Oct 15, 2021
The Biden Administration has designated November 8, 2021, as the official end of the COVID-19 Travel Restrictions for fully vaccinated foreign nationals. Noncitizens will be able to travel to the U.S. via land, sea, and air from November 8th onward. Follow-up information will be necessary as the specific requirements for testing and procedures for those who are not vaccinated is published. Learn more in this blog.
Oct 5, 2021
The Department of State announced on their website that the online registration for the 2023 Diversity Visa Program is set to open on Wednesday October 6, 2021 at 12:00 noon, (EDT), and will close on Tuesday November 9, 2021 at 12:00. The Department has also published its website the DV-2023 Program Instructions. Learn more in this blog.
Oct 1, 2021
Secretary of Homeland Security Mayorkas, with Secretary of State Antony Blinken released a statement on Tuesday announcing Croatia as the newest participant in the Visa Waiver Program. Learn more in this blog.
Sep 29, 2021
In a statement released September 3, 2021, USCIS stated that it would extend the validity period for extensions of status for certain petitions to remove conditions of residency. Specifically, the agency is extending the time that receipt notices of properly filed Form I-751 (Petitions to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) can be used to show evidence of status while their cases remain pending with USCIS.
Sep 21, 2021
The Biden Administration is preparing to set aside the COVID-19 Travel Restrictions for fully vaccinated foreign nationals. By mid-November, many noncitizens may be able to travel to the U.S. with vaccination proof and a negative COVID-19 test. Foreign travelers who are not fully vaccinated will likely remain subject to Travel Restrictions and may find it more difficult to get COVID-19 waivers. Learn more.
Sep 17, 2021
On Wednesday, a California federal judge struck down a controversial Trump-era rule which aimed to change the H1-B lottery system from the current random selection process to one based upon prioritizing those with higher salaries. U.S. District Judge Jeffrey White joined a growing list of federal judges who have found that former Acting Secretary of Homeland Security Chad Wolf was not lawfully appointed as Acting Secretary, and therefore lacked any authority to implement the new January 2021 rule. Learn more in this blog.
Sep 17, 2021
Understanding the important contributions foreign nationals make to college and university campuses, The Department of State (DOS) announced on September 14th, 2021 that Consular officers are authorized to expand the categories of F, M, and “academic J visa applicants” eligible to be waived from the in-person interview with certain exceptions. Learn more in this blog.
Aug 23, 2021
While the push for complete immigration reform is slow-going in Congress, with some bipartisan effort, there may be hope for the next letter in the alphabet to make its way into U.S. Immigration Law: the W-1 visa. Learn more in this blog.
Aug 20, 2021
Congratulations to Jonathan Grode, Green and Spiegel’s U.S. Practice Director and Managing Partner, who has been recognized once again by his peers as a top talent in Immigration Law. He will be featured in The Best Lawyers in America© 2022 Edition. This is Jonathan’s second time receiving this award.
Aug 2, 2021
For applicants who timely filed Form I-765 Application for Employment Authorization for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 and treat it as if filed on the original filing date as long as the application was originally filed timely and received by USCIS on or after October 1, 2020, through October 31, 2021 and the application was subsequently rejected. Learn more.
Aug 2, 2021
US Citizenship and Immigration Services (USCIS) announced on July 29, 2021 that it conducted a second round of H-1B registration selections for the Fiscal Year 2022 H-1B Cap. Registrations selected through this lottery will be eligible for H-1B petitions to be filed on their behalf. USCIS also announced that the H-1B petition filing window for these selections is open from August 2, 2021 through November 3, 2021. Learn more.
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.