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
In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...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
USCIS has implemented a temporary final rule to automatically extend the validity of certain expired or expiring Employment Authorization Documents (EADs) for up to 540 days. Previously USCIS permitted a 180-day...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
On March 18, 2022, U.S. Citizenship Services (USCIS) published further detail relating to employment authorization documentation for E and L spouses. By way of background, in November 2021, USCIS reached a settlement...more
On March 18, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for E and L nonimmigrant spouses. The updates,...more
In mid-November a settlement between U.S. Citizenship & Immigration Services (USCIS) and the litigants in the Shergill v. Mayorkas lawsuit resulted in a change in USCIS policy regarding spousal work authorization. ...more
U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses in response to the settlement of a class action lawsuit. ...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