Legal News

Practice Pointer: Physical Inspection of Form I-9 Documents for Forms Prepared during Temporary Virtual COVID I-9 Flexibilities Must be Completed by August 30, 2023

U.S. employers are required to verify the identity and employment authorization of individuals they hire using the Form I-9. After being offered employment, on or before the first day of employment, employees complete Part 1 of Form I-9. Within three business days of the start of employment, employees provide original documents to prove their identity and authorization to work. Employers review the employees’ documents and complete and sign Part 2

Compelling Circumstances Employment Authorization Document (EAD)

1. What is a compelling circumstances EAD? A Compelling Circumstances Employment Authorization Document (EAD) is a special type of work permit issued by the U.S. Citizenship and Immigration Services (USCIS). It allows certain non-U.S. citizens with approved I-140; specifically, those on H-1B/L-1/E-3/O status from countries like India/China that have an extensive backlog of Employment based Immigrant visas, to work in the United States temporarily. If granted, these workers do not

If you are an entrepreneur and an Investor looking to pursue your dream of doing temporary

What is an E-2 Visa? E-2 Visa is a non-immigrant visa that allows a national of Treaty country(a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) admission in the United States when investing a substantial amount of capital in a bona fide business in

P3 ARTISTS OR ENTERTAINERS COMING TO BE A PART OF A CULTURALLY UNIQUE EVENT IN THE UNIT

1. What is a P-3 Visa? The classification applies to people coming temporarily to perform, teach or coach as artists, entertainers, individually or as a part of group, under a program that is culturally unique. The recipient of the visa can also develop, teach, a unique or traditional, ethnic, folk, musical, theatrical, or artistic performance which is culturally different and local to their region or country. Additionally, the individual or

USCIS Announces new procedures for obtaining Alien Documentation, Identification and Telecommunication (ADIT) Stamp

On March 16, 2023, USCIS announced a new procedure to obtain ADIT stamps, which constitute temporary evidence of permanent residence, typically issued while Form I-90, I-751, or N-400 applications are pending. This new procedure is due to USCIS’s delays in processing these applications. Under the prior procedure, residents were required to call the USCIS Contact Center, request an InfoPass appointment, wait for that appointment to be scheduled, and then attend the appointment

USCIS Announces End of COVID-Related Flexibilities

Release Date: 03/23/2023 U.S. Citizenship and Immigration Services today announced that certain flexibilities it first announced in March 2020, to address the COVID-19 pandemic will end on March 23, 2023. USCIS previously notified the public in its Jan. 24, 2023, announcement that barring any changes presented by the pandemic, the extension of these flexibilities announced on Jan. 24 would be the last. You must respond to any notices or requests from USCIS

Fiscal Year 2023, Employment – Based Adjustment of Status.

The United States Citizenship and Immigration Services (USCIS) announced that the employment-based (EB) annual limit for the Fiscal Year (FY) 2023, would be higher than that which was typically expected before the pandemic. They have also indicated that the intake maybe possibly lower than that in Fiscal Year 2021 and Fiscal Year 2022. In consideration of the same, they intend to utilize all of the available employment-based visas for the

Revocation of ACICS Accreditation

On August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.This decision by the ED immediately affects individuals who are currently engaged in the following two immigration-related student programs: English language Study Programs. F-1 Students applying for a 24-month science, technology, engineering, and mathematics (STEM) option practical training (OPT) extension. IMPACT

Alert: Erroneous H-1B SEVIS Termination

Some F-1 students are seeing their SEVIS Records erroneously terminated due to a Change of Status adjudication by USCIS, when, in fact, there was a “Consular Notification” decision instead. Those affected F-1 status holders should request that their schools’ DSOs/AROs or program officers reach out to the SEVIS Help Desk at USICE/SEVP to have this mistake corrected. The DSO/ARO or program officer can send a PDF of the approval

TERMINATING A FOREIGN WORKER? A Few Considerations

(H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, O-1) Terminating an employee is always a difficult decision. The situation becomes more complex and has additional challenges when foreign workers are concerned. The employers must comply with federal regulations and could face consequences if the foreign worker is not terminated properly. It is advisable to consult with both an immigration attorney and employment attorney before taking any action. Notification of Termination Termination of

USCIS recommends immediate (EB-3 to EB-2) interfiling (if eligible)

USCIS has released a statement on January 21, 2022, confirming that there are an exceptionally high number of employment-based visas available for this fiscal year (October 2021 through September 2022). Many more visas are available in the EB-1 & EB-2 categories compared to the number of AOS applications that are currently pending with USCIS. Hence, USCIS recommends that individuals who have the option of interfiling based on EB-2 (I-140) to

Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas

Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas Ref: News Update from Depart of State – Bureau of Consular Affairs 12/23/2021 The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

USCIS has recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, USCIS selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. H-1B cap-subject petitions must be properly filed

Q&A on New H-4 EAD and L-2 EAD Regulations

I have a valid L-2- I-94. Do I need to apply for L-2 (EAD) in order to work in the US? In response to a class-action lawsuit filed by various H-4 & L-2 individuals in the Western District of Washington, USCIS has entered into a settlement agreement (dated November 10, 2021). Based on this settlement agreement, USCIS will issue a formal notification allowing persons with valid L-2 (I-94) to work

Transfer of preference category of a pending I-485 application (Interfile) & recent USCIS updates regarding the H-4 & L-2 EADs.

In the recent past, we have been receiving a lot of questions regarding the interfiling process, its eligibility requirements, advantages & disadvantages of going with an interfiling, etc. We are hopeful that this newsletter will answer most of your questions. What is interfiling? Interfiling is a process by which you make a formal request to the USCIS, asking them to consider a pending adjustment of status application (I-485) filed based