On May 1, 2023, the White House announced that the COVID-19 vaccine requirements for international, non-citizen air travelers coming to the United States will be lifted at the end of the day on May 11, 2023. The White House went on to state that Department of Homeland Security will be beginning t...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act. The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations. In addition, we cite to precedent decisions by the Board of Immigration Appeals and the Administrative Appeals Office. Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
Using a Blanket Petition for Transferring Intracompany Transferees
Obtaining a Blanket Approval as a Petitioning Employer Multinational corporate petitioners can, in some instances, seek to obtain a Blanket Approval for L-1 intracompany transferees. The purpose of a Blanket Approval is to establish and document the required intracompany relationships between th...
ALERT - H-1B Initial Electronic Registration Selection Process Completed
On March 27, 2023 USCIS announced that it has received enough electronic registrations during the initial registration period to reach the FY2024 H-1B cap and master's cap. A random selection was made and all successful registrants have now been notified of selection. Those who entered registra...
How to File Electronically with USCIS
USCIS has been expanding its online filing for certain forms. There are many benefits to filing online, such as immediately receiving copies of notices and confirmed delivery to USCIS upon payment of fees. A step-by-step guide on how to use the USCIS Online Account system is below. Forms can be...
ALERT – USCIS Expands Premium Processing to Certain OPT and STEM OPT Extensions
USCIS announced that it is expanding its Premium Processing option to include certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions. Applications using Premium Processing will have action taken on the case within 30 calendar days. The filing fee for OPT and STEM O...
Stateside visa stamping announced for this year
Bloomberg is now reporting that by the end of this year the State Department will implement a program allowing visa renewal within the U.S. for non-immigrants seeking H or L visa stamping, including first time applicants. Because a valid visa stamping is required to enter into the U.S., the move...
What is Temporary Protected Status (TPS)?
TPS is a temporary status provided to nationals of specific countries designated by the Secretary of Homeland Security when ongoing circumstances in the designated country prevent its nationals from safely returning home or where the country is unable to adequately handle the return of its nation...
2023 H-1B Cap Registration
Written by Adam Kneeland The start of a new year means the start of a new H-1B cap lottery season and the time to begin preparations for this year's H-1B cap lottery registration. But what exactly is the H-1B cap lottery, when does it happen, and how can you register employees? The registrati...
Travel With Advance Parole and a Pending Adjustment of Status
Advance Parole is a travel document issued by USCIS which authorizes applicants with a pending Form I-485, Application to Register Permanent Residence or Adjust Status to lawfully return to the United States after international travel. A pending I-485 will be considered abandoned if you leave ...
Immigration Options After Termination of Employment
You may be wondering what options are available to you if you are in nonimmigrant status in the United States and your employment has recently terminated either voluntarily or involuntarily. Under 8 CFR 214.1(l)(2), workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications receive...
TN Management Consultants
Qualifications TN applicants may qualify for this position by: • Holding a Baccalaureate or Licenciatura degree;• Having five (5) years of experience in the field of management consulting, or;• Having five (5) years of experience in a field of specialty related to the consultant agreement. Jo...
Extension of Temporary Waiver of “60-Day Rule” for Report of Medical Examination and Vaccination Record (Form I-693)
All Adjustment of Status applicants are required to submit a completed I-693, Report of Medical Examination and Vaccination Record signed by a USCIS-designated civil surgeon. Generally, the I-693 cannot be signed more than 60 days before the applicant files the I-485 Application to Register Perma...
ALERT: USCIS to Automatically Extend Green Card Validity for Naturalization Applicants
USCIS announced on December 9, 2022 that it will begin automatically extending the validity period of green cards when the green card holder has a pending Form N-400, Application for Naturalization. This policy update will eliminate the need for applicant's to file a Form I-90 if their green ca...
TN Case Study: Scientific Technician/Technologist vs. Computer Systems Analyst
TN applicants that will be working with computer software and/or hardware may find themselves wondering which category is the best fit for their job duties. We often see clients considering the Scientific Technician/Technologist or Computer Systems Analyst category. Below is a brief summary of...
New Venezuelan Parole Program
On October 19, 2022, USCIS announced a new parole program for Venezuelans outside of the United States.
Opening a New Company in the U.S.
If you are thinking of opening a new company in the US as a non-US resident or citizen, you may feel overwhelmed with the options available. A brief summary of L-1 intracompany transferee and E-1/E-2 treaty trader and investors options is below. _______________________________ L-1 – Intracompan...
USCIS Permanently Adopts Reproduced Signatures
On July 25, 2022, USCIS announced that it was permanently adopting reproduced signatures. Reproduced signatures were first accepted in 2020 as part of USCIS's COVID-19 related flexibilities. The policy allows for submission of scanned, faxed, photocopied, or similarly reproduced copies of origina...
ALERT - DHS Announces Re-Registration Process for Venezuela TPS
Department of Homeland Security announced the re-registration process for current Temporary Protected Status (TPS) holders from Venezuela on September 7, 2022. The announcement was made in the Federal Register. It allows beneficiaries of Venezuela's TPS program to re-register to extend their TPS ...
ALERT – USCIS Reaches FY2023 H-1B Cap
On August 23, 2022 USCIS announced that it has reached the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (“master's cap”) for fiscal year (FY) 2023. All applicants not selected in the cap should see their online account updated to re...
USCIS Reports Higher Number of Employment-Based Immigrant Visas in FY2022
Earlier this year USCIS reported that a high number employment-based immigrant visas available in Fiscal Year 2022 (October 1, 2021-September 30, 2022) as a result of 140,000 unused visa numbers from the FY2021 family-based immigrant visa allocation. The Department of State estimates that a total...
USCIS Policy Alert: INA 212(a)(9)(B) Policy Manual Guidance
On June 24, 2022 USCIS issued a Policy Alert regarding the statutory 3-year or 10-year periods of inadmissibility under § 212(a)(9)(B) of the Immigration and Nationality Act (INA). That section of the INA provides for a 3-year bar of admission when a foreign national voluntarily left the United S...
Changes in Work Authorization for L-2, E, and H-4 Dependents
On November 12, 2021 USCIS released a policy alert impacting work authorization for certain dependents of nonimmigrant status holders.
Changes to Automatic Employment Authorization Document (EAD) Extensions
Effective May 4, 2022, USCIS introduced a Temporary Final Rule regarding automatic extensions for certain EADs. The Temporary Final Rule provides an additional 360-day automatic EAD extension period for certain categories that already benefit from USCIS’s prior 180-day automatic EAD extension. The Temporary Final Rule is in effect through October 26, 2023.
New final rule: expansion of the 240-day rule and more
USCIS has issued a final rule, effective as of February 16, 2016, impacting the H-1B1 (specialty occupation workers from Chile and Singapore), E-3 (specialty occupation workers from Australia), and CW-1 (Northern Mariana Islands CNMI-only transitional workers) nonimmigrant categories... By Tabi...
DHS Further Restricts Visa Waiver Travel
The Visa Waiver Program permits nationals of certain low-risk countries to enter the U.S. for a period of up to 90 days as a visitor without first obtaining a visa from a U.S. Consulate abroad. The Visa Waiver Program permits nationals of certain low-risk countries to enter the U.S. for a period...