발표일시: 2022.11.16

이민국 신청서 접수업무의 효율을 높이기 위한 권장사항이 공지됐다. 온라인 접수가 아닌 페이퍼 신청의 경우 스테이플은 물론 펀치후 클리핑 하는 것도 이민국 스캔작업을 지연시키기 때문에 자제하도록 했다.

또한 규격용지 (일반적으로 Letter Size)가 아닌 크고 작은 사이즈의 페이퍼를 사용하지 말 것이며, 폼 설명서 등에 필요사항으로 요청된 것이 아니라면 원본을 제출하지 말도록 당부했다.

사본 한부 (one copy) 이외에 중복된 서류를 제출하지 말 것이며, 규정상 추가 사본을 보내야 할 경우엔 맨 앞에 "Copy"라고 분명히 명시하도록 했다. (일반적으로 Duplicate)

이민국은 이밖에도 페이퍼 접수방법에 대한 세부적인 권장사항을 설명하고 이를 지키지 않을 경우 해당 케이스 수속이 지연될 수 있다고 경고하고 있다.

** 이민케이스는 시간이 중요합니다.

     비용 때문이라면 망설이지 마시고 바로 저희와 상의하시기 바랍니다.   카톡상담

[이민국 공지] 

Release Date 11/16/2022

As we move toward an increasing electronic environment, we now scan and upload many documents into electronic database systems. To avoid delays and improve scanning efficiency, we recommend that you do not:

• Hole punch, staple, paper clip, binder clip, or otherwise attach documents to one another.
• Include photos or documents smaller than 4x6 inches for evidentiary purposes. Provide photocopies of these items instead. The only exception is when we request a passport photo with the filing.
• Include anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as cassette tapes, CD-ROMs, DVDs, toys, action figures, or thumb drives. We will not accept these types of materials. However, we will accept photographs or photocopies of these items.
• Submit forms or evidence documents bound with a binding or spiral wire/plastic.
• Submit evidence using photo albums, scrapbooks, binders, or greeting cards.
• Fold documents.
• Place sticky notes on documents.
• Use insertable tab dividers.
• Print forms on colored paper.
• Submit more than one copy of the same document or evidence unless required by the form instructions or regulations. If you are required to submit a copy of a complete prior application, petition, or request, clearly mark it as a “COPY” at the top of each page to ensure it is processed as intended.
• Send original documents such as birth certificates, marriage certificates, driver’s licenses, passports, naturalization certificates, except when:
• Required by the form instructions for the application, petition, or request you are filing; or
• We specifically issue a request for you to submit an original document.

Avoiding these activities will improve our efficiency as we process your application, petition, or request.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.11

취업이민 2순위 (EB-2 Professions holding Advanced Degrees or  Persons of Exceptional Ability) 이민문호도 후퇴했다. (22년 12월)

지난 12월 국무부 (Department of State)의 이민문호/영주권문호 (Visa Bulletin)에서 2순위 비자유효날짜 (Cut-Off Date), 즉 승인가능날짜 (Final Action Dates)가 2022년 11월 1일로 후퇴했다. 즉, 영주권신청 (I-485) 또는 이민비자신청 (DS-260)을 했을 경우 2022년 12월중에는 2022년 10월 31일 이전 우선일자 (Priority Date)의 케이스까지만 승인을 받을 수 있다.

이민국은 12월동안 접수 가능한 적용기준 (When to File I-485 Application)을 접수가능날짜 (Dates for Filing)인 2022년 12월 1일 이전 우선일자 (Priority Date) 케이스로 적용키로 했다. 이 날짜 이전 우선일자를 가진 케이스의 I-485 영주권신청서를 접수받아 수속을 하되 승인가능날짜 (Final Action Dates)에 도달할 경우 결론을 내주게된다.

이러한 2순위 영주권문호의 후퇴는 당장은 영향을 받는 케이스가 없다 하더라도 내년에 연이어 발표되는 문호에서도 진전이 없다면 노동청허가 (Labor Certification; PERM)를 받아놓고도 영주권신청서 (I-485)를 접수하지 못하고 대기하는 케이스가 늘어날 수도 있다. 또한 이민국이 접수허용 날짜를 Date for Filing으로 여유있게 적용해 영주권신청서를 접수하더라도 승인가능날짜에 도달할 때까지 이민국내에서 수속이 중단된 상태로 대기하게 될 가능성도 높다. 

