The Trump administration continues extreme vetting and full enforcement of existing (even if dormant) immigration laws, including the requirement that noncitizens be registered with the government. The government refers to...more
On March 12, the U.S. Department of Homeland Security (DHS) published its proposed new registration Interim Final Regulation (IFR). It becomes effective on April 11, 2025. The IFR outlines the existing long-term regulations...more
On March 11, the U.S. Department of Homeland Security (DHS) published the draft of its proposed new registration Interim Final Regulation (IFR) referenced in the announcement by U.S. Citizenship and Immigration Services...more
The new Administration’s recent immigration law enforcement actions, which range from extensive audits to sweeping raids, have far-reaching impact on U.S. citizens, permanent residents and lawful nonimmigrant visa holders...more
A critical recommendation for foreign nationals in the United States that has gained vital importance in recent days is that they must carry documentation evidencing immigration status at all times....more
The H-1B cap registration and lottery for Fiscal Year 2026 is expected to begin in early March – only two months from now. Although the U.S. Citizenship and Immigration Services has not yet announced the exact registration...more
There are typically four key documents relating to nonimmigrant (i.e., temporary) travel to and authorized stay in the United States. It is important to understand what these documents are, what purpose they serve, and how...more
A settlement agreement in the case of Edakunni v. Mayorkas was reached in January 2023. As part of the settlement agreement, USCIS agreed to: “bundle” the adjudication of Forms I-539 and I-765 for H-4 and L-2 derivatives with...more
If you can answer these, you should be in good shape. With the holidays approaching, many employers with foreign national employees are wondering what they need to know before their employees depart from the United States....more
Traveling to the U.S. can be grueling. By the time you arrive at Customs and Border Protection (CBP), all you want is to get through and be on your way. But diligence and a little extra time at CBP can save you headaches,...more
Summer travel is expected to remain at record high levels in 2024, continuing the upsurge since pandemic-era restrictions were lifted. International travelers should expect busy consulates and U.S. Ports of Entry. Although...more
An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S....more
Since 2004, U.S. Customs and Border Protection (CBP) has been working on improving the systems used to document the entries and exits of nonimmigrants to and from the United States. There is no comprehensive easy-to-use...more
The I-94 record, which determines the validity of a nonimmigrant’s status, often presents challenges that are not expected by the foreign national or their employer. Unfortunately, the failure to be aware of the validity...more
In 2013, U.S. Customs and Border Protection (CBP) made its first moves toward a transition from paper admission documents to electronic issuance of I-94 Departure Records, which determine in what status and until what date a...more
On September 27, 2023, U.S. Citizenship and Immigration Services (USCIS) issued an update to the USCIS Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization...more
Sarah Bileti By Sarah Bileti Question: We’re planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow? Answer: Yes, there are...more
U.S. Customs and Border Protection (CBP) has officially implemented its “Simplified Arrival” program that was piloted in various cities from 2021 to 2022 to streamline the arrival process for international travelers at all...more
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
Lawful permanent residents may receive temporary evidence of their lawful permanent resident (LPR) status by mail, rather than physically visiting a field office, USCIS has announced. LPRs eligible for delivery of temporary...more
USCIS has announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to status which means they can begin working without an EAD....more
U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the...more
For the many planning international travel this holiday season, it’s essential to consider COVID-19 policies worldwide, including U.S. entry policies, consular post availability for purposes of scheduling visa appointments,...more
U.S. Customs and Border Protection (“CBP”) announced the elimination of issuing entry stamps in the passports of foreign nationals arriving in the U.S. While the measure is already in effect for some airports, not all ports...more
For fiscal year (FY) 2023, the annual H-1B quota for 85,000 H-1Bs was met as of August 23, 2022, and on October 1, 2022, those H-1Bs that were approved as change-of-status petitions went into effect. To obtain H-1B...more