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
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
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
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
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
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
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
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
As previously reported, under a new policy, USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. This means that upon admission and issuance of a valid I-94...more
As of January 31, 2022, spouses entering the United States in L-2 or E status may be able to obtain work authorization at the border by asking Customs and Border Protection (CBP) to give them a “spousal” designation in their...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