Policy Updates

As DHS expands its screening and vetting missions, Vietnamese applicants may experience more rigorous verification of their local criminal records, potentially leading to minor delays in visa issuance.

Vietnamese nationals applying for EB-1A will see an increase in the cost of Form I-907. This affects those who require fast approval for career transitions or visa status maintenance.

The clarification ensures that Vietnamese applicants have a standardized list of acceptable evidence. This helps in preparing high-quality petitions that are less likely to be challenged by USCIS adjudicators on the basis of evidentiary insufficiency.

Vietnamese applicants will see a shift toward more detailed inspections of their extraordinary ability evidence. This may lead to longer processing times even in the absence of significant visa backlogs.

The fee increase affects all I-140 filings, including those from Vietnam. Because EB-1A priority dates for Vietnam are generally current, the change does not interact with long-term backlog issues.

Vietnamese EB-1A applicants and their sponsors will be affected by the court order staying the 2024 fee increases. The stay specifically impacts the Asylum Program Fee, which was a major component of the 2024 fee hike for employment-based petitions.

The transition to electronic payments will provide Vietnamese applicants with more immediate confirmation of filing. This is particularly helpful for applicants monitoring their priority dates in a category that occasionally sees fluctuations.

As USCIS implements law enforcement-level vetting, Vietnamese EB-1A candidates may face delays as agents verify the legitimacy of foreign-sourced evidence. This adds a significant administrative burden to the petition process.

Vietnamese applicants will experience fewer rejections related to payment formatting, which helps in maintaining a smooth transition through the I-140 adjudication phase.

Vietnamese applicants are subject to rigorous standards of evidence. The enforcement of fraud penalties serves as a deterrent against the submission of fraudulent letters of recommendation or fabricated media coverage often seen in high-competition visa categories.

Vietnamese applicants may face closer inspection of their professional history and any state-sponsored associations to ensure they do not harbor sentiments deemed 'Anti-American' by the adjudicating officer.

This update ensures that Vietnamese EB-1A applicants can secure their children's status earlier in the process. It mitigates the risk of aging out during the period between filing an I-485 and the visa actually becoming available under the Final Action Date.

Vietnamese athletes seeking permanent residency via the EB-1A route must now navigate the updated USCIS memo. The impact is primarily administrative, requiring more precise legal arguments regarding how gender-specific achievements demonstrate sustained national or international acclaim.

Vietnamese nationals applying for the EB-1A visa will be subject to the new USCIS fee structure. This change represents a standard increase in the cost of high-skilled immigration services without additional country-specific delays.

The guidance standardizes how USCIS officers must handle derogatory information, providing Vietnamese applicants with a clearer path to address potential issues. This reduces the risk of unexpected denials in the highly subjective EB-1A category.

Vietnamese applicants in the EB-1A category will no longer need to worry about the two-year expiration of their medical exams. This provides peace of mind during the adjustment of status process, especially if USCIS processing times fluctuate.

Vietnamese applicants currently in the U.S. will find the medical examination requirement less rigorous. This waiver ensures that COVID-19 vaccination status is no longer a factor in determining admissibility during the adjustment phase.

The update changes where Vietnamese EB-1A petitions are mailed. Because Vietnam typically falls under the 'Rest of World' category for EB-1, the primary concern is avoiding administrative rejection rather than backlog management.

Vietnamese EB-1A applicants will experience a standard one-day delay if they had appointments scheduled. This does not affect the underlying priority date or visa availability for this country.

Visa Bulletin Advancement: EB-1 Rest of World (2023-10)

The Department of State advanced the EB-1 Final Action Date for Rest of World chargeability to Current in the 2023-10 bulletin. Applicants in this category can now file or have their cases adjudicated without priority date restrictions.