On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4 and L-2 dependent spouses. In addition, …
Tag: Immigration Law
Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a year, resulting in the existing EAD …
PERMission to Hire Foreign Workers: New Factors to Consider in PERM Recruitment Obligations in light of Facebook Settlement
Last week, the U.S. Department of Justice and Facebook settled a U.S. worker discrimination lawsuit involving the recruitment practices of the social media giant in its sponsorship of foreign workers for permanent residence. At the same time, the U.S. Department …
White House Announces Ease on Travel Restrictions For All International Travelers Coming into United States
On September 20, 2021, the White House announced plans to ease COVID-19 travel restrictions on international travelers coming to the United States. Beginning in early November 2021, the White House will rescind the current geographic-related travel bans imposed on certain travelers from China, Iran, the Schengen Area, United Kingdom, Ireland, Brazil, South Africa, and India.
Posted September 13, 2021 with Tags Immigration Law
Extension of TPS On September 10, 2021, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing the extension of Temporary Protected Status (TPS) designations and TPS-related documentation (EADs, Forms I-94, and Forms I-797) for El …
Validity of National Interest Exceptions Extended to 12 Months and Multiple Entries for Travelers from Certain Countries
On June 29, 2021, the U.S. Department of State extended the validity of NIEs for travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India. This extension applies to NIEs granted in the last 12 months). Under the new policy, NIEs will be valid for 12 months from the date of approval and for multiple entries, so long as the NIE is used for the purpose stated in the original approval.
Biden's recent proclamation restricts travel to the United States of noncitizens who have been physically present in India within 14 days of their entry or attempted entry into the United States.
On March 2, 2021, the U.S. Department of State announced unexpectedly that, effective immediately, it has rescinded a previous policy on categories of business travelers and nonimmigrant workers eligible for National Interest Exceptions (NIEs) to Presidential Proclamation 10143, which restricts travel from the European Schengen Area, the United Kingdom, and Ireland. The new policy will indeed make it more difficult for business travelers and nonimmigrant workers to obtain permission to travel to the United States.
The Department of Homeland Security (DHS) announced it would extend its COVID policy of deferring the physical presence requirements associated with Form I-9, Employment Eligibility Verification. The policy, instituted at the beginning of the pandemic, was set to expire on January 31, 2021, but has been extended to March 31st of this year.
Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority
Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include reversing Executive Orders issued by the Trump Administration, withdrawing certain pending regulations, delaying the implementation of regulations made by the Trump Administration post-election, and pushing forward a legislative overhaul of the current immigration system. These actions and proposals signal that modernizing the current immigration system will be one of the top priorities of the new administration.
The order will go into effect at 12:01 a.m. EST (5:01 a.m. GMT) on January 26, 2021. After going into effect, this order replaces a previous order currently in effect and expands UK pre-departure COVID-19 testing requirements to all U.S.-bound passengers flying in from foreign countries.
DHS Extends Temporary Protected Status Benefits for El Salvador, Nicaragua, Sudan, Honduras, and Nepal Nationals
The Department of Homeland Security (DHS) announced on December 9, 2020, an extension of the Temporary Protected Status (TPS) designation for El Salvador, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. TPS is a temporary status that allows nationals of designated countries to remain and, in some cases, work in the United States until it is considered safe to return to their home country.
Federal Judge Strikes Down Two Rules that Impose Restrictions on U.S. Employers who Sponsor Foreign Workers
At issue was whether or not the Administration was justified in its determination that the COVID-19 pandemic provided a good cause exception to Section 553(b) of the Administrative Procedure Act, which requires a proper public notice and comment period before a rule can be implemented. The court decided that it was not.
The Premium Processing Roller Coaster: What is the Fee Now, and Has it Been Expanded to Other Types of Immigration Benefit Requests?
The short answer is that the premium processing fee increased to $2,500 effective October 20, 2020, for all eligible I-129 and I-140 filings (except for H-2B and R-1 requests that increased to $1500), based on the Emergency Stopgap USCIS Stabilization Act that was part of the Continuing Appropriations Act 2021 and Other Extensions Act signed into law on October 1. Although the Act gives U.S. Citizenship & Immigration Services (USCIS) authority to expand premium processing to other types of benefit requests, the agency recently said it is not yet taking that action. In other words, USCIS has not yet applied premium processing to I-765, I-539, or the other new benefit requests.
With just days before a sweeping fee increase set to take place, a California federal judge stayed the implementation and the effective date of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.
America’s immigration system is based on a quota system. This means that there is a limited number of permanent resident visas available each year, with limits per category and per country. This article will focus on the employment-based categories only.
The Emergency Stopgap USCIS Stabilization Act and What USCIS Furloughs Could Mean for U.S. Businesses
On Saturday, August 22, 2020, the House of Representatives passed H.R. 8089, the Emergency Stopgap USCIS Stabilization Act, in an attempt to forestall the impending U.S. Citizenship & Immigration Services (USCIS) furlough of about 13,400 employees that is slated for August 30, 2020. The bill will now go before the Senate, where its sponsor and co-sponsors hope for a quick passage soon.
Posted August 20, 2020 with Tags Immigration Law
As a result of delays in the issuance of Employment Authorization Documents (or EAD cards), the agency announced that employees may use—and employers must accept—form I-797 Notice of Action that indicates the approval of Form I-765 (Application for Employment Authorization Document) in lieu of the actual EAD card, provided that the I-797 is dated between December 1, 2019, and August 20, 2020.
Posted August 5, 2020 with Tags Immigration Law
The new DHS fee rule, which goes into effect on October 2, 2020, the U.S. Citizenship and Immigration Services will change the filing fees for the vast majority of employment-based petitions and applications filed with that agency.
The current administration has sought to expand the types of benefits that would give cause to believe that an individual is primarily dependent on the government for subsistence, and, thus, inadmissible under U.S. immigration law.