U.S. Citizenship and Immigration Services (USCIS) updated the website information for Form I-485, Application to Register Permanent Residence or Adjust Status in January 2022 to include information related to green card availability and a process referred to as a “transfer of underlying basis.”
Each year, approximately 140,000 US employment-based immigrant visas (green cards) are made
On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert and new policy guidance addressing Employment Authorization Document (EAD) auto-extensions for H-4, E, and L spouses and to clarify that E and L dependent spouses will be considered work authorized incident to nonimmigrant status. USCIS confirmed that the Department of Homeland Security (DHS) will take steps to modify Forms I-94 to distinguish E and L dependent spouses from E and L dependent children. Until Forms I-94 are updated, E and L spouses will continue to require an EAD (or an automatically extended EAD) as evidence of employment authorization. Under the terms of a settlement entered into on November 10, 2021, the changes to L-2 Forms I-94 will be made within 120 days.
Continue Reading USCIS Relaxes Rules for H-4, L-2, and E-2 Spouse Work Permits
USCIS announced today, August 9, 2021, that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS has
The Trump Administration has introduced long-anticipated changes to the H-1B visa program for highly-skilled foreign workers, aimed at tightening eligibility for STEM talent working at major US employers, including by imposing a rigid requirement that any job offered to an H-1B worker require a single specific degree in a subspecialty, and that each
On May 31, 2019, the US Department of State (“DOS” or “Department”) updated its visa application forms to require persons seeking US visas to disclose their social media identifiers. The DOS defines “identifier” to include any name used on a social media platform like Facebook, Instagram, or Twitter. The Department’s FAQs state that the information
On April 11, 2019, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B petitions needed to reach both the annual 65,000 regular cap and the 20,000 master’s cap. USCIS received 201,011 H-1B petitions during the period of April 1-5, 2019, which is an increase of nearly 11,000 petitions compared
On Friday, April 5, 2019, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B petitions needed to reach the annual 65,000 regular cap, making 2019 the seventh year in a row in which the cap was reached within the first five working days of April. USCIS has not
On March 11, 2019, USCIS will publish a revised Form I-539 with an edition date of February 4, 2019. Effective March 11, USCIS will only accept the new I-539; all previous editions will be rejected. In addition, the agency will introduce a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to change
The Department of Homeland Security (“DHS”) has posted a final rule regarding the H-1B cap selection process. The rule will be published in the Federal Register on January 31, 2019 and will go into effect on April 1, 2019.
The Final Rule
The posted rule is the final version of the proposed rule titled “Registration Requirement for Petitions Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens,” which was published for public comments on December 3, 2018. During the 30-day comment period, the proposed rule received over 800 public comments.
Continue Reading Department of Homeland Security Posts Final Rule Regarding H-1B Cap Filings
Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April. This year, employers must also monitor for potential regulatory changes to the filing process. On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.” The 30-day public comment period closed January 2, 2019, and employers remain in wait for the impact to this year’s cap-subject filings. While President Trump tweeted about H-1B changes that “are soon coming,” it is not clear whether they relate to the proposed rule.
The proposed rule seeks to accomplish two goals: streamline the H-1B selection and filing process by creating a pre-registration system, and increase the chances of selection for H-1B petitions eligible for the advanced degree exemption by reversing the order in which the cap lotteries are run.
US Citizenship & Immigration Services (the agency responsible for immigration benefits within DHS) received over 800 comments on the proposed regulation, including comments from the US Chamber of Commerce, the American Medical Association, and the American Immigration Lawyers Association. The public comments criticize the proposed timeline and logistics, identify impacts stretching beyond immigration law, and suggest that the proposed rule may face court challenges if implemented:
Continue Reading Impact of Proposed H-1B Rule on Annual Cap Filings