3순위에 비해 비자숫자 (Visa Quota)에 여유가 있는 2순위지만 신청자들이 몰리면서 문호가 일정정도 후퇴한 것.

한편, 3순위 비숙련직 문호는 12월에도 진전없이 정체를 이어가고 있다.

국무부 발표 이민문호 (영주권문호)

스마트이주공사 (Smart Korean Consulting)

** 이민케이스는 시간이 중요합니다.

     비용 때문이라면 망설이지 마시고 바로 저희와 상의하시기 바랍니다.   카톡상담

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.10.24

이민국 (USCIS)은 COVID-19 팬데믹 상황에서 일부 서류제출 마감기한에 대해 60일 추가기간을 더 주는 '유연성' 정책을 오는 2023년 1월 24일까지 연장했다. 그동안 마감기한을 지키지 않는 경우 명백한 거절 (Denied)사유가 되어오던 이들 서류제출요청 기한은 팬데믹이란 특수상황을 고려해 일정기간 여유를 준 것. 

[이민국 공지] 

Release Date 10/24/2022

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.9.29

2022년 9월 30일까지 허용됐던 영주권신체검사 의사서명 60일 규정 (60-Day Rule for Civil Surgeon Signatures on Form I-693) 면제 (Waiver)조항이 오는  2023년 3월 31일까지 연장됐다.

미국내 영주권신청 (I-485 Adjustment of Status)시 제출하는 이민국 신체검사서는 규정상 의사가 신체검사서 (I-693) 에 서명을 한 이후 60일 이내에 제출해야 유효하다. 그런데 이민국은 이 60일 제한 규정을 COVID-19 팬데믹 상황에 따라 2021년 12월 9일부터 2022년 9월 30일까지 면제했다. 즉, 의사서명후 60일이 지난 다음에 제출하는 신체검사서도 유효성을 인정해준다는 의미.

이 면제조항이 임시적으로 내년 2023년 3월 31일까지 6개월 연장됐다.

[이민국 공지]

Release Date 09/29/2022

U.S. Citizenship and Immigration Services is extending our temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

The waiver was originally effective until Sept. 30, 2022, but we have extended it to March 31, 2023, to further ease processing delays and associated difficulties in timely completing the immigration medical examination. This waiver applies to all Forms I-693 associated with applications for underlying immigration benefits that have not been adjudicated, regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693.

This waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes delayed immigration medical examinations. It also will help many applicants, including Afghan nationals evacuated under Operation Allies Welcome, who completed immigration medical examinations but could not apply for adjustment of status within 60 days of a civil surgeon signing their Form I-693.

For more information, see the policy alert (PDF, 355.58 KB). Visit our Policy Manual Feedback page to comment on this update.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.9.28

이민국(USCIS)에 10년만료 영주권카드 갱신신청 (I-90)을 하면 카드 유효기간을 24개월 연장해주는 접수증 (Receipt Notice)을 받는다.

만료된 영주권카드와 이 접수증 원본을 함께 가지고 다니면 2년간 유효한 카드의 효력을 갖는다.

[이민국 공지]

Release Date 09/28/2022

Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 12-month extension of the validity of a Green Card.

USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 24 months for individuals with a newly filed Form I-90. On Sept. 26, USCIS began printing amended receipt notices for individuals with a pending Form I-90.

These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.

For more information, visit our Replace Your Green Card page.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.7.25

이민국 (USCIS)은 COVID-19 팬데믹 상황에서 일부 서류제출 마감기한에 대해 60일 추가기간을 더 주는 '유연성' 정책을 오는 2022년 10월 23일까지 연장했다. 그동안 마감기한을 지키지 않는 경우 명백한 거절 (Denied)사유가 되어오던 이들 서류제출요청 기한은 팬데믹이란 특수상황을 고려해 일정기간 여유를 준 것. 

[이민국 공지] 

Release Date 07/25/2022

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Oct. 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive.

