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Title: Employment Based Petitions Just Got Faster

Posted on August 20, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I filed a Labor Certification several years ago and it has just been certified. Now I am told that I must file the I-140 or Employment based petition. Additionally, I am told that only afterwards can I file the Adjustment of Status Petition. I urgently need to work and to leave the U.S., but cannot because it will take a considerable amount of time to process the I-140. Is there anything I can do to speed up the process?

Answer: Yes. You are very fortunate as new regulations were just passed by the Immigration and Naturalization Service which allow concurrent filings in certain situations for the I-140 Employment Petition and the I-485 Adjustment of Status Applications.

Question: Why Is the Service Issuing This Rule?

Answer: This interim rule is necessary to improve both efficiency and customer service, and to support the Service’s long-established goals for filing of petitions and applications via direct mail. Currently, as you are aware, an alien can only submit Form I-485 after the alien has had his or her underlying visa petition, Form I-140, approved, and when an immigrant visa is immediately available. Due to these requirements there has been a delay from the time the Form I-140 is filed with the Service until the alien worker, for whom a visa is otherwise immediately available, can properly file Form I-485 with the Service. The most practical and efficient way to eliminate this delay is to permit concurrent filing of Form I-485 together with Form I-140 in cases in which a visa is immediately available. Concurrent filing eliminates the delay that takes place between approval of Form I-140 and the subsequent filing of Form I-485. This interim rule provides for such concurrent filing.

Question: Does This Interim Rule Change or Amend the Substantive Eligibility Requirements for the Visa Petition or Permanent Residence Applications?

Answer: No, this interim rule does not change the current substantive requirements governing eligibility for and adjudication of the Form I-140 nor for the Form I-485.

Question: Who Is Eligible to File Forms I-140 and I-485 Concurrently?

Answer: Forms I-140 and I-485 may be filed concurrently only when an immigrant visa number is immediately available. This interim rule does not change the existing requirement that a visa number must be immediately available before an alien can apply for permanent resident status.

Question: If a Form I-140 Visa Petition Previously Filed for an Alien Worker Is Still Pending with the Service on or After the Date this Rule was published, and a Visa Number is immediately available, can the alien file Form I-485?

Answer: Yes, upon issuance of this rule, an alien whose Form I-140 visa petition is pending with the Service may file Form I-485, together with associated forms and fees, with the Service office at which the visa petition was filed. When filing Form I-485, the alien will be required to attach a copy of the Form I-797, Notice of Action, establishing previous receipt and acceptance by the Service of the underlying Form I-140 visa petition. When an immigrant visa is immediately available, Form I-485 may be filed either concurrently with the Form I-140 or anytime thereafter.

This is a very nice development from the Immigration and Naturalization Service. It will make both their adjudication more efficient, and persons whom want to work sooner on employment based visas will be able to do so considerably quicker than before.

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Title: Why am I penalized because my father became a U.S. Citizen?

Posted on August 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have seen your previous articles on the new Age-Out provisions of the law just recently passed. My father filed a petition for me around 1993. I am from the Philippines. He was a Lawful Permanent Resident at the time. Three years ago he became a U.S. Citizen. I was actually called for the interview at the U.S. embassy in the Philippines, but when they found out my father was a U.S. Citizen, they said my visa number was not current and made me leave. Can I still avail of this new law?

Answer: Yes. The President of the United States has just signed a bill referred to as the Child Status Protection Act. While a large part of the bill deals exclusively with persons who are going to ‘age-out’ or turn 21 years old, there is a very specific provision in the bill for people in your situation. It is specifically for persons who are the unmarried sons or daughters of a Lawful Permanent Resident parent. Once petitioned, the visa number availability falls under a certain preference category for Lawful Permanent Residents. That parent petitions them and at some later point naturalizes and becomes a U.S. Citizen. This now moves the petition into a different category where the wait for most of the rest of the world (other than the Philippines) is considerably shorter.

Question: What exactly does this bill do?

Answer: It gives you the right to write the Attorney General and tell him that you do not want the preference to automatically change. In other words, for people in your exact situation, you can make an election for the preference to stay exactly the same as if your mother was still a Lawful Permanent Resident

Question: What exactly does that do?

