Navigating PERM in FLAG and the New Form ETA-9089

On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL announced the release of a new Form ETA-9089, including a number of never before seen questions likely to trigger …

Not Selected In The Lottery? 5 H-1B Alternatives To Consider

On March 27, 2023, USCIS announced that it had received enough electronic registrations to reach the H-1B annual cap FY2024, including the advanced degree exemption (Master’s cap). While official statistics regarding the number of registrations submitted vs. that selected have yet to be released, reports across the board indicate a much lower selection rate than …

DHS PUBLISHES NEW FINAL RULE ENDING TRUMP-ERA PUBLIC CHARGE RESTRICTIONS

On September 9, 2022, the U.S. Department of Homeland Security (DHS) published a lengthy Final Rule concerning the implementation of the public charge ground of inadmissibility[1] after several years of federal court litigation. This Final Rule will be effective on December 23, 2022, and apply to applications postmarked (or electronically submitted) on or after that …

USCIS EXTENDS LIMITED AUTOMATIC EXTENSION OF WORK AUTHORIZATION FROM 180 TO 540 DAYS

On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that would increase the automatic extension period for Employment Authorization Documents (EADs) for certain designated categories of EAD renewal applicants who timely filed Form I-765, Application for Employment Authorization before their EAD’s current expiration. This rule was issued in …