Attracting and Retaining Foreign Talent in STEM Fields – Overview of STEM Initiatives

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 …

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 …

Dreamers Can Rest Easy: USCIS Announces New Online Filing Option for DACA Renewals

To transition further away from paper-based operations, U.S. Citizenship and Immigration and Services (USCIS) announced Tuesday, April 12, that those who previously received deferred action (i.e., protection from deportation) under Deferred Action for Childhood Arrivals (DACA) may now file their DACA renewal forms online (see USCIS News Release here). This announcement is welcome news for …

Form I-9 Alert – USCIS Designates I-94s with New Admission Codes For E and L Spouses as List C Documents… What?

After the United States (U.S.) Citizenship and Immigration Services (USCIS) recognized that E and L nonimmigrant spouses are entitled to work in the U.S. “incident to status” on November 12, 2021, a new Category of Admission (COA) codes were created for use in issuing Forms I-94. And on March 18, 2022, USCIS updated its Policy …

Form I-9 Update – L and E Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?

During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the litigation settlement (Settlement) reached in Shergill, et. al. v. Mayorkas announced on November 12, 2021. The Settlement will finally recognize that spouses …

U.S. Land Border Reopens to Non-Essential Vaccinated Travelers November 8

Monday, November 8, marks a reopening of international air travel for vaccinated foreign nationals as well as entry to the United States (U.S.) via the land border for non-essential vaccinated foreign visitors due to a recent announcement by the U.S. Department of Homeland Security (DHS).  This change marks the first time since March of 2020 …

Facebook Discrimination Settlement and the Future of PERM Recruitment

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 …

COVID-19 Vaccinations Lead to November 8 Reopening of U.S. to Foreign Travelers and Land Border Restriction Modifications

According to various news reports, a White House official stated that foreign travelers subject to the various travel bans will be able to enter the U.S. as of November 8 without obtaining a National Interest Exception (NIE) due to their presence in restricted countries in the fourteen days before planned travel to the U.S., if …

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 …