., such as travel records and entry/exit stamps.
This documentation will help recapture the time abroad, allowing for an extension of their L-1B status up to the maximum allowable duration.
An applicant has a pending employment-based I-485, but his priority date has retrogressed, delaying his status adjustment. He recently married a German-born citizen who also resides in the U.S. in lawful non-immigrant status.
According to the current visa bulletin, the priority date for "all chargeability areas" is current. Can he now file his I-485 application and for his dependent spouse? What else would you advise him to do?
The applicant can file an I-485 for a dependent even if their case has already been filed with USCIS.
The applicant can also use cross-chargeability if their spouse's country of birth has a better visa bulletin date. They should provide evidence of the spouse’s country of birth and include this in their Form I-485 to USCIS. This could advance their priority date if the spouse’s country (Germany) has a more favorable bulletin.
What should be done if an employee with an approved EB2/EB3 case through PERM/I-140 gets promoted, relocated, job title changes, and/or their project changes?
The employee should hold the position specified in the PERM application when their green card is granted. Promotions after PERM/I-140 approval carry minor risk, especially if duties remain similar. If the original position is no longer valid, a new PERM/I-140 is needed.
PERM represents a future job offer for when the employee becomes a permanent resident and is unaffected by current project, location, or status changes, provided the job offer remains as initially proposed.