Answer: It means that you do not have to wait another 5 years to get your Green Card. Let’s pretend that your mother is still a Lawful Permanent Resident. If the priority date is current now, you can apply right now for Lawful Permanent Residency without waiting another 5 years. You will be able to be joined with your family years earlier.

Question: My friend is in the same situation, but she got into the U.S. and her kids did not. Can her children avail of this section?

Answer: Most probably not. Once there has either been a final Adjustment of Status or issuance of Lawful Permanent Residency, the law seems to indicate that derivative beneficiaries (i.e. the children) are no longer eligible. However, if it is still pending, then the law can be taken advantage of.

Question: It seems as though this law just came out. My mother filed the petition for me many years ago. Can I still take benefit of this new law?

Answer: The answer is yes. The law allows you to take advantage of this law if the petition for your family preference was filed, but a visa has not yet been issued, or you have not yet adjusted your status. Also, the petition for the family preference can be pending as of now either with the Department of State or the Department of Justice. It is a very nice law for people especially from the Philippines. Therefore, anyone who has been waiting years for this petition to become current, only to learn that they must wait many more years after becoming a U.S. Citizen, should take advantage of this law right away.

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Title: ESSENTIAL WORKERS HELP OUR ECONOMY Part II

Posted on August 12, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: What are Essential Workers?

Answer: “Essential Workers” are the unskilled and semi-skilled workers employed in all sectors of our economy. Essential workers include restaurant workers, retail clerks, construction trades people, manufacturing line workers, hotel service workers, food production workers, landscape workers, and health care aids. It includes a multitude of other types of professions. These individuals often work in the jobs that many Americans do not choose, but which are “essential” to keep our economy and our country growing.

Question: Are there not enough U.S. workers for these jobs?

Answer: The demographics say no. By 2010, total civilian employment is projected to be 167.8 million, but the total civilian labor force is expected to be 158 million, more than nine million more jobs than people.

New jobs will increase dramatically by 2010, boosting the demand for Essential Workers. Bureau of Labor Statistics (BLS) projections indicate that the U.S. will create 22 million new jobs by 2010. During this period, the service-producing sector alone is expected to create over 12 million new positions. Along with this growth, 57% of all job openings will be for “Essential Worker positions” and will only require moderate or short term on the job training.

Unskilled and semi-skilled occupations have the highest projected growth rate. The Department of Labor ranked the top 30 occupations with the largest projected job growth from 2001-2010. Of the occupations listed, 16 require unskilled or semi skilled laborers.

The U.S. is not producing enough new workers. More than 60 million current employees will likely retire over the next 30 years. After 2011, the year in which the first of the Baby Boomers turns 65, their retirement rates will reach proportions so huge that, barring unforeseen increases in immigration and/or participation rates among the elderly, there will be a reduction in the total size of the nation’s workforce.

Employers are doing the “right” things. Essential Worker employers have led the way in welfare-to-work, school-to-work and other initiatives that have been successful in reducing welfare rolls and getting graduates jobs, but these efforts still are insufficient. Employers are raising wages, offering improved benefits, signing bonuses and relocation pay.

Question: Isn’t there already a visa category for essential workers that these employers can use?

Answer: Yes and No. The H-2B temporary visa program is useful only for employers who can establish that their need for foreign workers is temporary (seasonal, a one-time occurrence, or a peak load or intermittent need). If the employer’s need is year-round or does not fall into one of the definitions used by the Department of Labor or Immigration Service, the employer cannot use the H-2B classification to fill labor needs. A nonimmigrant visa category does not exist for employers who need workers for more than one year or for employers who have permanent or long-term jobs, for example in the health care, retail, hospitality and other industries. Even for employers with truly temporary needs, the H-2B category backlogged and fraught with bureaucratic red tape that makes it extremely time-consuming and difficult to use. The permanent immigrant category for non-professionals in occupations that require less than two years’ experience is virtually useless; only 5,000 visas are available annually, and the backlog of waiting cases is over ten years long. As a result, employers often are forced to send their work overseas, cut back, or close their doors.

Question: With concerns about national security, is now the time to look at a temporary worker program?

