Switching from EB-3 to EB-2: USCIS Encourages “Transfer of Underlying Basis” for Eligible Applicants

Background On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022), eligible applicants …

COVID-19 Vaccinations Required for Green Card and Immigrant Visa Medical Exams Starting October 1, 2021

Beginning October 1, 2021, COVID-19 vaccinations will be required for all immigrant visa applicants in the United States and abroad who receive their medical examination from a Civil Surgeon (U.S.) or a Panel Physician (abroad) on or after October 1, 2021. This new requirement is according to recent instructions issued by the Centers for Disease …

The End of the 2019 Public Charge Final Rule

Beware the Ides of March? Not in 2021. Spring has brought the immigration world some welcome relief.  USCIS announced this month that the much-maligned Form I-944, Declaration of Self-Sufficiency, will no longer be required. The 2019 Public Charge Final Rule will no longer be applied to applicants for permanent residence as of March 9, 2021. …

DHS Increases H-2B Cap and Grants 35,000 Supplemental Visas for Second Half of 2020

In response to an extraordinary demand for seasonal labor, the U.S. Department of Homeland Security (DHS) announced on March 5, 2020 that it will increase the number of H-2B visas available for temporary nonagricultural workers by 35,000 for the second half of fiscal year 2020, allocating 20,000 visas for start dates beginning April 1, and …