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Board of Immigration Appeals Issues Narrow Holding Limiting Ability to Reopen Removal Orders

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...
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Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives

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,...
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Settlement Offers Pathway to Permanent Residency for Certain TPS Beneficiaries with Removal Orders

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...
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New Guidance Issued for Certain Work Permit Applications

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...
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DHS Proposes New Public Charge Rule

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”...
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H-1B Lottery Season: May the Odds Be in Your Favor

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...
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Biden Administration Announces Policies to Improve Immigration for STEM Workers

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,...
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Russian Invasion of Ukraine: U.S. Will Accept Up to 100,000 Ukrainians; Other Visa Options Included Humanitarian Parole and Family-Sponsored Immigration

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...
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News in Brief

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...
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News in Brief

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...
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African Country COVID-19 Travel Ban to Be Lifted December 31

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,...
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USCIS Updates Policies on Employment Authorization for Certain H E, and L Nonimmigrant Dependent Spouses

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...
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USCIS Temporarily Waiving 60-Day Rule for Report of Medical Examination and Vaccination Record

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...
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DOS Authorizes Consular Officers to Waive Interviews for Certain Nonimmigrants

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...
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Current State of Visa Backlog and Processing Delays; Recommendations to Eliminate Pandemic-Related Consular Backlogs

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...
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DV Lottery Registration Open Until November 9 at Noon EST

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...
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USCIS Extends Time on I-751 and I-829 Receipt Notices

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...
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Proof of COVID-19 Vaccine Requirement Effective October 1, 2021

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...
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Facebook Makes Immigration News: Agrees to Settlement of Millions of Dollars for Allegedly Discriminating Against U.S. Workers in Connection with the PERM Process

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...
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DHS Issues Worksite Enforcement Memo to Improve Working Conditions of Undocumented Workers

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...
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