Answer: Yes. A temporary worker program would help control immigration by legalizing the flow of people seeking to enter and leave this country. It would help satisfy the U.S. demand for workers and provide a legal and safe mechanism for workers to enter and leave the U.S.

Question: What needs to be done to be able to increase the number of immigration workers for these types of petitions?

Answer: U.S.-Mexico should resume immigration talks. Just prior to the September 11th attacks, President Fox and President Bush had just begun discussing a migration plan for comprehensive immigration reform between the U.S. and Mexico. Now, a year later, it is time for “los dos amigos” to renew their commitments to one another and resume their discussions on immigration initiatives that will benefit both our countries such as: an earned legalization program; an expanded permanent visa program; an enhanced temporary visa program; border control cooperation and economic development in Mexican immigrant sending regions.

The immigration reform proposal mirrors the recommendations by a bi-national working group from the Carnegie Endowment for International Peace and the Autonomous Technological Institute of Mexico (ITAM) that call for both countries to reach a “grand bargain” that included various legalization measures for undocumented Mexicans in the United States, expanding the legal work visas available to migrants, equalizing the treatment of Mexican citizens under NAFTA immigration provisions, cracking down on immigrant smugglers and preventing dangerous border crossings.

Congress needs to update our immigration laws and policies to reflect the needs of our economy. The United States needs a regulated, workable immigration system that allows foreign nationals to work here when there is evidence of a shortage of available U.S. workers, and that allows those individuals already here and working to obtain legal status. Our laws also should allow those individuals to obtain green cards immediately when there is a permanent job.

Essential Worker Immigration Coalition (EWIC). A coalition of employer associations from sectors of the economy that rely heavily on essential workers, including hospitality, retail, restaurants, construction, recreation, transportation and others (including AILA), has been formed in Washington to work toward a broad solution to the essential worker issue. The agenda of this coalition includes reforming the current temporary visa category (H-2B), creating a new and longer-term nonimmigrant visa for essential workers (similar to H-1B), increasing the available green cards for essential workers and providing for earned adjustment for essential workers already in the U.S.

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Immigration Article: Can I still Change my Status?

Posted on August 4, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that the immigration laws now only allow me to come into the U.S. on a Visitor Visa for only 30 days. I was planning to go to the U.S. to visit, and then later, if I found a good job offer, to change my status to some type of working status. Additionally, if I later decided, I was going to change my status to that of a student. Can I still do this?

Answer: It appears that it will be much more difficult to change your status in this type of situation. Normally, when visitors came to the U.S. under the B1/B2 Visa, they had six months. At some later point after entering, they would be able to change their status. Please note that some rumors have been spreading that there is no more change of status applications being accepted. This is simply not true. Rather, it is the effect of applying for a change of status once you enter the U.S. that is the problem.

Question: Can you elaborate on what exactly is the problem?

Answer: Actually, when you come in on a Visitor Visa, you are supposed to be doing exactly that. VISITING! That means going to Disneyland, visiting relatives, and having a good time. It does not mean going to school, getting a job or applying for the Green Card. If you come to the U.S. and within 30 days apply for a change of status to some other type of status such as student or worker, the INS may not believe that you intended to ever really visit the U.S. They may assume that you used the Visitor Visa as a means to get into the U.S. so that you could do what you really wanted to do (such as work or go to school.)

Question: What if I come to the U.S. on a Visitor Visa and then marry my girlfriend in order to get the Green Card?

Answer: Again, the INS would look at this as fraud. In fact, if you get married within less than 60 days after entry to the U.S. on the Visitor Visa, you are presumed to have committed fraud. Not only will the application for Lawful Permanent Residency be denied, you could very well get deported because of the fraud.

Question: What are the consequences of doing the change of status right after entering the U.S.?

Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Title: Will I qualify for a work permit?

Posted on July 31, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

Question: Do I have to leave the U.S. to get the visa?

Answer: Yes, you would have to leave the U.S. to get the visa. However, should you want to stay in the U.S., you can get a change of status from B2 (Visitor), to H-1B (Specialty Occupation Work Visa) Then, you would not have to leave the United States in order to start working for the company. However, if you did leave the United States, you would have to get the Visa in order to return to the United States. It is always possible to get the Visa approved at INS, but to get it denied at the Consulate. You would want to take this into consideration if you decided to leave after successfully getting your status changed to H-1B.

