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 …
H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023
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, …
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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 …
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USCIS Makes COVID-19 Signature Policy Permanent
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, …
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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 …
Travel Restrictions and New Requirements for Air Travel
Just as the world breathed a sigh of relief for the easing of almost 18 months of travel restrictions, just as quickly did the feelings of dismay wash over viewers when it was revealed in Empire Strikes Back that Vader was Luke’s father, in one of the greatest plot twists in cinema. In a similar …
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