EAH Immigration Blog

USCIS announced an expansion of the premium processing service for certain pending Form I-140 petitions. The agency will now allow applicants who previously filed under EB-1C multinational executive and manager and EB-2 National Interest Waiver (NIW) categories to premium process their petitions. USCIS hopes that this change will help alleviate the...

On April 7, 2022, Ketanji Brown Jackson was confirmed by the Senate on a 53 to 47 vote, which will make her the first Black woman to serve as a Justice on the Supreme Court. Judge Brown Jackson’s well-rounded legal experience makes her unquestionably qualified for her seat. With nearly a...

The following is a summary of recent precedent setting decisions from the Board of Immigration Appeals (BIA), the appellate level immigration court. All of these cases involve the interpretation of criminal actions for immigration purposes. In Matter of Wong, 28 I&N Dec. 518, decided on March 30, 2022, the Board held...

With some case types taking exceedingly long for USCIS to adjudicate, and with other cases falling through the cracks, often attorneys get inquiries from individuals looking to get their cases “back on track,” and promptly decided. This column is meant to provide the latest information about this topic. USCIS recently updated...

On January 28, 2022, the Board of Immigration Appeals (BIA) issued a ruling in Matter of Laparra, holding that a properly served noncitizen has received sufficient notice of a hearing, even if that respondent was served a noncompliant “notice to appear” that did not specify the time or place of the...

A reminder that on May 4, 2022, DHS announced a temporary rule that increases the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days. This means that certain EAD applicants who timely file applications (Form I-765) to renew their employment authorization will receive an automatic extension...

On March 17, 2022, the Biden Administration announced that U.S. citizens living overseas with immediate family members, but have not yet filed I-130 petitions, may file at a local U.S. embassy or consulate to process the immigrant visa. Eligible immediate relatives consist of spouses, unmarried children under the age of 21,...

On March 21, 2022, USCIS reached a settlement that provides that until at least January 19, 2025, DHS should generally exercise prosecutorial discretion to reopen and dismiss removal orders for TPS beneficiaries who meet the following criteria: Currently possess Temporary Protected Status (TPS);Have a removal order issued by the Executive Office...

On February 7, 2022, DHS updated the validity periods for employment authorization documents (EADs) for certain immigration categories. Under the new guidelines, DHS extended the maximum validity period for first-time employment authorization documents to two years for asylees/refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners, or up to...

The Department of Homeland Security issued a Notice of Proposed Rulemaking on February 17, 2022, updating the Department’s application of the “public charge rule” using “fair and humane treatment” of foreign nationals requesting visas or green cards. The Department’s proposed rule would return to its longstanding interpretation of the “public charge”...

With the H-1B registration period now closed, USCIS will randomly select H-1B registrants for the 2023 fiscal year by March 31, 2022, for visas that become available October 1, 2022. Employers will have a 90-day window to complete and file the H-1B petition on behalf of the beneficiary if selected. The...

In an effort to improve our immigration system for highly skilled STEM workers, the Biden Administration recently announced several immigration policies that are designed to make it easier for STEM workers to qualify for O-1 nonimmigrant and NIW immigrant visas. USCIS Guidance for O-1 Petitions Focusing on STEM USCIS’s January 21,...

After a month of war and devastation from the Russian invasion, more than 3.6 million (and counting) Ukrainians have escaped their country and are seeking safety abroad. While the vast majority of refugees are now in Poland – some 2 million displaced people are being housed and cared for by Ukraine’s...

TPS Designated for Ukraine, Afghanistan, and South Sudan: On March 2, 2022, DHS announced its redesignation for Temporary Protected Status (TPS) for South Sudan for a period of 18 months. On March 3, 2022, and on March 16, 2022, DHS made its announcements for TPS designations for Ukraine and Afghanistan, which...

H-1B FY2023 Season: Time to Start Process Well in Advance of March 2022 Registration Deadline: Employers who seek to register their employees for the FY2022 H-1B lottery are encouraged to gather necessary documents now to avoid any delays in registering and processing your paperwork. Extension of Travel for U.S. Citizens with...

President Biden issued another travel ban  Proclamation on November 26, to be lifted on December 31. The ban suspending and limiting the entry of certain immigrants and nonimmigrants who were physically present in countries where the new COVID-19 variant, omicron, has been detected. Individuals who were physically present in Botswana, Eswatini,...

In early November, the USCIS announced new policies regarding employment authorization for certain H, E, and L nonimmigrant dependent spouses. First, these individuals are granted automatic extensions to their work authorization. Second, E and L spouses are granted work authorization “incident to status.” In other words, these individuals will not be...

In response to the processing delays caused by the COVID-19 pandemic, the USCIS announced that it is temporarily waiving the requirement that civil surgeons sign Form I-693 (Report of Medical Examination and Vaccination Record) no more than 60 days before an application seeking an immigration benefit is submitted. This policy change...

On December 23, DOS authorized consular officers to waiver through the end of 2022 the in-person interview requirement for those applying for H-1, H-3, H-4, L, O, P and Q visas. Such applicants must meet certain conditions: possess a petition approved by USCIS, apply for the visa in their country of...

Today, individuals, families, and U.S. businesses have experienced crisis-level immigrant and nonimmigrant visa backlogs and visa processing delays at the Department of State (DOS). These backlogs and delays have had significant consequences. Families have been separated. Individuals have lost their chance at the American Dream. U.S. businesses have been unable to...