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
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
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
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
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
U.S. Customs and Border Protection (USCBP) has begun the process of implementing a federal court order following a lawsuit against the U.S. Department of Homeland Security relating to the immediate ability of L and E spouses...more
On Jan. 31, 2022, U.S. Customs and Border Protection began endorsing the I-94s of spouses of E and L visa holders with new class of admission codes upon their entry to the United States. As we detailed in our Nov. 11, 2021...more
The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...more
Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses...more
The U.S. Department of Homeland Security has agreed to make policy changes that will benefit L-2 spouses and certain H-4 nonimmigrants filing renewal applications for Employment Authorization Document cards...more
In our Nov. 11 client alert, we described the dramatic and beneficial changes to the employment authorization rules affecting dependent spouses of certain nonimmigrant visa holders. On Nov. 12, U.S. Citizenship and...more
Employment Authorization Policy for Nonimmigrant Dependent Spouses On November 10, 2021, the U.S. Department of Homeland Security (DHS) reached a settlement in a landmark case, which provided structural changes for...more
On November 12, 2021, USCIS updated its Policy Manual to permit H-4, E and L nonimmigrant dependent spouses to receive automatic extension of employment authorization in certain circumstances. Earlier in the week, USCIS...more
EXTENSION OF TPS - On September 10, 2021, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing the extension of Temporary Protected Status (TPS) designations and TPS-related...more
As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more
The US Department of Homeland Security (DHS) on November 1 extended the validity of Temporary Protected Status (TPS)-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal,...more
A new policy memo governing accrual of unlawful status is poised to impact students staying in the United States with significant immigration consequences if they fail to comply with new, punitive rules. On May 10, 2018,...more
On May 10, 2018, USCIS issued a policy memorandum that updates the current policy on the calculation of unlawful presence for certain nonimmigrants. “Unlawful presence” can occur when an individual is physically in the United...more
Travel to the United States, with its new immigration enforcement-minded administration, will require foreign travelers to be even more aware of the rules governing border protection, and take advantage of the travel programs...more
Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more
On March 27, 2013 the Department of Homeland Security (“DHS”) published an interim rule in the Federal Register that changes the definition of Form I-94 (also known as an “I-94 card”) in order to allow an I-94 to be issued in...more
According to the Department of State, sequestration will likely reduce the number of officers processing visa applications, which will negatively impact wait times at U.S. consulates....more