November 1 Deadline Looms as Texas Hospitals Struggle to Track Costs Related to Immigration Status

On November 1, certain Texas hospitals must comply with an Executive Order issued by Governor Greg Abbott on August 8, 2024 (Order), requiring them to document medical costs related to the care of individuals without legal immigration status. Governor Abbott provided the following statement explaining the reasoning behind his Order: “Due to President Joe Biden …

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 …

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.) …

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 …

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 …

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 …

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 …

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 …

Trade Nafta (TN) Visa Holders Are NOT Free Agents – Spotting the Unauthorized Nonimmigrant for Form I-9 Compliance

Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation.  For instance, this year alone, U.S. Citizenship and Immigration Services (USCIS) has posted significant updates on the Form I-9 Central news page, including: The increase of the …

65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024

On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas for Fiscal Year (F.Y.) 2024. This increase is in addition to the existing mandated 66,000 H-2B visas that are allotted each F.Y.  …