Blog
Pursuant to https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html if a U.S. employer has any employees that were working in L-1 or H-1B status before departing the U.S., and are currently outside of the U.S., they should be exempt from Presidential Proclamation 10052, if the specific employee is returning to the U.S. “to resume ongoing employment in the United States in the same position with the…Read More
AILA states that it “has heard reports that USCIS may be selecting more H-1B registrations for the FY2021 cap as early as this week, and that a new H-1B filing period may be opening August 17 through mid-November, 2020.” This is potentially great news for U.S. employers, nonimmigrant students and nonimmigrants looking to change status to H-1B. Our law office…Read More
The USCIS Memos of August 9, 2018 (PM-602-1060.1) and May 10, 2018 (PM-602-1060) both titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” was enjoined nationwide on February 6, 2020 (See Guilford College v. Wolf, 2/6/20). On August 3, 2020, USCIS withdrew its appeal of the Court’s injunction in effect making the preliminary injunction permanent. This means that the application of duration of status (D/S) rules…Read More
The current USCIS Policy Manual defines “Inspection” as “the formal process of determining whether an alien may lawfully enter the United States. Immigration laws as early as 1875 specified that inspection must occur prior to an alien’s landing in or entering the United States and that prohibited aliens were to be returned to the country from which they came at no cost or penalty to the conveyor or vessel.[1] Inspections for…Read More
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the…Read More
The published Executive Order dated April 22, 2020, becomes effective at 11:59 P.M. EDT April 23, 2020. It is limited in scope as follows: (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who: (i) are outside the United States on the effective date of this proclamation; (ii) do not have…Read More
USCIS officers shall comply with the following guidance to determine whether periods of time spent by an H-1B nonimmigrant worker in a specialty occupation outside the United States (recapture time) will be recaptured: (A) Periods of Time Outside the United States that May Be Recaptured by an H-1B Nonimmigrant Worker in a Specialty Occupation . Because section 214(g)(4) of the…Read More
Depending on the technology that will be released to the foreign national worker in the course of employment, the employer may be required to obtain an export license from the Commerce Department’s Bureau of Industry and Security (BIS) or the State Department’s Directorate of Defense Trade Controls. The EAR and ITAR prohibit the release or “export” of controlled technology and…Read More
I Am In H-1B Status And I Was Laid Off/terminated/reduced Hours – Am I Eligible For Unemployment Insurance? It depends, as unemployment insurance is a joint state-federal program administered by each state through its own eligibility criteria and benefit amounts, but the state must follow federal guidelines. As such, there is not one answer to that question. Some states, such…Read More
B. Public Benefits Not Considered 1. Unenumerated Public Benefits The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:[20] Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI); Social Security; Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health…Read More
