Department of Homeland Security Update – This update reflects some of the best news from DHS as U.S. Citizenship and Immigration Services (USCIS) announced it may reopen and/or reconsider its denial decisions of Form I-129, Petition for a Nonimmigrant Worker, proceedings that were based on three recently rescinded policy memos. USCIS is expected to use
With the challenging times for nearly everybody, uncertainty for immigrants is easily at its highest. This brief guidance is not intended as exhaustive legal advice; rather, it is a starting point for a few “what if” situations you or your sponsored workers may encounter. Please remember that specific factual situations require case-by-case analysis to ensure
H-1B Registration To Open Soon for FY2022 Cap-Subject H-1B Petitions The beginning of the new cap-H-1B petition filing season with the U.S. Citizenship and Immigration Services (USCIS) is upon us. USCIS will once again be using the H-1B registration process implemented last year to select the H-1B petitions. Instead of the prior process requiring preparation
U.S. Citizenship and Immigration Services Deadlines Due to the ongoing pandemic, U.S. Citizenship and Immigration Services (USCIS) had previously extended deadlines for responses to the government’s notices such as requests for evidence (RFEs), Notices of Intent to Deny, Revoke, Rescind, and Terminate proceedings, and filing dates for requests for a hearing, appeal, and related motions.
Recent reports have indicated that I-485 applications may be placed on hold due to President Trump’s April 2020 Presidential Proclamation. On June 12, 2020 a reporter stated that USCIS claims the basis of “the hold on processing green card applications from current U.S. residents stems from the temporary suspension of in-person services during the COVID-19
As U.S. states are reopening and many are back to business, many U.S. and foreign nationals are starting to plan business and leisure travel abroad. Importantly, however, the U.S. travel ban put in place via presidential proclamation in March 2020, still is in effect and prohibits entry into the U.S. of all foreign nationals who
On April 22, 2020, President Trump signed an executive order pertaining to suspension of entry of immigrants into the U.S. during the period of post-COVID-19 recovery. The executive order significantly limits ability of immigrants (i.e., individuals intending to permanently immigrate to the U.S.) to enter this country over the following 60 day period unless they
Nonimmigrant Status Management at Times of COVID-19 Lay-Offs and Satisfactory Departure • Individuals on employment-based work visas (H-1Bs, TNs, E-1s, E-2s, E-3s, O-1s, L-1s) who are suddenly laid off due to the impact of COVID-19 can still afford themselves a one-time 60 day grace period to change status to another employer-sponsored visa or apply for
The Department of Homeland Security (DHS) has relaxed the employment verification requirements with COVID-19 and social distancing requirements for employers who are operating solely remotely. Specifically, DHS will exercise discretion with the physical inspection requirement of the employee’s identity and employment authorization documents by allowing the employer to inspect the Section 2 documents remotely (via
H-1B Workers: Worksite Changes at Time of COVID-19 If you are employing H-1B professionals, you probably recall posting notices concerning their employment at the intended worksites with your company, and are likely aware that H-1B employment is not only employer-, but also location-specific. In these uncertain times of COVID-19 related business changes, do you have