Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options …
Continue reading “Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind”
U.S. immigration law has always been challenging with ever-changing rules and policies and their far-reaching effects. However, the constant complication post-pandemic has been the unpredictability of processing times and their amazing lengths. Delays in consular appointments and adjudications within the United States (U.S.) complicate and disrupt the process and result in global quicksand versus mobility. …
On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the release of a new version (12/23/22) of Form I-485, Application to Register Permanent Residence or Adjust Status, in connection with a new regulation addressing the public charge ground of inadmissibility, which would take effect on December 23, 2022. When must the new Form …
As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental visa numbers for the H-2B temporary non-agricultural worker program. Industries that may benefit from this “peak load need” visa boost include: hospitality, …
Continue reading “H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023”
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 …
Continue reading “DHS PUBLISHES NEW FINAL RULE ENDING TRUMP-ERA PUBLIC CHARGE RESTRICTIONS”
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”
There is no denying that the COVID-19 pandemic continues to impact employment-based adjustment of status (AOS) applicants for legal permanent residence. For example, consular closures and limited immigrant visa processing operations during the pandemic have contributed to almost doubling the available number of employment-based immigrant visas for allocation in FY 2022. These increased immigrant visa …
On July 28, 2022, USCIS published online resources to provide an overview of some temporary and permanent pathways for foreign nationals to remain in the United States (U.S.) and work in the sciences, technology, engineering, and mathematics (STEM). These online resources break down various non-immigrant and immigrant channels through which STEM professionals can seek temporary …
Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for Prevailing Wage Determination (“PWDS”) and Form ETA-9089 Applications for Alien Labor Certification in the PERM context for employees who were telecommuting. The concern has grown more …
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 …