On June 18, 2024, President Biden announced new pathways to legal immigration status for two groups: college-educated “Dreamers” and certain American family units....more
U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through...more
U.S. Citizenship and Immigration Services (USCIS) has announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023.
Effective since...more
On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Notice of Prospective Rulemaking proposing a sweeping fee hike for immigration services across the board. The proposed fee increases range between...more
On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced implementation of the final phase of premium processing expansion for employment-based first and second preference I-140 petitions. Beginning on...more
Corporate immigration and a cross-border workforce are one of the many considerations for in-house counsel today. Increasingly, companies are turning to international workers and this creates both business opportunities and...more
11/29/2022
/ Compliance ,
Employer Liability Issues ,
Foreign Workers ,
Hiring & Firing ,
Immigration Procedures ,
Job Applicants ,
NAFTA ,
Recruitment Policies ,
Risk Management ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS ,
Visa Waiver Program ,
Visas
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will automatically extend the period of employment authorization up to 540 days beyond the expiration date of the Employment...more
U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough FY2023 H-1B electronic registrations to reach the cap and that it has notified petitioners whose registrations were selected that they...more
On March 16, 2022, the U.S. Department of Homeland Security (DHS) announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, based on continued armed conflict and extraordinary and temporary...more
In November 2021 DHS announced a new policy recognizing E and L dependent spouses as having employment authorized incident to their status, meaning they do not need to apply for a separate employment authorization document...more
The U.S. Department of State (DOS) has authorized consular officers to waive the in-person interview requirement for certain nonimmigrant visa applicants through the end of 2022. This authorization applies to temporary...more
On November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) issued policy guidance to automatically extend employment authorization (“EAD”) for H-4, E, and L nonimmigrant dependent spouses under certain...more
The U.S. Department of Homeland Security (DHS) has agreed to a settlement in the case of Shergill, et al. v. Mayorkas, resulting in important policy changes immediately affecting L-2 and H-4 visa holders’ work authorization...more
11/12/2021
/ Adjudicatory Process ,
Biden Administration ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Policies and Procedures ,
Settlement ,
Settlement Agreements ,
Time Extensions
The White House has announced that it will lift COVID-19 travel restrictions starting November 8, 2021 for international visitors who are fully vaccinated. Only vaccines that are approved by the Food and Drug Administration...more
How are immigration benefits impacted if Congress is unable to agree on a spending bill and the U.S. government shuts down? The general rule is that those services that are essential or fee-funded continue without...more
10/1/2021
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Federal Budget ,
Government Shutdown ,
Immigration Procedures ,
Operators of Essential Services ,
Social Security Administration (SSA) ,
US State Departments ,
USCIS
The Biden Administration announced on Monday, September 20, 2021 that it plans to rescind travel bans beginning November 2021 and will instead require proof of vaccination for international travelers. This refined directive,...more
Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles.
This “Guide to Starting Business in...more
Effective immediately, U.S. Customs and Border Protection (CBP) has changed its policy regarding adjudicating requests for National Interest Exceptions (NIE) to Presidential Proclamations 9984, 9992 and 10143 which restrict...more
On March 2, 2021 the United States Department of State (DOS) retracted the previous national interest determination applicable to certain categories of travelers eligible for exceptions under Presidential Proclamation (PP)...more
On January 8, 2021, the U.S. Department of Homeland Security (DHS) published the Modification of H-1B Cap Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule. Should it be implemented,...more
Effective January 26, 2021, by order of the U.S. Centers for Disease Control and Prevention (CDC), all air passengers age two (2) and older arriving in the United States from a foreign country must be tested for COVID-19 and...more
The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...more
12/4/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Executive Orders ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
At 11:01 am Eastern on Wednesday, June 24, 2020, the United States will suspend entry of certain nonimmigrants pursuant to Presidential Proclamation. The suspension will last until December 31, 2020, but may be continued or...more
6/23/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EB-2 ,
EB-3 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigrants ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Presidential Proclamations
At 11:59 pm Eastern on Thursday, April 23, 2020, the United States will suspend entry of immigrants pursuant to Presidential Proclamation. The suspension will last 60 days but may be continued or modified....more
Q. I entered the U.S. using ESTA (the visa waiver program), and my I-94 Arrival/Departure Record will expire before I am able to depart the U.S. Can I apply for an extension of stay?
A. U.S. immigration law does not permit...more