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 …
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 Expands Credit Card Payment Pilot Program
After years of testing its pilot program, USCIS recently announced an expansion of credit card payments to most USCIS forms. Because the vast majority of forms and other filings require payment of fees that are often substantial, this expansion will give employers, foreign nationals, and attorneys alike much more flexibility. Which Applications and Petitions Qualify …
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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 …
USCIS Decouples EAD Card and Advance Parole Travel Documents to Speed EAD Card Processing for Adjustment Applicants
Without a formal news release, U.S. Citizenship and Immigration Services (“USCIS”) started prioritizing pending requests for employment authorization (Form I-765) by adjustment of status (“AOS”) applicants (often referred to as “green card applicants”). Later, the USCIS posted an alert that to “improve efficiency and reduce Form I-765 processing times” for pending AOS applicants, effective February …
Switching from EB-3 to EB-2: USCIS Encourages “Transfer of Underlying Basis” for Eligible Applicants
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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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 …
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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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