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 …

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 …

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 …

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain temporary work authorization is through the H-1B category, which is subject to an annual cap. Due to the restricted number of H-1Bs available each …

Premium Processing Today: Answers to 5 Key Questions

On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers in the U.S. Now, applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status can seek …

USCIS Updates Guidance for “Compelling Circumstances” EADs – Key Takeaways and a Call for Reform

On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy guidance is welcome news for the small contingent of individuals eligible for “compelling circumstances” (C35) employment authorization documents (EADs), as previously strict standards for C35 EADs translated …

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 …

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, …

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 …

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 …