On May 4th, 2022, USCIS announced a new rule from DHS temporarily increasing the automatic extension period for EAD eligible renewal applicants. The automatic extension period begins the date of expiration on the EAD (Employment Authorization Document) for a new total of 540 days. The previous rule provided 180 days from the expiration of EAD;… [Read More]
Client Advisory: Possible Future Availability of Expedited Premium Processing for Certain Applications
The United States Citizenship and Immigration Services (USCIS) has announced that they have issued a final rule to expand premium processing for the following forms: I-140, I-539, I-765. While premium processing does exist for some of these categories now, this new rule will include additional case types and categories. What Does This Mean? Nothing, yet…. [Read More]
USCIS Encourages Transfer of Underlying Basis for Some Pending I-485 Applications
The USCIS recently announced that there are more visas available in the EB-1 and EB-2 employment-based categories than the number of pending I-485 applications in these categories. USCIS is encouraging certain applicants to request that the agency “transfer the underlying basis” of their pending I-485 application to the EB-2 category, if eligible. This transfer request… [Read More]
CLIENT ALERT: Employment Authorization Settlement
On November 10, 2021, the Department of Homeland Security reached a settlement agreement that impacts employment authorization for individuals in H-4 or L-2 status. H-4 BENEFICIARIES: Employment Authorization and Those in H-4 Status The settlement agreement applies to an H-4 dependent spouse who: Properly filed an EAD renewal application before the expiration of their current… [Read More]
CLIENT ALERT: Requirements for Those Traveling by Air into the United States
Regional Travel Bans Rescinded As of November 8, 2021, the U.S government has rescinded country-specific suspensions and limitations, and requirements for air travel and entry to the United States: Rescinding Proclamation 9984 (January 31, 2020) (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other… [Read More]
Trump Administration Seeks to Change Requirements of H-1B Visa
The Trump Administration issued two rulings Tuesday that could make it harder to qualify for an H-1B visa and would raise wages for H-1B workers. The changes could impact staffing agencies that employ H-1B visa holders at third-party sites, but most employers who depend on the H-1B program for highly skilled foreign workers should view the… [Read More]
U.S. Dept of State Issues Guidelines for Travel Ban Exemptions
In early June, President Trump issued successive executive orders suspending entry to the U.S. for individuals holding H-1B, L and J-1 visas “who present a risk to the U.S. labor market during economic recovery”. Even though these Proclamations had built-in exceptions for those who were seeking entry for the “national interest” of the United States,… [Read More]
Trump Administration Rescinds Harmful Foreign Students Policy
The Trump Administration has stepped back from a policy that would have denied visas to foreign students in the event colleges and universities moved to virtual instruction for the 2020-2021 school year. The July 6 policy announcement was met with immediate disapproval from higher education institutions and prompted a lawsuit from Harvard and MIT, along… [Read More]
SEVP Backs Away from Temporary Plan Helping F-1/M-1 Students during the Pandemic
During the onset of the COVID-19 pandemic, SEVP instituted temporary measures allowing F-1/M-1 students to take more classes online than normally permitted under the Regulations. Request Your Complimentary Consultation Generally, SEVP Regulations only permit 1 class online per semester with the remaining credit hours to be taken “in person” at the university. In a July… [Read More]
Enforcement of I-9 Policies Could be Next Front in Immigration Battle
The Trump Administration made clear its plans to continue to link record-high unemployment with immigration, as seen with President Trump’s recent executive order suspending entry to the U.S. on the H-1B, L and J-1 visas. The time is now to make sure you are following I-9 policies. While business leaders across the United States challenge… [Read More]
