Updated USCIS Policy for Child Status Protection Act (CSPA) Age Calculation

The Child Status Protection Act (CSPA) is a crucial immigration law provision that provides relief to children who would otherwise reach the age of majority and lose eligibility for certain immigration benefits. Under CSPA, the age of a child is “frozen” when the initial application for certain immigration benefits, such as adjustment of status to…

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Pilot Program for H & L Visa Renewal in the US

The H-1B & L-1 visas are most popular visas for foreign workers in the United States. When it comes time to renew the visa, however, foreign workers have traditionally been required to leave the country and apply for a new visa at a US consulate abroad. This procedure can be time-consuming, costly, and inconvenient for…

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Understanding 212(a)(7)(A)(i)(I) Determination

212(a)(7)(A)(i)(I) is a section of the Immigration and Nationality Act (INA) that outlines the criteria for inadmissibility of foreign nationals seeking to enter or remain in the United States. This section relates to determining whether a foreign national is likely to become a “public charge[1]” in the United States or not having proper paperwork to…

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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…

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USCIS to Adjudicate H-4, H-4 EAD, L-2 & L-2 EAD alongside I-129

We’ve learned that the US Citizenship and Immigration Services (USCIS) will now adjudicate H-4, H-4 EAD, L-2, and L-2 EAD applications alongside the I-129 petition for the petition for the principal H-1B & L-1. This change, which will apply to applications filed after January 25, 2023, aims to simplify the process of obtaining work authorization…

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CBP Discontinues Passport Stamps for Travelers Entering US

Traditionally, a foreign nationals entering the United States by air or sea used to receive a passport entrance stamp or a Form I-94 (record of admission) following a document inspection at the Port of Entry (POE). Once CBP switched from using paper copies of I-94 to electronic ones, the only physical record provided to the…

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USCIS 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…

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Layoff 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…

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CBP 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…

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USCIS 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…

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