In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.5.24

이민국 (USCIS)은 기존에 제한을 두던 I-140 취업이민 페티션을 사용하는 몇몇 카테고리에 대해 급행신청 (Premium Processing Service)을 허용했다. 그리고 금년 (2022년)내로 F-1/F-2 유학신분과 E-2/R-2/H-4/L-2 등 비이민 취업비자의 동반자 신분변경과 연장 등에 사용되는 이민국 신청서 폼 I-539, 워크퍼밋 신청서 I-765 등에 대해서도 급행서비스를 확대 적용할 방침이다. 

[이민국 공지] 

Release Date 05/24/2022

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion will occur in phases:

• Beginning June 1, 2022, we will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.
• Beginning July 1, 2022, we will accept Form I-907 requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.
• As the expansion of premium processing is being implemented in a phased approach, we will continue working towards premium processing availability of additional Form I-140 petitions, Form I-539 and Form I-765 in fiscal year 2022. USCIS will also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.

We will reject premium processing requests for these Form I-140 classifications that are filed before their start date of June 1, 2022, or July 1, 2022. USCIS has 45 days to complete premium processing for these newly included Form I-140 classifications. We will not accept new (initial) Forms I-140 with a premium processing request at this time.

We will reject premium processing requests for these classifications that are filed before their start date of June 1, 2022, or July 1, 2022. We will not accept new (initial) Forms I-140 with a premium processing request at this time.

On May 24, 2022, we published a new version of Form I-907, dated 05/31/22. For the month of June, we will accept both the 09/30/20 and the 05/31/22 editions of Form I-907. Starting July 1, we will reject the older 09/30/20 edition of Form I-907.

As previously announced, we are expanding premium processing to additional form types as part of our efforts to increase efficiency and reduce burdens to the overall legal immigration system.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.5.3

I-765 워크퍼밋 (EAD, Employment Authorization Document) 갱신 신청을 하고 받은 접수증으로 최대 540일 (18개월)까지 취업허가가 자동 연장된다. 즉, 기존의 만료된 EAD Card와 이 접수증 원본으로 540일을 새카드 수령 전에 합법적으로 일을 해도 된다. 이는 이민국의 수속이 계속 지연되면서 기존 180일 자동연장에서 기한을 대폭 늘린 것.

[이민국 공지] 

Release Date 05/03/2022

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers.

“As USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” said USCIS Director Ur M. Jaddou. “This temporary rule will provide those noncitizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers.”

For several years, USCIS has been in a precarious financial situation that has impaired the efficient completion of caseloads. The COVID-19 pandemic exacerbated these challenges in 2020, in addition to a hiring freeze and furlough threat leading to workforce attrition and severely reduced capacity. In 2021, before USCIS could recover from these fiscal and operational impacts, there was a sudden and dramatic increase in EAD initial and renewal filings, as explained in detail in the TFR.

The TFR, which only applies to those EAD categories currently eligible for an automatic up to 180-day extension, will temporarily provide up to 360 days of additional automatic extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after publication of the TFR while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic. This timeframe will allow USCIS an opportunity to address staffing shortages, implement additional efficiencies, and meet Director Jaddou’s recently announced goal of achieving a three-month cycle time for EAD applications (generally comparable to a median three-month processing time) by the end of FY23. Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.

Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible. Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD. Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.

The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.

Certain noncitizens who are in the United States may file a Form I-765, Application for Employment Authorization, with USCIS to request employment authorization and an EAD. Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.3.18

E-1, E-2, E-3, L-1 비자신분의 배우자 (E-1, E-2, E-3, L-2) 들은 기존의 워크퍼밋을 신청하지 않아도 비자신분 자체로 일을 할 수 있게됐다.
이같은 비자소지자의 경우 입국시 또는 신분변경시 E-1S, E-2S, E-3S, L-2S라는 입국코드 (COA)를 받게되며 이 코드가 기재된 I-94 (입국허가서, 신분변경 승인서)가 곧 일할 수 있는 신분증명으로 사용된다.

[이민국 공지]

Release Date 03/18/2022

U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

On Nov. 12, 2021, USCIS issued a policy announcement to clarify that we will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children.

As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.

If you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, we will mail you a notice beginning on or about April 1, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov to request a notice.

