Background On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022), eligible applicants …
Employer Tips for the Fiscal Year 2023 H-1B Cap Registration Process
U.S. Citizenship and Immigration Services (USCIS) introduced a new H-1B cap registration process for fiscal year (FY) 2021. This process was continued for the FY 2022 H-1B cap lottery, and it will be substantially the same for the FY 2023 H-1B cap lottery. For FY 2021, USCIS received 274,237 registrations and initially selected 106,100. USCIS …
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Key September USCIS Process Updates
U.S. Citizenship and Immigration Services (USCIS) released a number of important updates in September of 2021. Four of the most significant updates include COVID-19 vaccination requirements for immigrant medical examination, extension of flexibility for responding to agency requests, lockbox filing location updates, and expansion of USCIS’ credit card payment pilot program. COVID-19 Vaccination Requirement for Immigration …
USCIS June Policy Alert Trio Provides Some Love to Beleaguered Applicants
On June 9, the Office of the Director of United States Citizenship and Immigration Services (USCIS) issued three Policy Alerts (PAs), which continue a trend by USCIS to insert (hopefully) more reason and justice in adjudications by the agency. The PAs were issued on the following issues: Increasing the validity period of employment authorization card …
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PERM 101: Employment Verification Letters
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 …
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USCIS Issues New I-9 Guidance for Employees with DACA Work Authorization
In January 2021, United States Citizenship and Immigration Services (USCIS) issued new I-9 guidance regarding the completion of Form I-9 for certain employees working pursuant to the Deferred Action for Childhood Arrivals (DACA) Program. The new guidance specifically addresses the situation where an employee presents an unexpired Employment Authorization Document (EAD) with category code of …
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The End of the 2019 Public Charge Final Rule
Beware the Ides of March? Not in 2021. Spring has brought the immigration world some welcome relief. USCIS announced this month that the much-maligned Form I-944, Declaration of Self-Sufficiency, will no longer be required. The 2019 Public Charge Final Rule will no longer be applied to applicants for permanent residence as of March 9, 2021. …
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Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process
U.S. Citizenship and Immigration Services (“USCIS”) introduced a new H-1B cap process for fiscal year (FY) 2021. In its webinars conducted on February 23, 2021 and February 24, 2021, USCIS confirmed that the H-1B cap process for FY 2022 will be substantially the same as the process introduced for FY 2021, and provided additional insight …
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USCIS Extends Recognition of Validity of Employment Authorization Approval Notices for Form I-9 Completion
On November 23, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a welcome announcement in light of ongoing delays by the agency to adjudicate employment authorization documents (EADs). This announcement extends the acceptance of an I-797 Notice of Action for approval of an employee’s I-765, Application for Employment Authorization, as a List C, item #7 …
2020 USCIS I-9 Guidance Round-Up
As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to accommodate the so-called “new normal”. Following-up on our earlier news about the US Department of Homeland Security’s (DHS) odd relaxation of certain …