Jul 23, 2021
US Citizenship and Immigration Services (USCIS) announced on July 20, 2021 a new policy regarding Change of Status (COS) to the Nonimmigrant Student (F-1) visa classification. The new policy eliminates the need to document maintenance of nonimmigrant visa status up until the approval date of the COS to F-1 student visa status. Learn more in this blog.
Jul 9, 2021
On Tuesday July 6, 2021, the U.S. Department of State issued guidance extending the validity of National Interest Exceptions (NIEs) given to travelers through U.S. embassies and consulates abroad. Learn more in this blog.
Jun 30, 2021
Congratulations to Amy Jill Novak, Mountain West Practice Director at Green and Spiegel LLC, who was just named Vice Chair of the American Immigration Lawyers Association Department of Labor Liaison Committee’s H-2 Section! Amy has been a member of AILA’s Department of Labor Liaison Committee H-2B Visa Committee since 2019. Learn more in this blog.
Jun 22, 2021
On Friday, June 18th, as hoped, members of the European Union voted to add the United States to their list of countries to lift pandemic-related travel restrictions! Although this is an important step forward, please note that all travel restrictions for incoming US travel from Europe remain unchanged until further notice. Learn more in this blog.
Jun 17, 2021
In a reversal from USCIS’ usual opaqueness on the H-1B Cap Process, the Service recently offered insights into exactly how many H-1B Cap Registrations have been selected since the new filing system went into effect in March 2020. Learn more in this blog.
Jun 16, 2021
On June 16th, 2021, reports from the European Union suggest that they will recommend that member countries remove restrictions on non-essential travel for United States citizens, with a formal vote on same expected to occur on Friday, June 18th. Learn more in this blog.
Apr 21, 2021
After considerable pressure from small business owners and H-2B industry supporters, DHS has agreed to release an additional 22,000 H-2B visas, with 6,000 of those visas being earmarked for workers from Northern Triangle countries (Honduras, El Salvador and Guatemala). According to DHS, employers wishing to obtain workers through this visa release will have to conduct additional advertising, and explain how their businesses will suffer without these workers. Learn more in this blog.
Apr 13, 2021
On April 12. 2021 USCIS announced that F-1 students can now file Form I-765 Application for Employment Authorization online when applying for Pre-Completion OPT, Post-Completion OPT, or a 24-month OPT STEM extension. Learn more in this blog.
Apr 7, 2021
Presidential Proclamation 10052, suspending H-1B, H-2B, J and L admissions, expired March 31, 2021. Ongoing 2019 novel coronavirus (“COVID-19”) public health travel restrictions remain in place requiring travelers from certain areas to qualify for national interest exceptions. U.S. Consulates are still operating at reduced levels and will have to work through backlogs as the pandemic ends. Learn more in this blog.
Mar 23, 2021
Restrictions on U.S. – Canadian border travel will continue for at least another month. It is possible to fly from Canada to the United States. Those flying into the U.S. must have a COVID-19 test and may need advance permission. Learn more in this blog.
Mar 10, 2021
The Biden Administration announced it will no longer support or defend appellate challenges to theUnited States Citizenship and Immigration Service’s (“USCIS”) public charge rule. The public charge rule, previously announced by USCIS in 2019, states that a foreign national may be denied admission to the United States or adjustment of status to that of a Lawful Permanent Resident if they have received government-issued public benefits such as cash or medical assistance. The rule was clearly a thinly veiled attempt by the prior administration to deny immigration benefits to low-income individuals.
Mar 9, 2021
The Biden Administration has announced that it will offer Temporary Protected Status (TPS) to an estimated 300,000 Venezuelans living in the United States. Secretary of Homeland Security, Alejandro Mayorkas, announced the designation on behalf of the Administration, authorizing TPS for eighteen months, or until September of 2022. Learn more in this blog.
Mar 5, 2021
On March 2, 2021, the U.S. Department of State (DOS) implemented more restrictive policies, generally barring business travelers who have been in Ireland, the Schengen Area, and the U.K.
Obtaining National Interest Exceptions (“NIE”) to those travel restrictions is likely to be far more difficult and time-consuming.
Quarantining in a third country continues to be a good alternative to applying for an NIE.
Mar 1, 2021
On February 26, 2021 USCIS announced flexibilities for certain F-1 students in the filing of Form I-765, Application for Employment Authorization (EAD) for Optional Practical Training (OPT). This is due to the substantial delays in issuing receipt notices at certain USCIS lockboxes where these applications are filed. These flexibilities only apply to I-765 forms received by USCIS on or after October 1, 2020 through May 1, 2021. Learn more in this blog.
Feb 25, 2021
On February 24, 2021, the Biden Administration issued a Presidential Proclamation that reversed President Trump’s EO that, for more than 10 months, has prevented many foreign nationals physically outside the United States from obtaining an Immigrant Visa which, upon issuance and admission to the United States, would automatically convert the individual to a U.S. Lawful Permanent Resident (“LPR”). Passed under the guise of protecting the U.S. workforce since LPRs are permitted to accept any and all forms of employment, in effect, the ban served to keep close family members of U.S. Citizens and Permanent Residents, diversity visa lottery winners, key employees, and others from obtaining the Immigrant Visa that would permit them to assume LPR status. Learn more in this blog.
Feb 24, 2021
On February 24, 2021, the U.S. Citizenship and Immigration Service (USCIS) announced that it would immediately provide the option of Premium Processing for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification, which applies only to Australian nationals coming to the U.S. to perform services in a specialty occupation. The USCIS premium processing service allows petitioners to pay an additional filing fee of $2500 to ensure a government response within fifteen days. Until now, this service was not available for the E-3 category. Learn more in this blog.
Feb 23, 2021
On February 22, 2021, the Supreme Court agreed to hear arguments and determine the legality of the Trump Administration’s immigration rule that bars individuals from receiving residency if they previously received public benefits. The rule is commonly referred to as the “public charge rule.” Legal challenges to the rule have wound their way through the federal court system and now the final decision about the validity of the public charge rule rests with the Supreme Court. Learn more in this blog.
Feb 19, 2021
The Biden Administration has ordered the Department of Homeland Security to review and update policies related to enforcement guidelines. As an initial step, U.S. Immigration and Customs Enforcement has released new guidance on immigration enforcement and removal categories. The enforcement priorities are divided into three main categories. Learn more in this blog.
Feb 5, 2021
President Joe Biden wasted no time when, on February 2nd, just two weeks after taking office, he followed through on some of his campaign promises through three executive orders aimed at dismantling the Trump administration’s ‘America First’ immigration agenda. The three orders bring the total number of executive orders on immigration to nine in just two weeks since he’s been in office. Learn more in this blog.
Jan 29, 2021
On March 30, 2020, in response to the global COVID-19 pandemic, the U.S. Citizenship and Immigration Service (USCIS) announced that it was adopting measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) and other filings. USCIS announced that these same flexibilities have been extended for an indeterminate period of time. Learn more in this blog.