This article was updated after the 5th Circuit Court stayed the District Court case until a hearing on October 10. Meanwhile, USCIS is still accepting KFT PIP applications. On September 4, 2024, U.S. District Judge J. Campbell Barker for the Eastern District of Texas, Tyler Division, signed an Order denying the Motion of the U.S. …
Employer Economics: Cost-Saving Strategies for Adjustment of Status Filings
On April 1, 2024, the new U.S. Citizenship and Immigration Services (USCIS) fee schedule took effect. The fee schedule has been modified since publication, which can make determining the appropriate fee challenging. Please refer to our previous blog post regarding the key takeaways from the final rule implementing these fee increases. The new rule increases …
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Parole in Place for U.S. Citizens’ Spouses: What (Little) We Know Before August 19 Start
U.S. Citizenship and Immigration Services (USCIS) continues to keep spouses and stepchildren of U.S. citizens in suspense regarding the process and requirements for filings that may be made on Monday, August 19, 2024, for qualifying applicants for the new Parole-in-Place (PIP) program to seek legal permanent residence (LPR) while remaining in the United States (U.S.) …
Avoiding RFIs in PERM: 3 Key Tips for Travel Requirements
Filing a PERM (Program Electronic Review Management) application is a critical process for most U.S. employers seeking to hire foreign workers. One of the significant hurdles in this process is obtaining a Prevailing Wage Determination (PWD) from the Department of Labor (DOL), which can take at least six months at present. Recently, employers have noticed …
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USCIS Fee Rule Update: Avoiding Filing Rejections
The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the first new Fee Schedule since 2016, and there were significant changes to the pre-existing Fee Schedule. On April 29, 2024, USCIS published a …
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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 …
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Grab Your Shot: Supplemental H-2B Visas for Those Who Missed the Lottery
Amid the ever-evolving landscape of business and workforce dynamics, the recent buzz around the H-2B visa lottery has sent ripples of anticipation and concern through companies reliant on foreign workers. As immigration and labor shortages continue to weave intricate challenges, the opportunity to secure additional H-2B visa numbers opens a new chapter of possibilities and …
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Introducing USCIS’s New Online Organizational Account
In February 2024, United States Citizenship and Immigration Services (“USCIS”) launched its new online Organizational Account, which allows for the online filing of H-1B petitions and enhances collaboration between clients and legal representatives. The Organizational Account automatically upgraded the legacy USCIS account, and pre-existing users will see their new Organizational Account the first time they …
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H-1B Cap Season: A Changing Landscape
March Madness will once again not fail this Fiscal Year 2025 (FY25) H-1B cap season. The shift in 2020 to the “new” H-1B registration system continues to be a work in progress. The USCIS strength and conditioning exercises will give this H-1B cap season an added boost. The USCIS is flexing its muscles and opted …
USCIS Fee Hikes Effective April 1 – 4 Key Takeaways for Employers
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule to announce new filing fees for immigration and naturalization benefit requests. The rule is set to take effect on April 1, 2024. As a predominantly fee-funded agency, USCIS justifies the fee increase – the first since December 2016 – as essential …
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