We will only send notices to individuals identified as qualifying spouses based on a Form I-539 approved by USCIS. Individuals who received their Form I-94 from U.S. Customs and Border Protection (CBP) should visit www.cbp.gov.

Visit the Policy Manual for Comment page to comment on this update.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2022.2.10

일리노이주 엘진 (Elgin) 시에 새로운 이민국 신청서 접수처 (Lockbox)가 오픈했다. 이곳에서는 I-751 조건부해제신청서를 시작으로 N-400 시민권신청서, I-130 가족이민청원서 등의 접수를 순차적으로 늘려나갈 예정이다.

[이민국 공지] 

Release Date 02/10/2022

As we announced in November 2021, we have opened a new lockbox facility in Elgin, Illinois. We are beginning to transition incoming work to the new location.

On Feb. 1, we added Elgin as a filing location for certain applicants filing Form I-751, Petition to Remove Conditions on Residence. In the coming weeks, we will move additional workloads to the Elgin lockbox, including certain applicants filing Form N-400, Application for Naturalization, and Form I-130, Petition for Alien Relative. We expect to complete the transition to Elgin by late summer 2022.

We also expect to move the lockbox facility in Arizona from Phoenix to Tempe in fall 2022.

Our Lockbox Filing Location Updates page provides an up-to-date summary of changes we make to any lockbox filing location. For the most current information on where to file, please see the Where to File section on the webpage for your form. You can also subscribe to the Forms Updates GovDelivery distribution list to receive an email each time we update a filing location.

스마트이주공사 (Smart Korean Consulting)

이민국은 신속처리요청 (Expedite Request)에 대한 지침을 업데이트 했다. Expedite Request는 Premium Processing Service (급행신청)이 아니며 일부 제한된 케이스에 적용된다고 밝혔다. 

[이민국 공지] 

Release Date 01/25/2022

U.S. Citizenship and Immigration Services has updated the USCIS Policy Manual to reflect new guidance on how we determine whether a case warrants expedited treatment. The new guidance is effective immediately.

This update:

• Clarifies the criteria and circumstances under which we generally consider expedite requests from nonprofit organizations as determined by the Internal Revenue Service;
• Provides additional examples of when we may consider expedite requests made by federal, state, or local agencies, including labor and employment agencies;
• Adds examples to further illustrate how the expedite criteria relates to emergencies and urgent humanitarian reasons; and
• Explains that some circumstances may affect or delay our ability to expedite an application or petition.

[이민국 정책지침서]

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Immigration benefit requestors may request that USCIS expedite the adjudication of their applications or petitions. USCIS considers all expedite requests on a case-by-case basis and may require additional documentation to support such requests. The decision to accommodate an expedite request is within the sole discretion of USCIS.[1] Because granting an expedite request means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, USCIS carefully weighs the urgency and merit of each expedite request.

Expedite Criteria or Circumstances

On or after June 9, 2021,[2] USCIS may expedite a benefit request if it falls under one or more of the following criteria or circumstance:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure: (1) to timely file the benefit request; or (2) to timely respond to any requests for additional evidence;[3]
• Emergencies and urgent humanitarian reasons;
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
• U.S. government interests (including cases identified as urgent by federal agencies such as the U.S. Department of Defense (DOD), U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), DHS, or other public safety or national security interests); or
• Clear USCIS error.

Severe Financial Loss as a Basis for Expedited Treatment

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.

In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

Expedited Treatment Based on Emergency or Urgent Humanitarian Reason

In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time.

An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application.[4] A benefit requestor’s desire to travel for vacation does not, in general, meet the definition of an emergency.

Nonprofit Organization Seeking Expedited Treatment

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific “social” U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.

Expedited Treatment Based on U.S. Government Interests

U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests.

For expedite requests made by a federal agency, involving other public safety or national security interests, the national interest need must be immediate and substantive. If the need for the action is not immediate, expedited processing is not warranted. A substantive need does not mean that a delay would pose existential or irreversible consequences to the national interests but rather that the case at hand is of a scale or a uniqueness that requires immediate action to prevent real and serious harm to U.S. interests.

