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EAD CARD DELAYS

Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed.   As a result, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application …

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H-1B & L-1 Visa Abroad

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 …

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Accrual of Unlawful Presence or F, J, and M Nonimmigrants

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 …

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What does it mean to be “Inspected”

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 …

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