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
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
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
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
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
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
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
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