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...
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 (BIA) and the Administrative Appeals Office (AAO).
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.
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...
The 2016 H-1B Cap Season is Here
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 ...
USCIS Publishes Proposed Rule to Implement AC21
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...
Retaining Non-Expired EAD at Conclusion of AOS Interview
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...
Visa Validity and INA 222(g)
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...
Federal Court Grants USCIS 90-Day Extension of STEM OPT Rule
As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow the proper procedures in implementing it. As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow th...
What is Port Parole?
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...
H-1B Amendments for Third Party Placement Situations: Travel Timing Issues
As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requirements for when an amended H-1B petition must be filed... As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requ...
New Filing Fees Imposed on Certain H and L Employers Effective Immediately
On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions... On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions, including a large fee hike on L-1 and H-1B petitions in case...
Congress Mandates Changes to Visa Waiver Program
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...