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
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
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
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
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
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
All visitors, except U.S. citizens, returning resident aliens, immigrant visa holders, and most Canadian citizens, must receive a Form I-94, Arrival/Departure record at the port of entry. Because travel is picking up, Customs...more
Due to the COVID-19 pandemic and its aftermath, backlogs for immigration benefits have been at an all-time high, with some benefits—such as the L-2 Spousal EAD—taking up to 12 months or longer. ...more
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
As the COVID-19 pandemic and related restrictions continue, we continue to advise caution regarding international travel. Everyone considering international travel is urged to carefully consider the risks and be fully aware...more
In response to the depletion of numeric-only numbers for Form I-94 arrival/departure records, U.S. Customs and Border Protection (CBP) began to use alphanumeric “numbers” (i.e., composed of letters and numbers) in May 2019....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
In a Policy Memorandum issued on May 10, 2018 (USCIS Policy Memorandum), the U.S. Citizenship and Immigration Service (“USCIS”) proposed a substantial change in the manner in which it will calculate periods of unlawful...more
On January 5, 2018, U.S. Customs and Border Protection (CBP) kicked off two new “traveler compliance initiatives” aimed at assisting those travelers to the US on the Visa Waiver Program (VWP)....more
On May 31st, U.S. Customs and Border Protection (CBP) announced that they have published a new update on the I-94 website. CBP will remind travelers via e-mail of their officially recorded departure date from 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