Blogs

The U.S. Department of State plans to restart a program allowing nonimmigrants to renew their visas from within the United States rather than travel abroad to revalidate their visas at a U.S. consulate. Expected later this year, it will begin with a test pilot program with certain H and L visa holders, and is meant to alleviate significant visa application…Read More

In past years (2015 through March 2019), H-4 and L-2 dependents who filed their petitions simultaneously with their spouse’s/parent’s H-1B and L-1 were assured to have their petitions adjudicated concurrently. Indeed, concurrent adjudication was assured, even if the H-1B/L-1 petition was filed with premium processing. There was no independent premium processing for H-4 and L-2 petitions. However, on or about…Read More

The Employer Sponsored Green Card has three (3) steps. Our office divides them into two (2) processes – The PERM Labor Certification & I-140 (commonly referred to as EGC) and the Adjustment of Status to Lawful U.S. Permanent Resident (commonly referred to as AOS). EGC When U.S. employers sponsor applicants for certain green cards, regulations of the Employment and Training…Read More

A U.S. software company recently filed a federal complaint that highlights the conflict between state and federal laws regarding the growth, production, distribution, and sale of marijuana and its related products. As of October 2022, marijuana is legal for recreational use in 19 states and legal for medical use in 37 states – but marijuana is NOT legal under federal…Read More

U.S. Citizenship and Immigration Services is extending our temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status). The waiver was originally effective until Sept. 30,…Read More

Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension.…Read More

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