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.

Changes to Automatic Employment Authorization Document (EAD) Extensions

Posted by Emilie Ronald | Aug 03, 2022 | 0 Comments

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. 

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New final rule: expansion of the 240-day rule and more

Posted by James Eiss | Mar 08, 2016 | 0 Comments

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...

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DHS Further Restricts Visa Waiver Travel

Posted by James Eiss | Mar 01, 2016 | 0 Comments

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...

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The 2016 H-1B Cap Season is Here

Posted by James Eiss | Feb 19, 2016 | 0 Comments

The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of the designated specialty occupations. Written by: Noelle McLaughlin The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of ...

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USCIS Publishes Proposed Rule to Implement AC21

Posted by James Eiss | Feb 16, 2016 | 0 Comments

On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final... On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final, it will, after more than 15 years, create the first se...

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Retaining Non-Expired EAD at Conclusion of AOS Interview

Posted by James Eiss | Feb 04, 2016 | 0 Comments

Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjust status. By Noelle McLaughlin Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjus...

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Visa Validity and INA 222(g)

Posted by James Eiss | Jan 26, 2016 | 0 Comments

What is a Visa What Is the Significance of Its Validity Period? By Noelle McLaughlin What is a Visa & What Is the Significance of Its Validity Period? A visa is a stamp affixed in a foreign national's passport which grants to the bearer permission to apply for admission to the United States. Fo...

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What is Port Parole?

Posted by James Eiss | Jan 18, 2016 | 0 Comments

Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Parole is a unique authority reserved to U.S. Customs and Border Protection at the port of entry. Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Pa...

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Congress Mandates Changes to Visa Waiver Program

Posted by James Eiss | Dec 24, 2015 | 0 Comments

On December 8, 2015, Congress passed H.R. 158, an Omnibus spending bill, which included an Act to amend the Visa Waiver Program (VWP). That portion of the bill is titled The Visa Waiver Program Improvement Act of 2015. The impetus for the changes, which restrict usage of the VWP, was the November...

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Can I Port From a Status Other than H-1B?

Posted by James Eiss | Dec 23, 2015 | 0 Comments

The American Competitiveness In the Twenty-First Century Act, or AC21, section 105(a), created an important benefit for H-1B nonimmigrants known as H-1B portability. (This is not to be confused with the permanent portability provision, also created by AC21). The American Competitiveness In the ...

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What Is a Management Consultant, really?

Posted by James Eiss | Nov 18, 2015 | 0 Comments

The North American Free Trade Agreement (NAFTA), Appendix 1603.d.1, contains a list of professions, the members of which may enter the U.S. to work... The North American Free Trade Agreement (“NAFTA”), Appendix 1603.d.1, contains a list of professions, the members of which may enter the U.S. to ...

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Permanent Portability Under AC21

Posted by James Eiss | Oct 14, 2015 | 0 Comments

The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides permanent portability for long delayed applicants for adjustment of status. The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides “permanent portability” for lo...

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Diversity Visa Lottery Program is Open for FY2017 Filings

Posted by James Eiss | Oct 06, 2015 | 0 Comments

The Diversity Visa Lottery Program opened for filing on October 1, 2015. Those who are eligible to file may do so from any time from now until November 3, 2015. The Diversity Visa Lottery Program opened for filing on October 1, 2015. Those who are eligible to file may do so from any time from no...

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U.S. Department of State Issues Revised Visa Bulletin

Posted by James Eiss | Sep 29, 2015 | 0 Comments

On September 10, 2015, we reported that the Department of State (DOS) issued a new Visa Bulletin format for October 2015, with two separate cut-off dates one relevant to when an I-485 application may be filed and the other controlling the date on which DOS or USCIS could approve an immigrant visa...

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What is Automatic Visa Revalidation?

Posted by James Eiss | Sep 22, 2015 | 0 Comments

Most foreign nationals entering the United States on a temporary basis as nonimmigrants are required to first obtain a visa at a U.S. consular post abroad. A visa grants its holder permission to apply for admission to the United States. The visa does not guarantee admission, however. Most foreig...

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