COVID-19Department of Homeland Security

Department of Homeland Security Update

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.

Department of Homeland SecurityH-1B

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has announced it will be bringing back expedited processing (i.e., Premium Processing) option for the Form I-129, Petition for a Nonimmigrant Worker-based filings and Form I-140, Immigrant Petition.  Importantly, the return of Premium Processing will be gradual and proceed in phases over the month of June.  Effective June 1,

COVID-19Emergency Immigration Alert

Immigration Update: COVID-19 Pandemic

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

Department of Homeland Security

DHS Update

As the H-1B annual lottery is upon us and the government is busy implementing the new electronic registration system for the capped H-1B filings, proceed with caution. The USCIS’s database is now “live” for both attorney and employers’ account creation for subsequent lottery registration. Be sure to coordinate account creation with your immigration legal counsel

Department of State

Department of State Update

Importantly, effective November 3, 2019, Department of State (DOS) offices abroad were going to start implementing the new health insurance requirement for permanent immigration (Green Card) applicants undergoing Consular Processing at U.S. consulates.  Under this new adjudication criteria, a U.S. consular officer would be able to deny an immigrant visa benefit to an individual without

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has started implementing their policy memorandum pertaining to the broader use of Notices to Appear (NTAs) in immigration court. USCIS may now issue NTAs to applicants who receive a denial on a petition that affects their U.S. immigration status. USCIS will send denial letters and provide details on how

Department of Homeland Security

DHS Update

A U.S. Citizenship and Immigration Services (USCIS) policy memorandum concerning accrual of unlawful presence for foreign students and exchange visitors (F, M, and J nonimmigrants) recently became effective. While, previously, most foreign students only started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another

Department of Homeland Security

DHS Update

Starting September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) will be expanding the temporary suspension of premium processing (currently only applicable to cap-subject H-1B petitions) to include certain additional H-1B petitions. The premium processing suspension for the affected H-1B petitions is expected to last until February 19, 2019. The only H-1B petitions for which

Department of State

DOS Visa Bulletin

The September 2018 DOS Visa Bulletin “Final Action” chart contains important updates. The September Visa Bulletin for employment-based cases became effective August 9, 2018, due to high demand of immigrant visa numbers in the EB-2/EB-3 Worldwide, El Salvador, Guatemala, Honduras, Mexico, and Philippines preference categories. The DOS states that the increased demand for immigrant visa

Department of Homeland Security

DHS Update

The later part of July brought two major immigration developments that affect U.S. businesses and foreign nationals. The United States Citizenship and Immigration Service (USCIS) has recently issued a memorandum pertaining to the government’s policy on the Requests for Evidence (RFEs) issuance for petitions and applications for various immigration benefits. While the practice of the