Employers May File H-2B Petitions for Returning Workers This Year
USCIS is announcing today that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers. A…
Second Chance for Denied H-1B Petitions During Trump Administration?
During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law. The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication…
USCIS Extends Time to Respond to Requests for Evidence and Other Case Requests Due to Pandemic, Once Again
On December 18, 2020, USCIS issued a new notice, adding to a previous notice, extending the period of time individuals can respond to certain requests. The notice states: USCIS Extends Flexibility for Responding to Agency RequestsIn response to the coronavirus (COVID-19)…
Benefits of an Adjustment of Status (Green Card) Application
As defined by the USCIS, adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. If you are qualified…
Congress Greatly Expands Premium Processing For Immigration Applications
The Continuing Appropriations Act, 2021, and Other Extensions Act gives the United States Citizenship and Immigration Services (USCIS) access to premium processing funds to pay for operational expenses. The Act authorizes premium processing services to employment-based nonimmigrant petitions and associated…
Federal Court Blocks Trump Administration from Implementing Public Charge Rule During Pandemic
On Wednesday, July 29, a Judge in the Southern District of New York ruled that the public charge rule could not be implemented during a national emergency declaration. The public charge rule is explained in a former blog post as…
Trump administration rescinds foreign students rule
In response to several lawsuits, the Trump administration backs down from its proposed policy to invalidate student visas for those attending online only courses dues to the COVID-19 pandemic. Here is the article about this recent development written by John…
Trump’s Proclamation Suspends H-1B, H-2B, J-1, and L-1 Visas for Applicants Outside the U.S.
The most recent executive order which attempts to reduce immigration to the U.S. was issued late this afternoon, June 22, 2020. With some exemptions, it suspends the “entry into the United States of any alien seeking entry pursuant to” an…
Visa backlog grows in August, causing longer delays for many green card applicants
The Department of State has posted the visa bulletin for August 2019. Almost all employment based (EB) green card categories are now experiencing backlogs which are expected to continue through September. In October, a new round of immigrant visas become…
Visa Bulletin Trends for Employment Based Green Cards
Each month, the American Immigration Lawyers Association (AILA) checks in with Charlies Oppenheim, who is the Department of State (DOS) official responsible for managing the visa bulletin. Here are AILA DOS Liaison Committee notes of its most recent monthly “check-in”…