Question: How long does it take to get the answer from INS on whether they will approve the H-1B Petition?

Answer: Now it is taking from 6 to 9 months depending where you live. Should you want it much faster than that, you can put it through INS via Premium Processing. This is exactly what it implies. It goes to the top of the stack and is processed by INS within 15 days of receipt. All you need to do is pay INS $1,000.00 for them to process it as a Premium Process case. If they do not get the answer back to you within 15 days, then you get your $1,000.00 back.

Thus, the H-1B is a very good visa for someone with a college education to have. If you can get a sponsor related to your college degree, then you can see if the H-1B can be done. Usually, it is issued initially for 3 years and can be extended for another 3 years. In cases whereby the person has applied for Labor Certification and has waited for a considerable period of time, they can now apply for an even further extension of the H-1B. It is one of the nicest and most popular work visas available.

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Immigration Article: Special Registration. What is it?

Posted on July 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there is some kind of law out that requires some people from certain countries to register with the INS. Who does this affect and what does it mean?

 Answer: You are correct. There is a new procedure referred to as Special Registration. The deadline, if you are a national of one of the designated countries is January 10, 2003. This Notice requires certain nonimmigrant aliens to appear before, register with, and provide requested information to the Immigration and Naturalization Service on or before January 10, 2003. It applies to certain nonimmigrant aliens from one of the countries designated in this Notice who was last admitted to the United States on or before September 30, 2002, and who will remain in the United States until at least January 10, 2003.

 The countries originally specified were Iran, Iraq, Libya, North Korea, Sudan, and Syria. Just recently, the following countries were added to this list of seven. Pakistan, Saudi Arabia, and Yemen who are males between the ages of 16 and 45. Finally, the following 13 countries have been added: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen.

Question: What if one of my friends is a Lawful Permanent Resident or U.S. Citizen from one of those countries? Must he also register?

Answer: No. This is only meant for persons who are on temporary visas in the U.S.

Question: What exactly must be done if a person is from one of the above listed countries to comply with the special registration requirement?

Answer: Registrants must register at the designated INS district office 30 days after they enter the United States and re-register annually. Of course, if they have not yet registered, they must go the INS district office before January 10, 2003. If a registered foreign national leaves the United States for either business or pleasure, he or she must notify the INS of all plans for departure, and depart through one of eighteen pre-approved airports or one of fifty approved land or seaports. This means that they cannot simply leave the U.S. without notifying the INS. Failure to notify the INS of a departure could render a foreign national inadmissible upon return to the United States. These people will be fingerprinted, questioned and photographed.

 They must re-register within 10 days of each anniversary. A willful failure to comply with these requirements renders the person deportable from the United States.

Question: When do all these provisions go into effect and does it take some rights away from these people?

Answer: Immediately. As we can see, the U.S. government is becoming more of a ‘big brother’ type government. As with anyone, I would do anything to prevent another terrorist attack. However, I do believe that some constitutional rights are going to be infringed on these people whom have nothing to do with terrorism. The scary part is when these registration requirements spill over onto the general population. We must fight for our constitutional rights and be careful of a government that takes liberties and rights away in the name of national security.

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Immigration Article: Homeland Security Passes (Part I)

Posted on July 28, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that the Homeland Security Bill has passed the House and the Senate. I am confused on know this will effect several people whom I know are in the immigration process. Could you give me some background on what exactly this bill does?

 Answer: First, and foremost, this bill referred to as the “The Homeland Security Act of 2002” creates a new department within the United States Government. The main purpose of this department is to prevent terrorism and to make the United States safer. The bill is enormous. It is over 400 pages and deals with a huge variety of issues. Of course, my response will mainly focus on the immigration issues.

The Immigration and Naturalization Service will cease to exist in its present capacity. If fact, the Homeland Security Bill abolishes the INS. There are two major functions currently in the INS. One is the enforcement division which is concerned with deportation/removal and enforcement of the immigration laws. This part of INS is going to be transferred to what is known as Bureau of Border Security under the Department of Homeland Security. The duties of issuing visas will now be transferred to the Under Secretary for Border and Transportation Security in tandem with the Secretary of State. The issuance of Visas will be headed by the Secretary of Homeland Security.

