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H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the...more

DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals....more

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more

I-9 Reminder: Unexpired Documents by July 31

Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022....more

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....more

ICE Announces I-9 Flexibility Will Continue Through The Summer

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form...more

Noncitizen Bears Burden Of Proof When Challenging Deportation, U.S. Supreme Court Rules

A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for...more

USCIS Premium Processing Fees: Bad News, Good News

Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will...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

DHS May Resume Public Charge Rule, Federal Appeals Court Rules

The Department of Homeland Security (DHS) may resume implementation of the new Public Charge Rule, the U.S. Court of Appeals for the Second Circuit has ruled. The factors that are considered under the new Public Charge...more

USCIS Workers Put On Furlough

Since May, USCIS has been threatening furloughs of three-quarters of its workforce in August if it does not receive a $1.2 billion loan and an average 21% increase in fees to take care of its budget shortfall. Reportedly,...more

Privacy Issues Of U.S. Collection Of Social Media Information From Visa Applicants

The Department of State (DOS) has been collecting (and maintaining) information on social media use from all visa applicants (immigrant and non-immigrant) since June 2019. The DOS’s collection and maintenance of this...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

New Public Charge Rule Effective February 24, USCIS Announces

USCIS has announced the new Public Charge Rule will become effective on February 24, 2020, now that the U.S. Supreme Court has lifted the injunction. This Rule affects legal immigrants (those who are legally in the United...more

Time To Start Planning For H-1B Cap Season

It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case. To be eligible to file a cap-subject H-1B...more

U.S. Supreme Court Lifts Injunction On Tough DHS Public Charge Rule

The Trump Administration’s new Public Charge Rule can go into effect (for now, at least). The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule...more

Judge Halts Presidential Proclamation Suspending Visas For Immigrants Without Health Insurance

Predictably, the “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” has been blocked from going into effect for the time being. The U.S....more

Presidential Proclamation Suspends Visas For Immigrants Without Health Insurance

President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants...more

U.S. Immigration And The Growing Marijuana Industry

Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on...more

Government Forced To Release H-1B Delaying And Denying Tactics

Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this,...more

DHS Proposes Fee Of $10 To File H-1B Petition

DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved. In January 2019, DHS published the rule establishing an H-1B electronic...more

New DS-160 Form Seeks Social Media Information, Affecting Millions Of Visa Applicants

Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social medical platforms, identifiers, phone numbers and emails from visa applicants...more

Insights: Pros And Cons Of Registering For E-Verify

Immigration enforcement is a major focus of attention of the Trump Administration – including in the business immigration context. One measure of this interest is the increase in I-9 audits. ICE reported that worksite...more

What Processing Delays In Immigration Cases Mean

Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014. ...more

Trump Administration Targets Visa Overstays

President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas. Assertions set forth in the Memorandum include: For FY...more

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