News & Analysis as of

Green Cards

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

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On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Tarter Krinsky & Drogin LLP

Update on Parole in Place for Spouses of U.S. Citizens: Paused for 14 Days

In our previous alert, we explained that the PIP Program allows noncitizens married to U.S. citizens to apply for Parole In Place (PIP), effectively adjusting their immigration status in the U.S. to that of Permanent...more

Davis Wright Tremaine LLP

New Green Card Process for Noncitizen Spouses Through Parole-in-Place Program

A new immigration program will enable certain noncitizen spouses who lack valid status to obtain temporary permission to be in the United States while they pursue permanent legal status....more

Baker Donelson

New Green Card Option for Undocumented Spouse or Stepchild of U.S. Citizen

Baker Donelson on

The Biden administration has issued a regulation exercising its discretion to use "parole in place" to create a path to the green card within the U.S. for certain foreign nationals: (a) who illegally entered the U.S. only...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Dickinson Wright

Parole in Place for U.S. Citizens’ Spouses: What (Little) We Know Before August 19 Start

Dickinson Wright on

U.S. Citizenship and Immigration Services (USCIS) continues to keep spouses and stepchildren of U.S. citizens in suspense regarding the process and requirements for filings that may be made on Monday, August 19, 2024, for...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

Dinsmore & Shohl LLP

Expansion of Parole in Place for Immediate Relatives to Begin Taking Applications August 19

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After the White House announced its New Process to Promote the Unity and Stability of Families, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications on August 19, 2024. This process will help...more

Rivkin Radler LLP

Swapping Foreign Real Properties On a Tax Deferred Basis

Rivkin Radler LLP on

Over the last couple of years, several of my friends have become citizens of the country from which their parents emigrated to the U.S. Also during that period, some acquaintances took advantage of the so-called “golden...more

Obermayer Rebmann Maxwell & Hippel LLP

USCIS to Begin Accepting Applications Under its New Process to Promote the Unity and Stability of Families on August 19, 2024

In June 2024, the Biden Administration announced several immigration actions using the authority of the executive branch. Within a political landscape of stalemate on virtually all things immigration, it has not been unusual...more

Tarter Krinsky & Drogin LLP

Parole in Place for Spouses of U.S. Citizens Explained: Available on August 19, 2024

The U.S. Department of Homeland Security has announced a new process allowing noncitizens married to U.S. citizens to apply for Parole In Place (PIP), effectively adjusting their immigration status in the U.S. to that of...more

Womble Bond Dickinson

What Is President Biden’s Affirmative Relief Announcement?

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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

Davis Wright Tremaine LLP

Removing the Mystery From Immigration Filing Fees: Employment Authorization and Travel Document/Advance Parole Applications

The recent changes by the U.S. Citizenship & Immigration Services (USCIS) in filing fees for certain forms, effective April 1, 2024, have continued to cause confusion for employers and individuals trying to determine the...more

Jackson Lewis P.C.

White House Extends Eligibility for Deferred Enforced Departure for Liberians

Jackson Lewis P.C. on

President Joe Biden issued a Memorandum on Extending Eligibility for Deferred Enforced Departure for Liberians that defers from June 30, 2024, through June 30, 2026, the removal of any eligible Liberian national who is...more

Lippes Mathias LLP

Canada’s Capital Gains Tax and the Exodus to the U.S.

Lippes Mathias LLP on

There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more

Harris Beach PLLC

Two New Immigration Initiatives Aim to Ease Application Processes

Harris Beach PLLC on

President Biden recently announced a pair of new immigration initiatives, including a new process to significantly ease the burden of obtaining lawful permanent resident status (i.e. a “green card”) for certain spouses and...more

Clark Hill PLC

July 2024 Visa Bulletin: Keep Calm and Carry On Sponsoring Nurse Green Card Cases

Clark Hill PLC on

Foreign nationals and their sponsoring US employers eagerly await the release of the US Department of State (DOS) monthly Visa Bulletin, to confirm when they will be eligible to apply for permanent residence in the US....more

Jackson Lewis P.C.

Ups and Downs of Golden Visa Programs

Jackson Lewis P.C. on

The mixed results of their visa programs aimed at attracting foreign investors have some European countries reconsidering, even as the U.S. program continues. In 2022, the United States reauthorized its EB-5 Immigrant...more

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Jackson Lewis P.C.

USCIS Removes Validity Period on Immigration Medical Exam Form I-693

Jackson Lewis P.C. on

Medical examinations and vaccination records properly completed and signed by a civil surgeon after Nov. 1, 2023, can be used indefinitely, USCIS has announced. There is no longer any expiration date. Form I-693, Report of...more

Holland & Hart - Employers' Lawyers

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National...more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

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