Expedite requests from DOL, NLRB, DOJ, EEOC, DOS, DHS, or another government agency (federal, state, or local) must be made by a senior-level official of that agency. If the request relates to employment authorization, the request must demonstrate that the need for a person to be employment-authorized is mission-critical and goes beyond a general need to retain a particular worker or person. Examples include, but are not limited to, a noncitizen victim or witness cooperating with a federal, state, or local agency who is in need of employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.

How USCIS Assesses Requests for Expedited Treatment

Not every circumstance that fits under one of the above listed categories or examples necessarily results in expedited processing.

USCIS generally does not consider expedite requests for petitions and applications where Premium Processing Service is available. However, a petitioner that is designated as a nonprofit organization by the IRS seeking a beneficiary whose services are needed in furtherance of the cultural or social interests of the United States may request that the benefit it seeks be expedited without a fee, even if premium processing is available for that benefit. USCIS retains discretion to not accommodate that request. The same petitioner may also request premium processing for the benefit like any other petitioner if it chooses to do so.

Expedited processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE).[5]

To increase efficiency in the review and processing of expedite requests, USCIS does not provide justification or otherwise respond regarding decisions on expedite requests.

In addition, some circumstances may prolong or inhibit USCIS’ ability to expedite certain benefit requests. For example, where an application or petition requires an on-site inspection, USCIS can only expedite that application or petition once the on-site inspection is complete.[6] Another example of a circumstance that delays USCIS’ ability to expedite a benefit request is where the benefit is ancillary to a primary application or petition that is still pending. In such cases, requesting to expedite the primary application or petition (such as an Application to Extend/Change Nonimmigrant Status (Form I-539) or Petition for a Nonimmigrant Worker (Form I-129)) instead of requesting to expedite the ancillary application (such as an Application for Employment Authorization (Form I-765)) would better facilitate USCIS’ ability to process the ancillary application faster.

USCIS provides more information on how to make an expedite request on the How to Make an Expedite Request webpage.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2021.9.14

연방 이민서비스국 (USCIS)은 오는 10월1일부터 미국내 영주권신청자들은 COVID-19  백신 접종증명서를 의사에게 제출해야 신체검사를 받을 수 있다. 따라서, 이민국 신체검사 (I-693)를 위해 병원을 방문할때 반드시 백신카드를 지참해야 한다.

단, 다음의 경우는 백신접종 증명을 면제받을 수 있다.- 접종가능 연령이 아닌 경우- 의료적인 문제로 인해 백신접종이 불가능한 경우- 통상적으로 지정병원이 없는 지역에 거주하는 경우- 백신 보급문제로 접종이 불가능한 지역에 거주하는 경우

또한 다음의 경우엔 이민국 양식 I-601을 사용해 면제신청을 할 수 있다.- 종교적 또는 도덕적 신념에 이해 백신접종을 하지 않은 경우 

[이민국 공지]

COVID-19 Vaccination Required for Immigration Medical Examinations

Release Date 09/14/2021

U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must complete the COVID-19 vaccine series  before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. 

We are updating our policy guidance in accordance with the Centers for Disease Control and Prevention’s Aug. 17, 2021 update to the Technical Instructions for Civil Surgeons. That update requires applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. This requirement is effective Oct. 1, 2021, and applies prospectively to all Forms I-693 signed by the civil surgeons on or after that date. We are working on updating Form I-693 and the form instructions to incorporate this new requirement.

In general, individuals applying to become a lawful permanent resident, and other applicants as deemed necessary, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under the health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for applicants within the United States and to document the results of the immigration medical examination on the Form I-693.

USCIS may grant blanket waivers if the COVID-19 vaccine is:

• Not age-appropriate;
• Contraindicated due to a medical condition;
• Not routinely available where the civil surgeon practices; or
• Limited in supply and would cause significant delay for the applicant to receive the vaccination.

Individuals may also apply for individual waivers based on religious beliefs or moral convictions by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2021.2.22

 ** 2020년 12월 1일 접수 케이스부터 시행하려던 새로운 버전의 시민권시험이 취소되고 2008년 버전을 계속 유지하기로 했다. **
이민국 (USCIS)은 오는 3월부터 작년 12월 1일 이후 접수된 시민권신청 케이스부터 시행할 예정이었던 새로운 버전의 다소 어려워진 시민권시험을 취소하고, 2008년 버전을 유지한다고 발표했다.따라서 시민권신청자들은 모두 다소 평이한 2008년 버전의 100문항의 예제와 간단한 읽기/쓰기 시험을 치를 수 있게 됐다.단, 작년 12월 1일 이후 신청해 새로운 버전을 공부한 신청자의 경우 본인이 원할 경우 새로운 버전으로 시험을 볼 수 있다.  

