Employment Based Green Card
USCIS Extends COVID-19-related Flexibilities – perhaps a Final Extension
Certain COVID-19-related flexibilities are being extended by US Citizenship and Immigration Services until March 23, 2023. Under these flexibilities, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive, USCIS considers a response received within 60 calendar days of the due date in the following requests or notices before…
Read MoreUSCIS Guidance on Employment Based Adjustment Applications
US Citizenship and Immigration Services (USCIS) recently issued guidance on several issues concerning the processing of employment based adjustment of status applications for dependents, the use of Supplement J, and the transfer of files from Field offices. Dependent Adjustment of Status Filing USCIS makes every effort to concurrently adjudicate the cases of the principal and…
Read MoreLayoff of U.S. Workers in the PERM Context
Layoffs of U.S. workers can have big effects on employers in the context of the PERM (Program Electronic Review Management) process for getting permanent labor certification. The rules say that if an employer has fired U.S. workers in the same or a similar job in the area of intended employment within the last six months…
Read MoreCBP Announces New US Bridge Visa Foil
A visa is a document issued by the U.S. Department of State that allows a foreign national to travel to the United States for various purposes. The visa is typically required to be presented at the port of entry to the United States and is required for the foreign national to be admitted into the…
Read MoreUSCIS Proposes Fee Increase and Imposition of New Fees
The proposed rule by the United States Citizenship and Immigration Services (USCIS) to increase fees for most immigration benefit requests is likely to have a significant impact on employers in the United States. If implemented, employers will pay significantly more for most nonimmigrant and immigrant filings. One of the key takeaways for employers from the…
Read MoreObtaining Green Card after Status Violation: 245(k) Benefit
The immigration provision of Section 245(k) of the Immigration and Nationality Act (INA) allows certain individuals, who are present in the United States after having failed to maintain lawful immigration status, to adjust their status to that of a lawful permanent resident (LPR) without having to leave the country. This exemption applies to an applicant who…
Read MoreCross Chargeability to get your Green Card
Foreign nationals from certain countries hoping to become lawful permanent residents (LPRs) in the United States face extended backlogs due to visa number availability. The number of LPRs that can be granted each year is capped and controlled by limiting the visa numbers that are issued. Each family or employment-based immigrant category has its own…
Read MoreGreen Card Validity for Renewals Extended to 24 Months
As of September 26, 2022, the United States Citizenship and Immigration Services (USCIS) has implemented a new policy to extend the validity of a person’s permanent resident card (green card) for 24 months beyond the expiration date upon filing a Form I-90. Form I-90 is used by lawful permanent residents to renew or replace their…
Read MoreImmigration Consequences for Marijuana
In recent years, many states in the United States have legalized the use, possession, and sale of marijuana for medical or recreational purposes. However, despite these state law changes, marijuana remains illegal under federal law and non-citizens can still face serious immigration consequences for marijuana offenses. First, it is important to understand that marijuana is…
Read MoreImpact of the Termination of ACICS Accreditation
The U.S. Department of Education (DOE) recently terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. This decision of termination of ACICS accreditation has significant implications for certain foreign nationals, particularly those who are seeking to enroll in an English language study program at…
Read More