Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States

Green and Spiegel U.S. Blog

May 30, 2020

BREAKING: USCIS Will Resume Premium Processing as early as June 1, 2020

Quick Takeaways: • Phased roll-out will begin June 1, full return expected by June 22 when all H-1B Petitions, including Fiscal Year 2021 H-1B Cap Petitions, will resume Premium Processing. • Dates subject to change at USCIS’ discretion. Learn more in this blog.

May 14, 2020

USCIS Issues Temporary Policy Changes for Certain Foreign Medical Graduates Complying with J-1 Waiver Employment Obligation During the COVID-19 National Emergency

On May 11, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum introducing temporary policy changes regarding the full-time work requirement for H-1B foreign medical graduates who have received a J-1 waiver of the 2 year foreign residence requirement based on an Interested Government Agency (IGA) or through the Conrad State 30 Program. Learn more.

May 13, 2020

H-2B Nonimmigrants in the Country with Valid Status Are Allowed to Extend Their Stay Beyond Three Years During Pandemic

The Department of Homeland Security (DHS) is temporarily removing certain limitations on employers or U.S. agents seeking to hire certain H-2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and for certain H-2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay. Learn more in this blog.

May 12, 2020

Companies Can Use Some Expired Identity Documents in Completing Form I-9s

Last week (May 5, 2020) we wrote that executing a Form I-9, Employment Eligibility Verification (Form I-9) required a valid, current identity document. United States Citizenship and Immigration Services (USCIS) has modified the policy to permit employers to accept validly issued but expired List B identity documents during the pandemic as long as they record a valid replacement document after the pandemic. Learn more in this blog.

May 12, 2020

The Quarantine Presents Restaurants with a Unique Opportunity to Clean Up Their Form I-9s

The quarantine is creating havoc in the restaurant industry. Many places temporarily closed, others went to curbside pickup or delivery, and some have thrown in the towel. Those which switched to takeout during the quarantine may be off more than fifty percent, while some businesses accustomed to delivery already have seen an uptick in business. However, this chaos presents an opportunity to get restaurant management in better order. Learn more in this blog.

May 8, 2020

Fines, Penalties, and Budget Woes

Agencies feel starved for resources in even the best of times. There is always more work to do than the resources allow for. However, when budgets get tight, agencies turn their attention to eking more value out of core income producing operations. Given how tight budgets will be for all levels of government, we are expecting to see heavier fines and penalties. Learn more in this blog.

May 5, 2020

Executing a Form I-9 Requires an Identity Document, Even in a Pandemic

The question presented: “How can we complete a Form I-9 on someone without identification during the pandemic.” I found no specific document on this point. The short answer is that we can’t. Learn more in this blog.

May 1, 2020

ALERT – USCIS Announces 60-Day Extension of Deadlines for RFEs and other Agency Requests

Quick Takeaways: -If RFE, NOID, NOIR, Denial, or other Agency request issued between March 1, 2020 and July 1, 2020, may submit up-to-60-days beyond stated deadline or decision date. -New notices will not be issued. Learn more in this blog.

Apr 29, 2020

A New Form I-9 Employer Handbook (M-274) is Available and Now Is an Excellent Time to Proactively Access Compliance

Come May 1, 2020, employers are required to use the newest edition of the Form I-9, Employment Eligibility Verification and United States Citizenship and Immigration Services (USCIS) has now updated the Form M-274, Handbook for Employers. Among the updates are List B and List C document clarifications, additional information about “authorized representatives” in Section 2, and document expiration dates and extensions. Learn more in this blog.

Apr 24, 2020

UPDATE: USCIS Extends Suspension of Most In-Person Services through June 3, 2020

Appointments, Interviews, naturalization ceremonies, and other face-to-face interactions with the public are cancelled through June 3. USCIS will automatically reschedule and send out new notices to those affected. USCIS Service Centers remain operational. Learn more in this blog.

Apr 23, 2020

UPDATE - Executive Order to Prohibit Issuance of Certain Immigrant Visas for 60 Days

Effective 11:59 PM April 23, 2020 and for the next 60 days thereafter, some individuals outside the United States seeking an immigrant visa will be prohibited from processing that request. Suspension may be extended beyond 60 days, and measures to limit nonimmigrant visa processing may arrive next month. Learn more in this blog.

Apr 22, 2020

UPDATE: Trump Executive Order to Limit Issuance of Certain Green Cards

Less than 24 hours after his initial announcement that he would be signing an Executive Order to halt all immigration to the United States, President Trump announced on Tuesday afternoon that his forthcoming Executive Order would not, in fact, suspend all legal immigration to the United States. Instead, the Order, which is still being drafted and/or reviewed by government attorneys, will suspend the issuance of certain green cards for 60 days. Learn more in this blog.

Apr 21, 2020

Trump Announces Suspension of U.S. Immigration

In a late night tweet on April 20, President Trump announced that he would be signing an Executive Order to temporarily suspend immigration into the United States. The President’s rule via tweet fiat contained no details as to whom this Executive Order would affect, and the White House has yet to provide further clarification as to the Order’s content, timing, or legal justification. Learn more in this blog.

Apr 17, 2020

Monthly Update / Live Q&A: E3 Visa and Coronavirus (COVID-19)

Amy from Aussie Recruit and Jonathan from Green and Spiegel are hosting a 30 minute update on impacts to Visas caused by Coronavirus (COVID-19). Learn more about this event and register here.

Apr 8, 2020

USCIS Answers Common Questions about Form I-9S and E-Verify During the Pandemic

USCIS has created a document called “Questions and Answers Related to Temporary Policies for Form I-9 and E-Verify” with policy responses to the coronavirus pandemic. To assist employers during the pandemic, we have restated the most common occurrences here.

Apr 6, 2020

Proposed Lehigh County, PA Regulation Changes May Restrict GOVT Contract Bidding

Lehigh County, PA commissioners have introduced a regulation change which, if enacted, would limit which construction companies can bid for government contracts. Learn more in this blog.

Apr 6, 2020

Department of State Issues Automatic Two-Month Extension to Most J-1 Visa Programs

In light of international travel restrictions due to the COVID-19 situation, the United States Department of State (DOS) has granted an automatic two (2) month extension to J-1 Exchange Visitors under the Au Pair, Intern, Trainee, Scholar, and Specialist categories. Any J-1 program that had an expiration date between April 1 and May 31, 2020 will be granted a two-month extension in order to provide exchange visitors the opportunity to complete their programs and to continue to finalize travel plans to return home. Learn more in this blog.

Apr 3, 2020

OFLC Announces Electronic Issuance of PERM Labor Certification Documents and Releases FAQs on Impacts of COVID-19

The Department of Labor’s Office of Foreign Labor Certification (OFLC) remains fully operational amidst the COVID-19 pandemic and continues to process and issue prevailing wage determinations and labor certifications that meet all statutory and regulatory requirements. Learn more in this blog.

Apr 2, 2020

UPDATE: USCIS Prolongs Suspension of Most In-Person Services through May 3, 2020

USCIS appointments, interviews, naturalization ceremonies, and other face-to-face interactions with the public cancelled through May 3. USCIS will automatically reschedule and send out new notices to those affected. USCIS Service Centers remain operational. Learn more in this blog.

Apr 1, 2020

Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation”

A Rhode Island restaurant group challenged a USCIS denial and won H-1B “specialty occupation” status for its General Operations Manager, an Indian national, in federal court. Learn more in this press release.