How Can I Verify What is My Immigration Status?

If you recently filed an immigration application with United States Citizenship and Immigration Services (USCIS), you may be eager for an immigration case update. Keep in mind that USCIS processes hundreds of thousands of applications every year, so there may be a prolonged waiting period. Still, you can check your case status at any time. Here’s how.

Get Your Receipt Number

To check your immigration application status, you first need your receipt number. This 13-character number is assigned to your application when it arrives at the USCIS office. Know that it can take a few weeks to receive your receipt number. If it hasn’t arrived within 30 days of filing your application, contact USCIS to find out why.

Make a USCIS Account

While not required, you can create an account on the USCIS website to stay informed about your immigration status, update your address, submit inquiries, and more.

Check Your Immigration Status

There are multiple ways to check your immigration status. Here are your options:

• Check your USCIS case status online: The easiest method is to enter your receipt number on the USCIS website. This gives you the most recent status update of your application.

• Check your case status by phone: Don’t have internet access? Call the USCIS National Customer Service Center at 1-800-375-5283. Be prepared to provide your receipt number to the representative who takes your call.

• Check the status of an application mailed to a lockbox: Did you send your immigration application to a lockbox in Chicago, Dallas, or Phoenix? Email USCIS at lockboxsupport@uscis.dhs.gov. You’ll need the form number, your receipt number (if you have it), the applicant’s name, and your mailing address.

• Check your status with the NVC: If the National Visa Center is handling your immigration case, visit the NVC website for more information.

What is the Average Immigration Application Processing Time?

Every applicant wants their paperwork processed as quickly as possible, but the wait times can range from a few months to years. It all depends on the type of application you submitted and how backed up the USCIS office is at the time of filing.

Fortunately, USCIS provides processing estimates. Simply select the form you filed, the form category, and the office you sent it to from the drop-down lists. If you have been waiting longer than the estimated time shown and haven’t received case updates through your USCIS account, reach out directly by phone or email for more information.

Checking your immigration case status should be straightforward, but if you run into issues, reach out to Hurtubise Weber Law LLP. We can help you avoid problems with your immigration application and provide regular status updates. Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.

Can You Apply for a Green Card Next Month? Check the July 2022 Visa Bulletin!

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for July 2022 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status or to receive their green card or immigrant visa in July.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-july-2022.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

How Much Does a Green Card Sponsorship Cost a Company?

Are you a US employer looking to sponsor a foreign worker? Every employment-based (EB) visa and green card has different legal requirements and costs. One option is to sponsor an EB green card, also known as a permanent resident card.

Types of Employment-Based Green Cards

EB-1

• EB-1A applicants demonstrate extraordinary ability in a specific field. They don’t require employer sponsorship.

• EB-1B applicants include outstanding researchers and professors with national acclaim.

• EB-1C applicants include executives and managers of foreign companies.

EB-2

• The job must require an advanced degree (MBA, PhD, etc).

• The employer must attempt to recruit a US citizen or green card holder first.

• A candidate can apply without a sponsor if they can show that their employment is in the national interest of the US.

• Note that citizens from India and China currently face a four- to nine-year backlog.

EB-3

• The job must require a four-year degree or equivalent.

• The employer must attempt to recruit a US citizen or green card holder first.

• Note that citizens of all countries currently face a backlog, especially those from India (12 years) and China (11 years).

How Much Does an Employer-Sponsored Green Card Cost?

Most US employers sponsor foreign workers through permanent labor certification, commonly known as PERM. The specific costs vary based on the circumstances surrounding the business, the foreign worker, and the job position. Be aware that the employer is required to pay all the costs of the PERM process, including:

• Filing fees: Currently, there are no fees associated with filing a PERM application through the Department of Labor (DOL). However, employers must also file Form I-140 with United States Citizenship and Immigration Services (USCIS) for a $700 fee as of 2022.

• PERM job advertisements: The employer must pay the advertising costs to post the job opportunity.

• Legal fees: Due to the complexities of the PERM process, working with an immigration lawyer is highly recommended. It’s essential that the employer, not the employee, work with an attorney and manage the sponsored application process. Lawyers’ fees vary, but an employer can expect to pay thousands of dollars.

• Prevailing wages: US immigration law requires employers to pay foreign workers at or above the prevailing wage for the job position in the area. There are no exceptions to this rule.

An employee’s immediate family members can obtain green cards as derivative beneficiaries, but the employer is not obligated to sponsor them.

Hire an Immigration Lawyer to Begin the Process

For help sponsoring a foreign employee’s permanent residency, please reach out to Hurtubise Weber Law LLP. We can help you successfully navigate the process for the best possible results. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.

