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Why Certain TPS Beneficiaries Need to Request Form I-797 Despite EAD Automatic Extension

On June 20, 2024, USCIS announced the automatic extension until March 9, 2025, of Employment Authorization Documents (EADs) issued to certain Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal,...more

Temporary Protected Status Extended for El Salvador, Honduras, Nepal, Nicaragua, Sudan

USCIS announced that it is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan until...more

New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

USCIS Increases Validity Period of Employment Authorization Documents

USCIS is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain categories of applicants, including noncitizens with pending adjustment of status...more

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Elimination of Paper Documentation in Streamlined Entry Process Raises Issues for Foreign Nationals

Customs and Border Protection (CBP) has been implementing “Simplified Arrival” at all airports, seaports, and most ports of entry since early 2022. The purpose is to secure and streamline the entry process. But the...more

DACA to Become Regulation

Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022,...more

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. ...more

DHS on New Premium Processing

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates,...more

Avoiding Immigration-Related Litigation in the Current Labor Market

According to the U.S. Bureau of Labor Statistics, the number of unfilled job openings increased by over three million in the last year. The construction industry has been particularly hard hit by labor shortages, causing many...more

DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement...more

Supreme Court Rules On Noncitizens Granted Temporary Protected Status

In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful...more

DHS Announces Extension Of TPS For El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal,...more

New DOL Rule Could Limit Some Employers’ Hiring And Retention Of Highly Skilled Foreign Employees

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It...more

Judge Issues Preliminary Injunction Against Nonimmigrant Ban

Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status...more

USCIS Switches To ‘Dates For Filing’ Chart For Employment-Based Adjustment Of Status For October

While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow...more

Federal Appellate Court Upholds End Of Temporary Protected Status For El Salvador, Nicaragua, Sudan

The Trump Administration’s effort to end Temporary Protected Status (TPS) for approximately 250,000 people from El Salvador, Nicaragua, and Sudan has been upheld in a split ruling from U.S. Court of Appeals for the Ninth...more

Waiting For Green Cards

Some 50,000 foreign nationals with approved Lawful Permanent Residency (Green Card) applications have been waiting for months to receive their cards, which provide proof of lawful permanent resident status. Without these...more

New Executive Order Takes Aim At Hiring Under Federal Contracts

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and...more

Finally, EADs Appear Headed To Foreign Nationals With Approved Applications

Assuming there is no further stalling or litigation by the government, Employment Authorization Documents (EADs) may finally be on their way to approximately 75,000 foreign nationals who have been waiting for them, in some...more

Printing Debacle At USCIS: Employees, Employers Harmed By Government Failure To Print Documents

Foreign nationals with approved permanent residence applications but no actual permanent resident card (known as Green Cards) are not the only ones dealing with the printing back-up at USCIS. After deciding to bring the...more

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more

Administration Planning Additional Restrictions On Non-Immigrant Visas?

Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories. On...more

Administration Offers Exemption From Restrictions On Entry To Foreign Professional Athletes

To support the Trump Administration’s COVID-19 reopening policies, Chad F. Wolf, the Acting Secretary of Homeland Security, signed an order exempting some foreign professional athletes (and their staff and dependents) who...more

Review Of Trump Administration Shifting Position(s) On H-4 EAD Rule

It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more

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