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On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued guidance that clarifies and broadens the eligibility criteria for individuals with extraordinary ability on the path for U.S. permanent residence (a “green card”). The guidance applies to petitions filed under the employment-based, first preference category known as EB-1A, an immigration classification designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate sustained acclaim either nationally (within one country) or internationally (within two or more countries).Continue Reading Extraordinary? Prove It! USCIS Issues New Guidance Regarding Evidentiary Criteria

Qatar

The Department of State (DOS) and the Department of Homeland Security (DHS) announced that Qatari citizens and nationals will be able to apply for travel to the United States as temporary visitors under the Visa Waiver Program (VWP). Effective December 1, 2024, Qataris can travel to the U.S. for business or tourism for up to 90 days without needing a visa. Instead, they will only need to apply for an Electronic System for Travel Authorization (ESTA) online. Qatar is the first Gulf country to be designated for the VWP.

While U.S. citizens already enjoy visa-free travel to Qatar for up to 30 days, beginning October 1, 2024, they are eligible to stay in Qatar for up to 90 days (with a valid passport).Continue Reading Qatar Added to U.S. Visa Waiver Program

On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a widely anticipated ruling upholding a district court’s determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision has no immediate impact on current DACA recipients or their employers, as the three-judge panel stayed its decision pending further review by the district court. In particular, the district court must review a new DACA regulation published by the Department of Homeland Security (DHS) that is set to go into effect on October 31, 2022. The Biden Administration had crafted this new regulation to address the procedural concerns raised by the district court in its earlier ruling against the DACA program.

On October 14, 2022, the district court judge held a status hearing and ruled that the current version of the federal policy can continue, at least temporarily, with the limitations that are presently in place. The judge confirmed that the injunction preventing the government from adjudicating first-time requests for DACA applies to the new regulation. Thus, the new regulation will not take effect on October 31, 2022, for initial applications. The judge ordered attorneys for the federal government to provide more information on the new rule.Continue Reading DACA Developments: Vital Information for Employers and Employees

Snapshot

The D.C. Circuit Court of Appeals agreed with the below D.C. District Court that allowing international students to work in their field of study for up to three years was within the Department of Homeland Security’s (DHS) authority to set the conditions of foreign graduates’ stay in the U.S. Continue Reading D.C. Appeals Court Holds F-1 Student Visa Holder Work Authorization to Remain Unchanged

Note: Updated to reflect the Department of Homeland Security’s notice on 9/15/2022 regarding the next phase of premium processing for petitioners who have a pending Form I-140, Immigrant Petition, under the EB-1 and EB-2 classifications.

The Department of Homeland Security (DHS) is expanding the availability of premium processing for certain pending, employment-based (EB) immigrant petitions, according to its recent alert. The changes specifically affect:

  • EB-1 multinational executives and managers; and
  • EB-2 professionals with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

This is the third phase of the previously announced plan to expand premium processing. The agency aims to increase efficiency and reduce burdens to the immigration system.Continue Reading Need a Decision Faster? DHS Expands Premium Processing for Certain Employment-Based Petitions

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 December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview requirement for certain temporary work visa applicants who have petitions approved by U.S. Citizenship and Immigration Services (USCIS).  This authorization will expire on December 31, 2022.  Interviews may be waived for temporary workers applying for the following visa types:  H-1, H-3, H-4, L, O, P, and Q.  As the authorization requires a USCIS-approved petition, it does not appear to apply to individual visa applications submitted pursuant to approved “L” blankets.  In order to qualify, an applicant must meet the following requirements:
Continue Reading State Department Will Waive Interviews for Many Temporary Work Visa Applicants

U.S. Citizenship and Immigration Services (USCIS) recently announced its preliminary fiscal year (FY) 2021 agency statistics and accomplishments.  Over the years, the agency consistently has reported on substantially similar metrics that align with its mission, along with policy, legislative and regulatory items that comport with the strategic direction of the Administration.
Continue Reading USCIS Announces Fiscal Year 2021 Accomplishments

The Department of Homeland Security (DHS) published details in the Federal Register about how it will implement the temporary “safe haven” program, also called Deferred Enforced Departure – (DED), for certain Hong Kong residents in the United States. The notice also provides instructions for employers regarding acceptable documentation to hire workers under this program.
Continue Reading U.S. Government Issues New Details of Safe Haven Program for Hong Kong Residents

The U.S. government administers an annual Diversity Immigrant Visa Program that, historically, offers one of the most expeditious paths to legal permanent residency and the American dream. Registration is currently open through November 9, 2021. The application is submitted electronically and registration is open to candidates around the globe, including to foreign workers in the United States who seek a “fast-track” to permanent residency.
Continue Reading Registration for U.S. Diversity Visa Program Open Until November 9