Question: Are there any other new departments? Specifically, who will rule on applications sent to INS?

 Answer: Section 451 of the Bill creates the establishment of Bureau of Citizenship and Immigration Services. This sub-department will perform the following functions: 1) Adjudications of immigrant visa petitions; 2) Adjudications of naturalization petitions; 3) Adjudications of asylum and refugee applications; 4) Adjudications performed at service centers; and 5) All other adjudications performed by the Immigration and Naturalization Service.

Question: When do all these provisions go into effect?

 Answer: Again, the INS would look at this as fraud. In fact, if you get married within less than 60 days after entry to the U.S. on the Visitor Visa, you are presumed to have committed fraud. Not only will the application for Lawful Permanent Residency be denied, you could very well get deported because of the fraud.

Question: What are the consequences of doing the change of status right after entering the U.S.?

 Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Immigration Article: To Extend or Not to Extend?

Posted on July 27, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States on a Visitor Visa. I have been here for about 4 months and my status will expire in another two months. Can I simply extend my status without going back to my home country?

 Answer: Prior to September 11, 2001, it would not have been a problem. These types of extensions were quite easy and were usually approved without any problems. However, after September 11, 2001, new regulations have come out regarding the B1/B2 Visitor Visa. These regulations first were issued to make it clear that persons entering the United States do not automatically get a Visitor Visa for six months. Rather, they could get the Visitor Visa for only a month, or the time required for the stay in the United States. Thus, you might have been able to get a Visitor Visa at the U.S. Embassy or Consulate for six months, but when you entered the United States, the Immigration and Naturalization Service might have only given you a lawful stay of 30 days.

This has had the effect of decreasing the number of people who visit the United States. Realistically, when you are traveling from around the world or some distant country, it was not worth the risk for people to stay only a month (especially if this was a once or twice in lifetime type of vacation.) Also, the uncertainty of being issued a Visitor Visa at the Consulate for a certain period of time, only to have it reduced significantly at the border did not bode well with travelers.

 Now, the Immigration and the Naturalization Service has denied many extensions for Visitor Visas. Additionally, many of the ones that have been granted have been granted for only 15 to 45 days. While some extensions are being granted, a large number of extensions are getting what is known as a Request for Evidence. This is a document whereby the Immigration and Naturalization Service does not yet deny the extension, but rather, asks for more information before making a decision. Some Requests for Evidence are intensive consisting of many pages. In some cases, by time you get the response to the Request for Evidence, either the extension is denied, or it was approved for a very small time which has already passed.

 Question: What happens if the denial comes, or if your status is extended, but by time you get the approval notice, the approval date has already passed?

Answer: You will most likely be out of status. If this occurs, then you will not be able to change your status or adjust your status in the United States. You will have to leave the United States and go back to your home country in order to reapply for the Visitor Visa. Once they see that you have been out of status, it will be very difficult to get the Visitor Visa. Additionally, the Consulate or Embassy officers will see that you have just come back from the United States and may not believe you are intending on returning to your home country. Finally, depending on how long it has been since you were out of status, you might be barred from coming back into the United States for the next 10 years.

Question: Is there any other way to remain in the United States without having to go back to my home country?

Answer: Yes. Rather than an extension of your status, you would apply for a change of status to some other type of status. You can obtain a Student change of status. This will allow you after it is approved to go to a designated school. Alternatively, there are a myriad of different types of work visas to allow you to work legally and remain in the country. At this point, I would not recommend doing the extension of the Visitor Visa. Rather, I would recommend that you change your status to some other type of status such as student, exchange or work status.

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How can I leave the U.S. with an expiring Green Card?

Posted on July 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that most things are taking longer at the United States Citizenship and Immigration Services. My problem is that I must renew my Green Card as it is expiring. However, my father is gravely ill and I want to visit him before he dies. What can I do?

