The Stealth I-94 Dilemma – Determining Work Authorization Validity

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 period of the I-94 can cause all sorts of serious problems. For example, some of the consequences can be: The accrual …

Coming January 29: 20,000 H-1Bs for Visa Renewal – What You Need to Know!

As outlined in an earlier Immigration Insights & Issues blog post, the U.S. Department of State (DOS) posted a proposal to resume the renewal of limited visas in the U.S. after almost 20 years via a pilot program. Finally, on December 21, 2023, the requirements for the pilot program were announced by DOS. What are …

Round Two SB 4: Texas Follows Arizona in State Preemption Attempt of Federal Border Control

Texas Governor Greg Abbott signed SB 4 on December 18, placing Texas on the course to yet another state-federal preemption challenge regarding the enforcement of immigration law regarding illegal entry to the United States (US).  The bill’s provisions may go into force on or about March 5, 2024. The provision is in limited ways similar …

COVID-19 Vaccinations Lead to November 8 Reopening of U.S. to Foreign Travelers and Land Border Restriction Modifications

According to various news reports, a White House official stated that foreign travelers subject to the various travel bans will be able to enter the U.S. as of November 8 without obtaining a National Interest Exception (NIE) due to their presence in restricted countries in the fourteen days before planned travel to the U.S., if …

USCIS June Policy Alert Trio Provides Some Love to Beleaguered Applicants

On June 9, the Office of the Director of United States Citizenship and Immigration Services (USCIS) issued three Policy Alerts (PAs), which continue a trend by USCIS to insert (hopefully) more reason and justice in adjudications by the agency.  The PAs were issued on the following issues: Increasing the validity period of employment authorization card …

USCIS Reverses Course on Trump-Era Policy Instructing Officers Not to Give Deference to Previously Approved Petitions

In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS) issued a new policy on April 27, 2021, effective immediately, directing officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the …

Nonimmigrant and Immigrant Visa Processing Halted by Presidential Proclamation – Effective June 24 for Certain Nonimmigrants

After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation was finally published on June 22  (June Visa Processing Proclamation or JVPP) after numerous discussions regarding its scope.  Please refer to my prior summary on the April 22, 2020 Proclamation 10014 as to the …

CROSS-BORDER TRAVEL BETWEEN THE U.S. AND MEXICO/CANADA – NON-ESSENTIAL TRAVEL RESTRICTIONS EXTENDED TO JUNE 22, 2020

On March 24, 2020, two notices (Notices) were published in the Federal Register by United States (U.S.) Customs and Border Protection (CBP) related to limitations on cross-border travel along the northern[1] and southern[2] borders of the U.S.  Both of these restrictions went into effect as 11:59 p.m. (EDT) on March 20, 2020, and remained in …

AM I AN ESSENTIAL TRAVELER BETWEEN CANADA AND THE U.S. OR MEXICO AND THE U.S.?

On March 24, 2020, the U.S. Department of Homeland Security (DHS) provided formal notices in the Federal Register of an earlier Trump Administration order, which limited travel between Canada and the U.S. as well as Mexico and the U.S. at land ports-of-entry, and ferries service effective March 20, 2020, 11:59 p.m. through April 20, 2020, …

Risky “Business”: A Refresher on Permissible (and not so permissible) Activities in B-1 Business Visitor Classification

Have you ever had any foreign nationals “visit” your company from one of your entities outside the U.S.?  Did you help the foreign national visitor fit right in and seem like part of your team and like any other employee?  Did you allow him/her to conduct their regular activities in the same way they do …