Who Can You Sponsor as a US Citizen or Permanent Resident?

The United States government offers many benefits to its citizens and permanent residents. Those born in the States or living in this country as naturalized citizens or lawful permanent residents are permitted to bring foreign-born relatives to the US. Family-sponsored green cards and immigrant visas are issued by United States Citizenship and Immigration Services (USCIS), as well as the US Department of State. Not every family member can immigrate to the US through family sponsorships. Below is more information about who you can sponsor as a US citizen or permanent resident and the requirements and restrictions that apply.

Sponsoring an Immediate Relative

Most family-sponsored immigrant visas are obtained for close family members. USCIS defines “immediate relatives” as the spouses, children, and parents of US citizens. The US government does not limit the number of immigrant visas and green cards that can be issued to immediate relatives each year, which means these petitions may be processed more quickly than others.

Sponsoring Other Family Members

A US permanent resident or “green card” holder is eligible to sponsor family-based green cards for relatives in the “family preference categories.” US citizens are also eligible to sponsor their adult children and siblings under these categories. The number of green cards and immigrant visas that may be issued each year in each of these categories is limited. The categories include:

• Unmarried sons and daughters over age 21 of US citizens

• Spouses and unmarried children under age 21 of permanent residents

• Unmarried sons and daughters over age 21 of permanent residents

• Married sons and daughters of any age of US citizens

• Siblings of US citizens (if the US citizen filing the petition is over age 21)

Things get a bit more complicated in situations with adoptive parents, stepparents, and children who “age out” due to the extensive delays in immigration processing times. However, working with a good immigration attorney can help ensure a fair outcome.

The Application Process

Sponsoring a family member to join you in the US can be quite a lengthy process. Even a spouse, who is generally accorded a shorter processing time, may have to wait as long as two to three years. The fastest way to secure a family-based green card is to work with Hurtubise Weber Law. We’ll assist you every step of the way to help you remain with your loved ones or to reunite you with them as soon as possible!

For more information about family-based green cards and immigrant visas and to speak with an immigration lawyer in San Francisco or San Jose about your situation, please call us at (415) 413-8760 or contact us online today.

10 Most Common Reasons for a Green Card Application to be Denied

Each year, United States Citizenship and Immigration Services (USCIS) approves thousands of lawful permanent resident cards, also known as green cards. This allows non-US citizens to live and work in this country permanently. However, a green card may be denied if the applicant is deemed “inadmissible.” Take a closer look at the 10 most common reasons this can happen.

1. Health: You must pass a medical exam performed by a government-approved doctor. Your application may be denied if you have an infectious disease, aren’t properly vaccinated, are addicted to drugs, or have a medical disorder that threatens the safety of others.

2. Criminal background: If you have been convicted of certain crimes—including drug trafficking, prostitution, money laundering, or fraud—you could be deemed inadmissible to the US.

3. Finances: If you have no way to support yourself, your green card could be denied based on the likelihood that you will become a drain on public resources. However, if you are a victim of human trafficking, you may not be treated as inadmissible even if you will likely require government assistance.

4. Fraud or misrepresentation: Knowingly misrepresenting the facts when applying for permanent residency—such as claiming false employment or listing the wrong address—may cause USCIS to deny your application.

5. Prior unlawful presence: USCIS will review your past immigration history to determine if you have ever entered the country unlawfully, overstayed a visa, or been deported. While these are not automatic grounds for denying an application, you may need a skilled lawyer to make your case.

6. National security concerns: Your visa application will likely be denied if you are currently or formerly affiliated with a terrorist group, criminal organization, or totalitarian party.

7. Lack of evidence: In the case of family-based green cards, your petition may be denied if there’s insufficient evidence to support the relationship between you and your sponsored family member.

8. Incomplete application: All aspects of a green card application must be submitted together. If any forms, support documents, or filing fees are missing, that could be enough motivation to deny your application.

9. Missed deadlines: Another reason for having your green card denied is if you miss appointments or interviews needed to complete your application. Submitting documentation past the deadline is also problematic.

10. Errors in the application process: The strict legality of a permanent resident card leaves no room for error. Misspelling a name or forgetting a birth date could be reason enough for USCIS to deny your application, even if it was an innocent mistake.

Don’t allow something as simple as a missed deadline or typo to cost you your green card! Hurtubise Weber Law can help you complete your application correctly and submit it in a timely manner. Even if you have already been deemed inadmissible, we can assist with filing a waiver or meeting an exception written into immigration law. When you’re ready to begin applying for a green card, please call our San Francisco or San Jose office at (415) 849-1199 or contact us online.

How Often Does USCIS Update its Case Status?