[이민국 공지]

Release Date 02/22/2021

WASHINGTON— U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.  

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals. 

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual (PDF, 444.11 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

스마트이주공사 (Smart Korean Consulting)

발표일시: 2021.1.8

이민국에 제출한 신청서와 서류에 대한 접수증 발급이 수개월째 극심하게 지연되고 있다.기존에는 서류 제출후 약 2주에서 4주 사이에 접수증을 받을 수 있었지만, 최근엔 최소 6주가 넘어야 접수증을 받을 수 있는 상황이다.

이민국은 현재 4주에서 6주이내에 접수되는 것으로 밝히고 있지만 실제는 8주를 넘기는 경우도 많은 것으로 나타났다.

이민국이 발표한 공지에 따르면, COVID-19 사태로 인해 이민국 건물과 인력을 보호하고 안전을 유지하기 위해 메일룸 업무공간을 제한함에 따라 신청서 접수가 지연되고 있는 것으로 나타났습니다. 이민국은 이와함께 우편으로 제출된 케이스들이 급격히 늘어나면서 이러한 적체가 더욱 가중되고 있다고 밝혔다.

특히, 몇년 전부터 신청서 접수업무의 원활화를 위해 설치, 운영되고 있는 지역별 락박스 (Lockbox)로 제출된 서류의 접수가 심하게 늦어지고 있는데, 이중에서도 취업이민 영주권신청서 (I-485)와 워크퍼밋 신청서 (I-765) 접수가 가장 장기간 지연되고 있는 것으로 나타났다.

다만, 이민국은 접수증 발급은 지연되고 있지만 접수날짜는 우편물 도착시점을 기준으로 발행해주고 있다고 밝혔습니다. 하지만 접수날짜만 소급적용 해준다 해도 실제 그만큼 수속시간이 단축될 지는 미지수다.

스마트이주공사 (Smart Korean Consulting) 

** 이민케이스는 시간이 중요합니다.

     비용 때문이라면 망설이지 마시고 바로 저희와 상의하시기 바랍니다.   카톡상담

[이민국 공지]

Release Date 01/08/2021

Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. The information below explains the current state of our lockbox operations and the issues affecting receipt notices.

Current Situation

As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox. These delays will not affect the receipt date which is determined pursuant to 8 C.F.R. 103.2(a)(7). Delays may vary among form types and lockbox locations. In some cases, you may experience significant delays if you filed a non-family based Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-765, Application for Employment Authorization, based on eligibility categories described in 8 C.F.R. 274a.12(c)(3), relating to F-1 students.

The health and safety of our workforce remains a top priority. Across all USCIS offices, including lockbox facilities, the agency has taken necessary measures such as increased social distancing and frequent cleaning in accordance with the Centers for Disease Control guidance to mitigate the spread of COVID-19. Some lockbox operations in locations that have been severely impacted by COVID-19 must adhere to stricter local guidelines.

What USCIS Is Doing

The USCIS lockbox workforce¹ is working extra hours and redistributing its workload in order to minimize delays. Once we open and process your application, we print and mail the receipt notice. We do not anticipate any receipting delays that would result in a payment that is past its validity date.

What You Can Do

If you have already filed your application and are waiting for your receipt notice, we appreciate your patience. We are working as quickly as possible to complete the intake of all filings.

You can take steps to decrease the time it takes us to process and send your receipt notice or find out the status of your case:

• File online (if this option is available for your form type) and receive immediate confirmation that we have received your form instead of waiting for the mail;
• Create a free USCIS online account and check the status of your case from your mobile device, anywhere, anytime using our case status online tool; or
• Complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your form when filing at a USCIS lockbox to request a text message and/or email when we accept your form.

Finally, visit our Form Filing Tips webpage for more information on filing with USCIS and our online tools for help in managing your application.

스마트이주공사 (Smart Korean Consulting)