Latest news with #I-140
&w=3840&q=100)
Business Standard
11-08-2025
- Business
- Business Standard
US green card age rule change: How it may hit children, H-1B visa holders
A recent change by the US Citizenship and Immigration Services (USCIS) will narrow the eligibility for children to remain on their parent's green card application, affecting thousands of immigrant families — including many on H-1B visas. From August 15, 2025, adjustment of status applications will be assessed under a stricter standard. Children turning 21 before approval will lose eligibility unless they qualify under the revised Child Status Protection Act (CSPA) calculation. How the rule has changed Under the Biden administration's February 2023 policy, USCIS used the more generous 'dates for filing' chart to decide if a child's age could be frozen under the CSPA, giving families extra time. From August 15, the agency will revert to the 'final action dates' chart — a less favourable benchmark that often shortens the protection window. 'The Immigration and Nationality Act defines a child as a person who is both unmarried and under 21 years old,' USCIS explained in its announcement. 'If someone applies for lawful permanent resident status as a child but turns 21 before being approved, that person can no longer be considered a child for immigration purposes. This is commonly referred to as 'ageing out'.' USCIS said Congress had created the CSPA in 2002 to address backlogs causing children to lose eligibility before their case was decided. The law allows an age calculation — the 'CSPA age' — that can keep a child under 21 for immigration purposes even after their actual birthday, but only if they remain unmarried. Why this matters for Indian families The change will hit the Indian diaspora particularly hard. India has one of the world's longest waits for an employment-based green card, with backlogs stretching into decades. A March 2023 analysis by David J. Bier, director of immigration studies at the Cato Institute, found a queue of 1.07 million Indians in the EB-2 and EB-3 categories. Bier projected that nearly 134,000 children in these families could age out before a green card becomes available — a figure that could now rise under the revised calculation. How the CSPA works For employment-based green card cases, several conditions must be met for a child to remain eligible: • The I-140 petition must be approved • The I-485 adjustment of status application must be filed • The priority date must be current • The child must be under 21 after subtracting the time the I-140 was pending For example, if an I-140 was pending for one year, that year is deducted from the child's age. The same principle applies in family-based cases using the I-130 petition. Impact of the new calculation 'This means that some children, even with a filed I-485, could lose eligibility if they turn 21 before the final action date is current,' said Reddy Neumann, a US-based immigration attorney. 'This change essentially reverts the policy to how it was before the more flexible approach in recent years.' Neumann added, 'Once a child's age is locked in under CSPA, no further worry is needed. But for those not yet protected, timing is crucial. While it's possible to file the I-485 with a pending I-140, the age lock-in only occurs when the I-140 is approved and the final action date is current.' Doug Rand, a former Department of Homeland Security official who worked on the 2023 policy, called the change unnecessary. 'It's such a petty and obnoxious thing to do. Of course, the Trump administration is causing fear and heartbreak at a massive scale, across the immigration system, and this may seem like a small thing in the grand scheme,' he said. What should applicants do? Attorneys may consider strategies such as adjusting premium processing timelines to maximise the pending period of an I-140, which can benefit age calculations. 'This is a case-by-case decision that should be carefully planned with legal advice,' said Neuman
India.com
24-04-2025
- Business
- India.com
Bad news for Indians as H-1B visa holders in US are being asked to reveal home address and...
Bad news for Indians as H-1B visa holders in US are being asked to reveal home address and... US H-1B Visa: People working on H-1B visa and other work visas in America are in trouble with the immigration officials starting to issue 'Request for Evidence' (RFEs), in which more information has been sought from the visa applicants. According to Forbes report, officials have asked visa applicants for their home address and biometric data. Immigration lawyers are also worried due to the new rules. They say that earlier USCIS had not asked for answers to such questions. Lawyers say they are getting RFEs in cases of job-related visas like H-1B and I-140. Getting an RFE means that the authorities need some more information from the visa holders. These notices mention potentially adverse information. This means that the authorities have found some information about the applicant that may go against them. The officials are asking the applicants for their new address so that they can go to their home and collect their biometric data. Biometrics are not needed: Experts 'This is very strange because biometrics are not usually required for these visas,' Vik Goel of Goel & Anderson told Forbes. He also added, 'The RFEs do not even state what the adverse information is. This leaves both the employer and the lawyer in the dark.' Immigration experts say this has never happened before. Usually, RFEs only ask questions about eligibility, not home addresses or biometric data. What did the RFEs say? In an RFE, USCIS said, 'We have received some information about the beneficiary that may be inconsistent with the identity of the beneficiary. In order to process your application or petition, we need the beneficiary's updated address so we can capture biometric data.' The beneficiary is the person who is receiving the visa. What do immigration lawyers recommend? Immigration lawyers are advising people to respond to RFEs with caution. 'I would recommend not responding directly to an RFE by providing the beneficiary's address or scheduling biometrics,' Goel told Forbes. Instead, he suggested citing 8 CFR 103.2(b)(16)(i). This rule says that USCIS must be told any information it is using to make a decision.
Time of India
22-04-2025
- Time of India
US now demanding home addresses & biometrics from H-1B visa workers; raises concern
Immigration authorities in the United States have started issuing Requests for Evidence (RFEs) in H-1B and other employment-based immigrant visa cases, seeking home addresses and biometric data from applicants, according to a Forbes report. The new development, as per the report, has caused concern among immigration attorneys, as U.S. Citizenship and Immigration Services ( USCIS ) has not previously requested such information for these petition types, raising questions about the agency's intent and transparency. Sudden notice alarms attorneys Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track default , selected Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo Attorneys representing employers and foreign workers report receiving RFEs in cases involving H-1B and I-140 employment-based petitions. These notices refer to 'potentially adverse information' and seek updated residential addresses, with the stated intention of collecting biometric data. (Join our ETNRI WhatsApp channel for all the latest updates) 'This is highly unusual because biometrics are not typically required for these case types,' Vic Goel of Goel & Anderson told Forbes. 'The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark.' Live Events MORE STORIES FOR YOU ✕ « Back to recommendation stories I don't want to see these stories because They are not relevant to me They disrupt the reading flow Others SUBMIT In one instance, an RFE issued by USCIS stated, 'We have encountered potentially adverse information related to the beneficiary. To continue processing your application or petition, we require an updated address for the beneficiary so that we may collect biometric data.' This move is unprecedented in the processing of employment-based visa cases, as per immigration professionals. Typically, RFEs are limited to questions about eligibility criteria, not personal addresses or biometric collection. Immigration officials' advice Immigration attorneys advise caution in responding to the new RFEs. 'I recommend not responding directly to the RFE by providing the beneficiary's address or scheduling biometrics,' Goel told Forbes. Instead, he suggests citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information used in making a decision. Rising concerns among employers & universities The timing of these RFEs coincides with heightened enforcement actions by the Trump administration, including deportations of international students for minor infractions and social media posts. As of April 18, over 240 U.S. colleges and universities have reported more than 1,550 international students and recent graduates facing changes to their legal status. According to Forbes, the low annual H-1B visa cap and backlogs in green card processing already place significant pressure on employers. A study from the National Foundation for American Policy found that a European teenager is four times more likely to get a seasonal work visa than a foreign graduate student is to receive an H-1B to work in artificial intelligence.