Are you eagerly awaiting a status update about your Form I-130, Form I-129F, Form N-400, Form I-485, or other immigration applications? The United States Citizenship and Immigration Services (USCIS)—the government agency responsible for processing immigration forms—publishes status updates and average processing times on its website. You can also sign up for email or text alerts. Here’s what you need to know about USCIS case updates.

Create a USCIS Account

While not required to file an immigration application, many applicants choose to create an account on the USCIS website. By providing your receipt number and registering your email address and phone number, you’ll receive occasional USCIS updates regarding your status.

Average USCIS Processing Times

Once you file an immigration application, you obviously want your case processed as quickly as possible. However, USCIS receives hundreds of thousands of applications every year. To handle this enormous volume of paperwork, USCIS employs numerous service centers and field offices nationwide. Even so, wait times can range from a few months to over a year, depending on the type of application you file and how backed up the USCIS office is.

For processing estimates, head to the USCIS website. Select the form you filed, the form category, and the office you sent it to from the drop-down lists. Be aware that USCIS updates its average processing times once a month.

What to Do if You’ve Waited Longer Than the Average Processing Time

If your case is well outside the processing time listed on the USCIS website, here are your options:

• Double-check your USCIS case status online.

• Call the USCIS National Customer Service Center at 1-800-375-5283.

• File a case inquiry to find out why your application is taking so long to process.

Keep an Eye on Your Text Messages and Email Inbox

If you have created a USCIS account, you may receive the status updates such as:

We are still reviewing your case and there are no updates at this time. We will notify you when your case status changes. We last took action on your case on [date].

This system-generated message is sent to applicants who opt to receive email notifications. It does not mean your case has been approved or denied.

We have taken an action on your case. Sign in to your account to view your case status.

This update could indicate approval, denial, request for evidence (RFE), or another status update. If you receive this email but find no further information online, check back later. Sometimes the USCIS website takes time to reflect status updates.

For more help performing a USCIS status check, turn to Hurtubise Weber Law LLP. We can help you navigate the immigration application process. Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.

TN Visa Restrictions

Have you been offered a job in the United States? If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. TN, or Trade NAFTA, is an arrangement under the North American Free Trade Agreement (NAFTA). This nonimmigrant employment visa allows Canadian and Mexican citizens in certain professions to work in the US.

TN status is one of the fastest, easiest US work authorizations available. However, some restrictions still apply.

You Must Maintain Your Visa Status

Under US immigration law, nonimmigrant employees who fail to maintain their TN status can be deported. This means if you stop working for your US employer, you’ll be asked to leave the country. If things escalate to this point, you could become ineligible to request an extension or change of status. Be aware that you may be exempt from deportation if you’re involved in a strike or labor dispute that prevents you from working temporarily.

You Must Leave the US or Make Corrective Measures If You Lose Your Job

If you are laid off, terminated, or voluntarily leave your job, you have 60 days or until your TN status expires, whichever comes first, to complete one of the following:

• Apply for a new TN visa with another employer

• File for a change of status to another nonimmigrant visa classification

• Make preparations to depart the US

Family members with TD visa status are also eligible for this grace period.

You Must Leave the US If Your TN Status Expires

Unless you file an extension application, you cannot continue working or living in the US once your TN-authorized stay expires. This date should be listed on your I-94 record or passport admission stamp. If you overstay, you could end up:

• Being deported

• Being barred from reentering the US for up to 10 years

• Having your TN visa stamps voided

• Having future TN visa applications denied

Your employer could also face civil penalties or criminal prosecution for continuing to employ you after your TN status expires.

You Cannot be Self-Employed

You can’t get a TN visa if you own or “substantially control” the US company you work for. Immigration offers to assess business ownership based on whether you:

• Founded or currently own and operate the company

• Have sole or primary control of the business, regardless of how many shares you own

• Receive most or all of the income the business generates

You Cannot Intend to Stay Permanently

A TN visa is meant for temporary workers only. You’re not allowed to use it if you intend to remain in the country indefinitely.

If you have questions about TN visa restrictions or how to apply for TN status, reach out to Hurtubise Weber Law. We’ll assist with the application process and offer advice to keep you compliant with TN visa restrictions. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers based in San Francisco and San Jose, CA.

H-1b Visa Cap Season is Almost Here!

USCIS has announced that the initial registration period for the FY2023 H-1b cap will open at 12 pm ET on March 1, 2022, and run through 12 pm ET on March 18, 2022.

H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.

This March there will be an H-1b visa registration lottery system similar to the one used in March 2021. A company will be required to identify their H-1b visa candidates and enter them in the lottery for a chance at H-1b visa issuance.

