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USCIS Decouples EAD Card and Advance Parole Travel Documents to Speed EAD Card Processing for Adjustment Applicants

Without a formal news release, U.S. Citizenship and Immigration Services (“USCIS”) started prioritizing pending requests for employment authorization (Form I-765) by adjustment of status (“AOS”) applicants (often referred to...more

USCIS Accommodation on I-9 Completion Due to Its Inability to Issue Timely EAD Cards

On August 20, 2020, United States Citizenship and Immigration Services (“USCIS”) announced that due to Covid-19 and because of its long delays in producing Employment Authorization Documents, Form I-766 (“EAD”) cards, that...more

Recent Changes to the H-1B Specialty Worker Program

Labor Condition Applications must be filed under the new DOL’S FLAG System - As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was...more

USCIS Publishes Final Rule on H-1B Registration and Scheme for a More Effective H-1B Program

On January 31, 2019, the USCIS published its final rule amending H-1B regulations which operate to change two important aspects of filing cap-subject H-1B visa petitions, effective April 1, 2019. ...more

January 2 Marks the Comment Deadline on the USCIS Proposed Changes to the H-1B Visa Lottery Process – Now What?

January 2 marked the end of the public comment period on the notice of proposed rulemaking (NPRM) published on December 3, 2018 by the Department of Homeland Security (DHS) regarding a radical change in the annual H-1B...more

U.S. Proposes Change to Public Charge Grounds of Inadmissibility: Concerns for Immigrants and Nonimmigrants

On October 10, 2018, the Department of Homeland Security (“DHS”) posted a Notice of Proposed Rulemaking (“NPRM”) in the Federal Register related to the public charge grounds of inadmissibility under the Immigration and...more

Rumored Changes To The H Visa Category

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

What’s New in Immigration Law?

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Survival in the Immigration Culture of Delay and Social Media Mining - Adjustment Interviews

With the recent change by U.S. Citizenship and Immigration Services (USCIS) to mandate in-person interviews for employment based adjustment cases along with changes to require the review of social media and to what...more

Employers and the DACA Wind Down Decision on September 5

On September 5, 2017, the Department of Homeland Security (DHS) issued the unfortunate Memo to rescind the Deferred Action for Childhood Arrivals (DACA) program (Memo). DHS Acting Secretary, Elaine C. Duke, noted that...more

In-Person Interviews to be conducted for Employment-Based Adjustment of Status Applicants

On August 28, 2017, the USCIS announced that beginning October 1st, the USCIS will begin to phase-in “in-person” interviews for Employment-Based, Adjustment of Status applicants (Form I-485, Application to Register Permanent...more

New Form I-9 Again for Employers

On July 17, 2017 U.S. Citizenship and Immigration Services (USCIS) announced the availability of a new version of the Form I-9. The new version has a revision date of 07/17/17....more

Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

USCIS Suspends Premium Processing for H-1B Petitons Beginning April 3rd

The USCIS announced on March 3, 2017 that beginning April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. According to the USCIS, the suspension may last up to 6 months. While H-1B premium...more

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

New Form I-9, Employment Eligibility Verification

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification (“Form I-9”). Employers can continue to use the most recent version dated...more

DHS Increases Period of STEM Optional Practical Training to 24 months: Imposes Additional Requirements on Employers and F-1...

The U.S. government never gives without getting something in return, and the same is true with the new STEM 24-month, Optional Practical Training (OPT) Program. On March 11, the Department of Homeland Security (DHS) published...more

New Specialized Knowledge Standards Coming for L-1B Transfers

Multinational companies wishing to transfer foreign national employees to the U.S. under the L-1B program will have to show the employee’s “specialized knowledge” by a “preponderance of evidence” under new guidance published...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

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