Ossining, NY Immigration Law Firms & Lawyers

In looking at the various service centers of USCIS and their published times in adjudicating changes of status to “other” categories like B-2, they are generally taking a long time. The Texas Service Center is taking between 10-13 months, California Service Center 19-25 months, Nebraska Service Center 9.5-12 months, Vermont Service Center 11.5-15 months, Potomac Service Center 10.5-13.5 months, and the National Benefits Center 2.5-4.5 months. I note that USCIS adjudications have been delayed because of the pandemic, and have hopefully begun to speed up. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It is not unusual for a student on an F1 visa to apply for a visa in the EB2 category. Those applications generally fall into two types - one by which an employer files an application and completes the Labor Certification process, or one by which the applicant self-petitions and seeks a waiver of the Labor Certification process - this type is often called "EB2/NIW"). It would be wise for you (and, if applicable, your employer) to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibilities, options and strategies and could offer legal representation in the application process.