The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese...more
The U.S. Supreme Court has heard oral argument on whether individuals who initially entered the United States without permission and subsequently were granted Temporary Protected Status (TPS) are eligible to adjust to...more
ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement.
With this extension, ICE specifically noted that employees hired on or after April 1,...more
In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting...more
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more
2/23/2021
/ Citizenship ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employment Authorization Documents (EAD) ,
Green Cards ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
Joe Biden ,
STEM ,
Temporary Protected Status ,
Undocumented Immigrants ,
Visas
USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST.
The process will mirror last year’s process.
USCIS also announced its...more
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs...more
Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.
This means that:
•Employers may continue to inspect Section...more
The USCIS filing fee increases that were proposed last summer will not be implemented.
In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS...more
Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been...more
The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions...more
On December 6, 2019, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B...more
The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v....more
A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about...more
The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers.
Here are a few new policies:
A pilot program has been instituted at the border...more
Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year....more
ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018...more
The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions...more
The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must...more
Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws,...more
The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a...more
Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to...more