The Immigration Service has decided to gradually expand the scope of expedited procedures to resolve backlogged cases. This is good news for applicants who have been waiting for results for a long time. Related matters have been summarized.
– The scope of express procedures has been expanded.
Expedited procedures will also be available for expatriate permanent residence (EB-1C) and national interest exemption (NIW) applications in fiscal year 2022. In other words, the immigration petition (I-140) can be expedited. Expatriates often apply for permanent residency right before returning to Korea. Because they want their children to continue their studies in the United States. This expedited procedure is of great help to expatriates. In addition, the National Interest Waiver (NIW) application for master’s and doctoral degree holders can expedite the expedited procedure. Many people these days apply for NIW. This is because it is possible to apply for permanent residence without a company sponsor. Even in Korea, there is a lot of interest in NIW so that their children can study in the United States. Most want to get a green card before their children go to college. You can file an immigration petition (I-140) within 45 days by paying an expedited fee of 2,500 to the Immigration Service.
– Is the examination easier if you go through the expedited procedure?
Using express does not increase the approval rate.
-The express service is said to be possible even for identity changes and labor card procedures.
It is expected that expedited procedures will be possible even when switching to student status (F&M) or exchange training status (J) within this year. In the meantime, it took more than a year for the procedure to change to student status, which greatly hindered my studies. For an additional $1,750 expedited fee, a decision is made within 30 days. In addition, expedited procedures will also be available for the probationary period (OPT) after graduation and when the spouse (J-2) with the exchange training status applies for a labor card. In this case, the express fee is $1,500 and is decided within 30 days. In this way, you can prevent the case where you find a job but must give up the job because your labor card is late.
– Is express service possible for other procedures?
In the future, expedited procedures will be possible even when the spouses applying for E, H, L, O, P, or R apply for status change or extension. An additional express fee of $1,750 is charged and a decision is made within 30 days. It also states that expedited services are also available when these spouses apply for a labor card, and if they pay $1,500, they will be processed within 30 days.
– Is the express procedure not applicable to investment immigration (EB-5)?
There is no discussion of express services in the investment immigration process, disappointing applicants. However, after May 15, you can apply for adjustment of status (I-485) during the examination of the investment immigration petition (I-526). Therefore, you can get your Labor Card (EAD) and travel permit before obtaining permanent residency. Although they do not have permanent residency, they can work legally in the United States and travel to Korea if necessary. However, there is no change in the case of applying for investment immigration in Korea. As before, the petition must be approved to obtain an immigrant visa at the US embassy. Therefore, you may consider applying for an investment immigration in the United States after getting a visa first.
-If the express procedure is expanded, will the general procedure be delayed?
The Immigration Service says that even if the scope of the express procedure is expanded, the general procedure will not be delayed any further. But it remains to be seen. You can apply for express service even in the middle of the procedure. Therefore, you can apply through the general procedure first and then switch to the express procedure while observing the situation.