EAH Immigration Blog

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...

The 2023 Diversity Visa (DV) Lottery program began on October 6 and is open until November 9 at 12 noon EST. The DV Lottery permits natives of low immigration countries to apply for the immigrant visa (Green Card) program, a program that was designed to help diversify the pool of immigrants...

As of September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751 (Petition to Remove Conditions on Residence), or Form I-829 (Petition by Investor to Remove Conditions on Permanent...

USCIS announced that, effective October 1, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693 (Report of Medical Examination and Vaccination Record). This update is in accordance with the CDC’s August 2021 update...

In a recent settlement agreement, Facebook agreed to pay a civil penalty of $4.75 million to the United States, and pay up to $9.5 million to eligible victims in response to a complaint filed by the Department of Justice alleging that it intentionally discriminated against U.S. citizen workers by designing a...

As 2021 comes to a close, we are looking back on some of the year’s successes, including the naturalizations of many clients like Miatta below! We are so honored to have been a part of your journey. Thank you for trusting EAH to represent you!  

DHS recently called for improved working conditions of the American worksite with undocumented workers in mind. In its Worksite Enforcement Memo, DHS highlighted the unsafe and unfair working conditions to which undocumented immigrants are often subject. These include getting paid substandard wages, unsafe working conditions, and fear of employer retaliation. To...

Nationwide, millions of families, businesses, and individuals applying for immigration benefits are waiting longer for USCIS to process and approve applications and petitions. Based on previously available USCIS data, in 2014, an average case took about five months to process. In 2020, an average case took more than nine months. Those...

We are proud to share that the 2022 edition of Best Lawyers in America was recently released, and EAH received “Best Law Firm” honors for the fifth consecutive year!  We are also pleased to announce that Camila Palmer, David Harston, Koby Polaski, Courtney Butler, and Phil Alterman received “Best Lawyers” honors. ...

On September 20, 2021, the President announced that beginning November 8, the United States will lift the travel ban for certain countries (China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, and India) and instead require proof of vaccination for all foreign travelers. Unlike the old rule that...