Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers in the U.S. Now, applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status can seek …
Continue reading “Premium Processing Today: Answers to 5 Key Questions”
J-1 status is a favorite for foreign nationals attending medical resident training programs in the United States. While there are many advantages to the J-1 visa category, one major obstacle remains for J-1 physicians who wish to continue working in the United States—the home residence requirement. Because the J-1 physician visa is considered an “exchange …
The federal government has announced that on May 11, 2023, it intends to permit the Public Health Emergency for COVID-19—declared more than three years ago—to expire. As we look back over the last few years, it is difficult to understate the pandemic’s impact on the working culture within the United States. In 2021, 34.5% of …
Continue reading “The 4-1-1 on Telecommuting: 3 Tips to Avoid Immigration Hang-Ups”
At the beginning of the COVID-19 pandemic, USCIS announced several “flexibilities” to facilitate immigration filings in the face of significant logistical challenges. One of those flexibilities was a much-needed suspension of the “wet ink” signature requirement for certain immigration forms. After sustained success and positive feedback on what was supposed to be a temporary rule, …
Continue reading “USCIS Makes COVID-19 Signature Policy Permanent”
After years of testing its pilot program, USCIS recently announced an expansion of credit card payments to most USCIS forms. Because the vast majority of forms and other filings require payment of fees that are often substantial, this expansion will give employers, foreign nationals, and attorneys alike much more flexibility. Which Applications and Petitions Qualify …
Continue reading “USCIS Expands Credit Card Payment Pilot Program”
Employers who wish to sponsor foreign national employees through the PERM Labor Certification process should take special note of the settlement agreements announced by Department of Justice (DOJ), Civil Rights Division, Immigrant and Employees Rights Section (IER) and Department of Labor (DOL) last week. These settlement agreements are connected to the U.S. worker discrimination suits …
Continue reading “Facebook Discrimination Settlement and the Future of PERM Recruitment”
Before filing an I-140 petition for an employee beneficiary, petitioning employers brave a seemingly endless obstacle course, spending several months filing a prevailing wage determination (“PWD”) application, complying with a tedious recruitment process, and finally, awaiting certification of the PERM (ETA 9089). Once the PERM is certified, the petitioner can finally petition for the permanent …
Continue reading “PERM 101: Employment Verification Letters”
Facing the financial distress caused by the COVID-19 pandemic, many companies may be contemplating corporate restructuring. With all of the considerations surrounding a corporate merger, acquisition, or spin-off, often the last item on an executive’s mind is the impact of corporate restructuring on its foreign national workforce. While business motives may be at the forefront …
Continue reading “Corporate Restructuring and its Potential Impact on H-1B Workers”
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
The COVID-19 National Emergency has now been effective in the United States for three months. During this time, guidance from federal agencies has been dynamic as the government adapts to the “new normal.” But even as the global health crisis halts nonessential travel and disrupts visa issuance to many foreign nationals, federal agencies have published …
Continue reading “Special Considerations for Medical Professionals During the COVID-19 Pandemic”