Answer: First, if you leave the U.S. without having a valid Green Card, you will not be able to return to the U.S. and you will have very significant problems. You are correct that in that many applications at USCIS are taking longer. Just recently, U.S. Citizenship and Immigration Services (USCIS) announced the launch of the I-90 pilot project in Los Angeles that will reduce the wait time to replace or renew a permanent resident card or green card from a year to less than a week. The pilot project takes advantage of electronic filing of applications on the USCIS website offering persons such as yourself a convenient and simple-to-use alternative to mailing in applications for benefits.

“This pilot allows us to dramatically reduce the time it takes to process an application for renewal or replacement of a green card,” said Jane Arellano, Los Angeles District Director. “All it takes, once the applicant has filed electronically, is a visit to one of our Application Support Centers. Applicants get a new green card in less than a week, in most cases.” Customers wanting to take advantage of the new I-90 pilot can go to http://www.uscis.gov and file by using the E-Filing feature. The receipt that’s produced by that transaction shows a toll-free number that applicants can call to make an appointment at the USCIS Application Support Center (ASC) that is closest to them. During the visit, the ASC will order a permanent resident card for customers to receive in under a week. The current wait time for green cards to be produced by the USCIS California Service Center is just under one year. Customers who wish to speed up the process of an already-filed I-90 application can elect to re-file electronically, and participate in this new pilot program. Second-time filers will pay a second fee. “We are offering our customers a quicker and more convenient way of doing business,” said Jane Arellano, Los Angeles District Director. “This new pilot will allow us to offer the kind of service that our customers need and deserve.”

The I-90 pilot project in Los Angeles is one of several USCIS Internet-based customer service initiatives.

In March, USCIS also launched InfoPass in Los Angeles. This customer friendly initiative allows customers to go online instead of waiting in long lines at the Los Angeles District Office to make an appointment with an information officer. Before InfoPass, customers would start lining up at the USCIS office in Los Angeles early in the morning; some customers would wait all day. InfoPass means the end of long lines and has the potential to eliminate lines completely. InfoPass began in Miami and was also recently implemented in Dallas. USCIS plans to expand InfoPass in Arlington, VA, New York City, and Detroit.

Thus, in the computer age, CIS is finally taking advantage of the technology. Therefore, if there are no other issues in your case and you happen to live in the Los Angeles area, you can use this service. If it works, it is likely to spread over the entire U.S. as time passes. The same is true of InfoPass.

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I can file online!

Posted on July 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that in the past the USCIS has accepted work permit applications online and that this program has been very effective. Why do they not accept more types of forms online?

Answer: Actually, USCIS expanded their e-filing service online as of May 26, 2004. Now, the U.S. Citizenship and Immigration Services (USCIS) include six new forms for customers to apply for immigration benefits online to expand its E-Filing program.

Initially, when the Internet-based customer service initiative began last year (May 2003), it allowed customers to file for two of the most frequently used applications online: Application to Replace a Permanent Resident Card (Form I-90) and Application for Employment Authorization (Form I-765).

With the addition of the six new forms online, E-Filing now supports eight forms that account for more than 50% of the total volume of benefits applications USCIS receives annually. Since the establishment of E-Filing, more than 115,000 customers have chosen to apply online for immigration benefits.

Question: Can you let me know which new forms are now accepted online?

Answer: Form I-90, Application to Replace a Permanent Resident Card; Form I-765, Application for Employment; Form I-129, Petition for a Non-immigrant Worker; Form I-131, Application for Travel Document; Form I-140, Immigrant Petition for Alien Worker; Form I-539, Application to Extend/Change Non-immigrant Status; Form I-821, Application for Temporary Protected Status; Form I-907 and Request for Premium Processing Service Why Use E-Filing.

Question: Is E-filing difficult to do?

Answer: E-Filing is quick, easy and convenient because it allows you to complete and submit applications at any time, from any computer with Internet access. After filing online, you will receive instant electronic confirmation that your applications were received. You can then schedule an appointment, if necessary, to visit an Application Support Center at a convenient time – by calling the National Customer Service Center. You can schedule the appointment for the collection of a digital photograph, signature, and fingerprints. You would pay fees online with a credit or debit card or through the electronic transfer of U.S. funds from your checking or savings account. You do not need to obtain a money order or a cashier’s check.

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