USCIS Launches New Online Tool to Schedule In-Person Appointments

USCIS has created an important new tool that should make it easier to schedule in-person appointments for certain immigration benefits.

Over the years, USCIS has tried different methods of scheduling in-person appointments. Prior to 2019, USCIS used a system called InfoPass, which allowed attorneys and individuals to schedule in-person appointments for urgent or emergent matters. Beginning in September 2019, USCIS did away with InfoPass and instead required a person to call USCIS customer service and speak to several levels of representatives before a decision was made as to whether an appointment would be scheduled. This process has proven to be time-consuming, and it has made it difficult for individuals to have urgent needs addressed.

This all changed in August 2023, when USCIS introduced its new My Appointment online scheduling tool. Using this tool, individuals and attorneys are able to schedule appointments at USCIS Field Offices for ADIT Stamps serving as temporary evidence of lawful permanent residence status, emergency Advance Parole travel authorization, Immigration Judge Grants, and more.

USCIS will review online forms and schedule appointments with USCIS Field Offices as schedules permit. USCIS anticipates that this will streamline the process of scheduling important in-person appointment. While applicants may request specific appointment dates, USCIS does not guarantee that the requested appointment date will be scheduled.

You can find the new USCIS My Appointment tool at https://my.uscis.gov/en/appointment/v2

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo credit: Agus Dietrich

USCIS Ends Deadline Flexibilities

USCIS has officially ended its policy allowing additional time to respond to certain requests which began in March 2020 and was extended until March 23, 2023. This means that applicants will now once again be expected to adhere to the deadlines listed on all USCIS notices. This includes notices for which USCIS’ Covid policies allowed for additional flexibility, such as:

  • 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.

Fortunately, one Covid-era policy change has been made permanent: USCIS will continue to allow forms to be submitted with copies of original handwritten signatures.

For more information, see the official USCIS Announcement.

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Vance Berry, Principal Attorney

Photo Credit: Jan Vasek

Can an Athlete Come to the U.S. as a Coach?

Once their playing days are over, many athletes choose to share their knowledge of the sport as coaches. This is a longstanding tradition that plays an important role in the development of young athletes around the world.

UPDATED GUIDANCE

O-1 visas are available to individuals who have extraordinary abilities in the sciences, arts, business, education, or athletics coming to the U.S. to work in their area of extraordinary ability. Historically, U.S. policy has been unclear on whether an athlete would be eligible to come to the U.S. on an O-1 visa to take a job as a coach in their area of expertise.

This year, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to clarify that an “acclaimed athlete coming to be a coach” is permitted to enter the U.S. in O-1 status to work in their “area of extraordinary ability” provided the other requirements of O-1 status are met.

WHAT IS THE AREA OF EXTRAORDINARY ABILITY?

USCIS interprets the phrase “area of extraordinary ability” broadly for O-1 visa purposes. Under this interpretation, the area of extraordinary ability includes not only the specific occupation in which the athlete has shown extraordinary ability, but also other occupations that involve shared skillsets, knowledge, or expertise.

The immigration statutes and regulations do not include a definition of the phrase “area of extraordinary ability.” When determining whether a coach is coming to work in their area of extraordinary ability, USCIS focuses on whether the planned work or services involve skillsets, knowledge, or expertise shared with the occupation(s) in which the athlete has garnered acclaim.

In determining whether occupations involve shared skillsets, knowledge, or expertise to an extent that they may be considered within the same area of extraordinary ability, officers evaluate the totality of information and evidence presented. Relevant factors include, but are not limited to:

  • Whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise;

  • Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise; and

  • Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge.

NEXT STEPS

Every person’s immigration options will be different, and there may be options available beyond those outlined above based on an individual’s unique background. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that athletes schedule a consultation with an immigration attorney who focuses on athletes before applying for a visa or travelling to the United States. The information provided here is only intended as general information and is not a substitute for legal advice.

I have spent years helping athletes and others achieve their dreams in the United States, and I would be delighted to help you as you plan the next step in your career. To contact me directly, please fill out the form here.

Vance Berry, Principal Attorney

Photo credit: Braden Collum

Update on Travel Restrictions due to Covid-19

Since the Covid-19 pandemic began impacting global travel, clients have asked how these changes will impact their plans to travel to the United States. While these restrictions impact broad swaths of the world, the situation remains fluid, with frequent changes to the restrictions, as well as the countries covered.

As of today, inbound travel to the United States is restricted by presidential proclamation for people physically present in the following countries:

  • Austria

  • Belgium

  • Brazil

  • China

  • Czech Republic

  • Denmark

  • Estonia

  • Finland

  • France

  • Germany

  • Greece

  • Hungary

  • Iceland

  • Italy

  • Iran

  • Latvia

  • Liechtenstein

  • Lithuania

  • Luxembourg

  • Malta

  • Netherlands

  • Norway

  • Poland

  • Portugal

  • Republic of Ireland

  • Slovakia

  • Slovenia

  • Spain

  • Sweden

  • Switzerland

  • Monaco

  • San Marino

  • United Kingdom

  • Vatican City

The proclamations restricting travel from these countries do not apply to U.S. citizens, or to any non- U.S. citizen who is:

  • a lawful permanent resident of the United States

  • a spouse of a U.S. citizen or lawful permanent resident

  • a parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

  • a sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

  • a child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

  • an alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

  • C (transit) or D (air or sea crewmember) nonimmigrants

  • seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;

  • an alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee;

  • an alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees based on a recommendation of the Attorney General or his designee; or

  • an alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

  • a member of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

The following links provide detailed guidance on the terms of the travel restrictions for people travelling from each of the countries listed above:

In addition to these travel restrictions, the land borders to Canada and Mexico remain closed to non-essential travel. The order was also amended this week to extend the ban on non-essential travel to include coastal ports of entry. For more information, see https://www.govinfo.gov/content/pkg/FR-2020-05-26/pdf/2020-11179.pdf (PDF pages 2-7).

In addition to these restrictions on inbound U.S. travel, there also remain substantial restrictions on travel from the United States to other countries. Clients are also reporting that many scheduled international flights are being cancelled, making travel difficult or impossible. While it is possible that these legal and practical restrictions will ease over the coming weeks and months, it remains unclear when international travel may return to something resembling business-as-usual.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend scheduling a consultation with an experienced immigration attorney if you have questions about your situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Tobias Rehbein (Pixabay)