Policy Updates

The fee increase affects the financial planning of Vietnamese applicants who choose premium processing to bypass standard USCIS processing times. There is no immediate impact on visa availability for this country in the EB-1 category.

As USCIS increases vetting, Vietnamese researchers can expect longer wait times for petition adjudication. The focus will be on verifying the international recognition of their research work.

Vietnamese applicants for the EB-1B category are not currently facing retrogression. The impact is strictly financial, requiring higher budget allocations for sponsoring institutions or self-petitioners.

The court's ruling impacts the total cost of sponsorship for Vietnamese researchers. Sponsoring organizations must be aware of the specific fee tiers based on employer size and nonprofit status as defined by the contested rule.

The mandate ensures that EB-1B petitions for Vietnamese nationals are processed with fewer manual errors. This is a routine administrative update that simplifies the financial aspect of the I-140 filing.

By allowing electronic funds, USCIS reduces the risk of payment-related rejections for Vietnamese EB-1B filings. This is a general operational improvement with no impact on visa quotas.

As Vietnam increases its participation in U.S. research programs, applicants must be wary of using third-party services that might embellish credentials. USCIS enforcement will focus on the validity of employment offers and the authenticity of international awards.

As a country with a one-party system, Vietnamese EB-1B applicants from government-run research centers may be asked to clarify their ideological stances. This adds a minor procedural hurdle to the standard adjudication process.

This policy update standardizes the CSPA age calculation, providing Vietnamese families with more predictability. It reduces the risk of children aging out due to the discrepancy between filing dates and final action dates.

The fee update affects all Form I-140 petitions, including those for Vietnamese outstanding researchers. The impact is consistent with other 'Rest of World' countries where visa availability is immediate.

The clarification of procedures ensures that Vietnamese applicants are not blindsided by negative evidence found by USCIS. This procedural safeguard is particularly important for maintaining the integrity of the EB-1B process for outstanding researchers.

This policy simplifies the path to permanent residency for Vietnamese EB-1B applicants by ensuring their initial medical exam remains valid until their application is fully adjudicated, regardless of internal USCIS delays.

Vietnamese applicants in the EB-1B category will benefit from the removal of the vaccination mandate during their medical exams. This change is particularly helpful for those transitioning from academic or research positions who are currently eligible to file for Adjustment of Status.

Vietnamese researchers must comply with the new filing locations and form versions to ensure timely processing. Failure to follow these procedures could result in unnecessary administrative delays, though visa numbers remain generally available.

Vietnamese nationals currently in the U.S. adjusting status will see a one-day delay in biometrics or interview scheduling. This does not affect the underlying EB-1B petition approval process.

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.