We specialize in H-1b visas. If you are an employer with potential candidates, we would be happy to evaluate them for the H-1b visa. Please contact us today for a free employer consultation, at 415-413-8760 or theteam@huwelaw.com.

Can You Apply for a Green Card Next Month? Check the February 2022 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-february-2022.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Consular Interviews Can Now be Waived for Certain H, L, & O Visa Applicants

Great news for employment-based visa applicants abroad - the Department of Homeland Security has announced that throughout this year consular officers will have discretion to waive interviews for H, L, & O visa applicants applying in their country of nationality or residence who were previously issued any type of visa, who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility. Officers also now have authority to waive interviews for first-time applicants in these categories who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided that they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Need assistance applying for an H-1b, H-4, O, or L visa? We are here for you! Contact us today at theteam@huwelaw.com or 415-849-1199.

Can You Apply for a Green Card Next Month? Check the January 2022 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for January 2022 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in January.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Can You Apply for a Green Card Next Month? Check the December 2021 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for December 2021 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in December.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-december-2021.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

Work Permit No Longer Necessary for L-2 Visa Holders; Automatic Extensions for H-4 Visa Holders

A recent class action legal settlement has resulted in good news for thousands of spouses of L-1 visa holders, as well as spouses of H-1b visa holders. L-2 visa holders will now be issued work authorization automatically and will not be required to submit an application for an EAD. H-4 visa holders will now be eligible for an automatic extension of their employment authorization if a timely extension request has been submitted.

The new government policy highlights are below:

• Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.

• Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD.

• Provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26).

• Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue to file Form I-765 if they choose to receive an EAD.

Are you an employer needing assistance with a visa application? We would be happy to see if we can help! Contact us today at theteam@huwelaw.com or 415-849-1199.

Can You Apply for a Green Card Next Month? Check the November 2021 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for November 2021 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in November. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-november-2021.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

USCIS Further Extends Deadlines for Responding to RFEs, NOIDs

Good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS: You may have more time to submit your response.

Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and January 15, 2022.

Need assistance with your fiance visa, green card application sponsored by a family member or employer, or employment-based visa? Contact us today at theteam@huwelaw.com or 415-496-9040.

Immigration Backlog Causes Long Delays in Processing

The data is in: The US Government Accountability Office (GAO) has found that the caseload at USCIS, the government agency that processes immigration applications like applications to adjust status to become a permanent resident and naturalization applications, has increased by 85% over the past 5 years. Yikes.

Per the GAO, "policy changes, longer forms, staffing issues, and delays from COVID-19 contributed to longer processing times. Although USCIS has several plans to address the backlog, it hasn't implemented them and hasn't identified necessary resources."

What does this mean for me?

If you have a pending application with USCIS, then you likely will need to wait much longer than you would have in the past to see it approved. For example, right now we are seeing 18-24 month processing times for Applications to Adjust Status (to obtain a green card while residing in the US) in the San Francisco and San Jose California area. And processing time for a Petition for Alien Relative (the first step in the "green card" process when sponsoring a relative abroad) for the spouse, parent, or child of a US citizen can be as long as 32 months!

What does this mean moving forward?

We hope that USCIS will soon take action to address this frustrating backlog. In the meantime, we recommend filing your application as soon as possible to "get in line." If you are seeking assistance with a green card sponsored by a family member or employer, or an employment-based visa, contact us today at theteam@huwelaw.com or 415-413-8760 and let us help!

Can You Apply for a Green Card Next Month? Check the October 2021 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for October 2021 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-october-2021.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.

Contact us at theteam@huwelaw.com or 415-496-9040 today.

TPS Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

The Department of Homeland Security has announced that Temporary Protected Status (TPS) will be automatically extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan, through December 31, 2022. To obtain a new EAD with an expiration date of Dec. 31, 2022, TPS beneficiaries must file Form I-765, Application for Employment Authorization.

Need help figuring out your immigration options? Contact us today at theteam@huwelaw.com or 415-496-9040.

USCIS Creates New Webpage for Lockbox Filing Location Updates

USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed. The filing locations are periodically adjusted to balance incoming workload for timely processing. That means that even if your application was mailed to one location, it could end up being processed in a different one. 

Contact us today at theteam@huwelaw.com or 415-548-7067 for assistance with a green card or employment-based visa application.

Can You Apply for a Green Card Next Month? Check the September 2021 Visa Bulletin

Have you been “waiting in line” for a green card to become available in your preference category?

You can check the U.S. Department of State Visa Bulletin for September 2021 to see if your priority date will be current next month.

Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in September. USCIS has announced that the Final Action Dates chart may be used for F2A applicants next month.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-september-2021.html

Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.

Contact us at theteam@huwelaw.com or 415-496-9040 today.