News & Updates
Common Medical Examination (Form I-693) Concerns
Those seeking to adjust status and become a permanent resident must, for the most part, submit a medical examination along with their adjustment application. The
5 Ways to Get Your Adjustment of Status Moving Forward
Waiting for your adjustment of status to be processed and approved can be a painfully slow process. For many people, it can take years and
H-4 EAD Premium Processing Update; Waiting will Continue
USCIS has faced increasing backlogs across the entire agency, and several factors have made these backlogs even worse in recent years. The immigration policies of
Consequences of Using Your EAD and AP While Your AOS is Pending
Most people who apply for adjustment of status (AOS) also apply for an employment authorization document (EAD) and advance parole (AP) at the same time.
Will the U.S. Government Accept my Foreign Birth Certificate?
Applications for permanent residency must include a lot of documentation. USCIS and Department of State require documentation of your birth. Ideally, this is achieved by
Form I-485 Supplement J Uses
The Form I-485 Supplement J is a relatively new form. As its name suggests, it is a supplemental form to the Form I-485, Application to
Common Medical Examination (Form I-693) Concerns
Those seeking to adjust status and become a permanent resident must, for the most part, submit a medical examination along with their adjustment application. The medical exam, done on Form I-693, is to ensure that you have no inadmissible related health conditions. This mainly refers to infectious diseases that are
5 Ways to Get Your Adjustment of Status Moving Forward
Waiting for your adjustment of status to be processed and approved can be a painfully slow process. For many people, it can take years and years for their priority date to become current and a visa to be available. Even then, you still have to file your adjustment of status
H-4 EAD Premium Processing Update; Waiting will Continue
USCIS has faced increasing backlogs across the entire agency, and several factors have made these backlogs even worse in recent years. The immigration policies of the prior administration created the “invisible wall” of bureaucratic processing delays for an agency that was already mismanaging its funds. The current pandemic, along with
Consequences of Using Your EAD and AP While Your AOS is Pending
Most people who apply for adjustment of status (AOS) also apply for an employment authorization document (EAD) and advance parole (AP) at the same time. Because of the lengthy processing times for AOS applications, your EAD and AP will likely be approved prior to your green card. Using those benefits,
Will the U.S. Government Accept my Foreign Birth Certificate?
Applications for permanent residency must include a lot of documentation. USCIS and Department of State require documentation of your birth. Ideally, this is achieved by submitting your birth certificate with your application. A birth certificate establishes the applicant’s country of citizenship and familial relationships, which helps to show eligibility for
Form I-485 Supplement J Uses
The Form I-485 Supplement J is a relatively new form. As its name suggests, it is a supplemental form to the Form I-485, Application to Register Permanent Residence or Adjust Status. While the Supplement J is used in employment-based adjustment of status applications to confirm a bona fide job offer
Why didn’t I get an EAD / AP Combo Card?
Recently, USCIS has been approving Employment Authorization documents (EADs) without approving advance parole travel documents (APs) at the same time even though both applications were filed together. For the past ten or so years, USCIS has normally issued EAD/AP cards, or combo cards, when applicants applied for employment authorization and
STEM Immigration Policy Update: Expansions and Clarity
On January 21, 2022, the Departments of State and Homeland Security announced new policies with the goal of attracting and retaining more STEM talent to the US. Below is an explanation of the key changes and clarifications. F-1 OPT/STEM OPT Extensions The Department of Homeland Security published a notice on
USCIS Policy Alert: Interfiling FAQs
On January 21, 2022, USCIS updated its guidance affecting some employment-based adjustment of status applicants. Specifically, USCIS is now encouraging anyone who would benefit from the process of interfiling to consider doing so. As a refresher, interfiling is the process of transferring the underlying basis for your adjustment of status
Fiancé Visa FAQs
The process of bringing your fiancé to the US involves many steps and multiple phases. The process can be daunting and difficult to understand. One of the most common questions couples have is: What does the process entail? First, you must file a Form I-129F, Petition for Alien Fiancé(e). Along
2022: What to Expect in Employment Immigration
H-1B Reform With no increase in US population growth in sight, reforms that help the H-1B visa program and other employment immigration run smoothly and efficiently are vital to the US economy. The Department of Homeland Security’s 2022 regulatory agenda includes proposed amendments to its regulations that govern the H-1B
Things to Consider After Your Green Card is Approved
Employment When do I have to join my employer-sponsor? What work can I do for them? Where can I work after green card is issued? By pursuing the employment-based application, both you and your employer have declared your intentions of having you perform the services described in your I-140 (or
Facebook Settles PERM Dispute with the US Department of Justice
Facebook, Inc. and the United States Department of Justice entered into a settlement agreement on October 19, 2021. The agreement relates to allegations that Facebook has discriminated against U.S. workers by preferring visa workers for certain jobs over qualified, available U.S. workers in the PERM labor certification process. If true,
H-1B Dependents – Know About a USCIS Policy Change to Avoid “Gaps” in Immigration Status
Dependents of H-1B visa-holders can only maintain valid nonimmigrant status for so long. Once dependents “age out” at twenty-one (21), their H-1B dependent visas are no longer valid. As such, H-1B dependents wishing to lawfully stay within the United States must file petitions seeking to extend the duration of their
H-1B Workers: Understand the DOL Rules for Pay Deductions
H-1B workers are nonimmigrant visa-holders who work for United States employers. These workers obtain H-1B visas, which requires the workers to have a bachelor’s degree or another country’s equivalent degree in a specialized field. H-1B workers have the same rights as U.S. workers, and both groups of workers must be
H-1B Workers – Understanding Employer Compliance with DOL Wage Laws
Employers wishing to hire H-1B workers from abroad must comply with numerous requirements under federal law. The H-1B visa program enables professionals to work in the United States in specialty professions that require at least a bachelor’s degree (or equivalent). Employers in the United States seek to hire H-1B workers
H-1B Workers and Available Benefits – Read Now to Learn More
H-1B non-immigrant visas enable workers from outside of the United States to work for an employer within the country. H-1B visas are specifically for workers whose career is specialized, requiring a bachelor’s degree (or equivalent). While H-1B workers are not lawful permanent residents or citizens, they are still entitled to
News Flash: India Travel Restrictions Update
As we discussed in a recent blog “News Flash: Limited Travel from India Due to COVID-19,” in light of the public health conditions in the Republic of India and the recommendations of the CDC, President Biden issued a proclamation on May 4, 2021, limiting the ability of nonimmigrants to enter
Warrants and Subpoenas: Know Your Rights
There are three agencies that comprise the Department of Homeland Security (DHS): U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). You may have dealt with one or more of these agencies as an immigrant, an employer, a family member,
News Flash: Will the Expired EB-5 Program Be Revived?
Congress has failed to reauthorize the EB-5 regional center program, meaning the program has expired on June 30, 2021. With this expiration comes a plethora of questions and uncertainty for individuals who are seeking or who currently hold a green card based on the EB-5 Immigrant Investor Program. Why Did
News Flash: USCIS Allows Resubmission of Rejected or Closed H-1B Petitions
On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will accept certain resubmitted H-1B petitions for fiscal year 2021. This will apply only to H-1B petitions which were rejected or administratively closed due to the fact that the requested start date listed in the petition was