On January 13, 2025, the USCIS announced updated filing procedures for Form I-140, Immigrant Petition for Alien Workers. These changes are in response to the U.S. Department of Labor (DOL) implementing a new system for permanent labor certifications, known as the Foreign Labor Application Gateway (FLAG), which went into effect on June 1, 2023.
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New H-1B Modernization Rule
Categories: F-1 , H-1B Visa , immigration attorneys , Immigration Law , Law Firm , Legal Advice , USCIS
In December of 2024, USCIS announced a final rule that will be making significant changes to the H-1B nonimmigrant visa category. According to the USCIS, the purpose of said changes is “to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures” as well as strengthen “program integrity.” These adjustments will primarily affect H-1B specialty occupation workers, but they also include provisions that will have an impact on other nonimmigrant categories such as E-3, F-1, H-2, H-3, L-1, O, P, Q-1, R-1, and TN. Here are some key takeaways from the final rule.
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USCIS Releases Updated Guidance on Evidence for International Entrepreneur Rule Applicants
Categories: Attorneys , immigration attorneys , Law Firm , Lawyers , Legal Services , USCIS
On December 12, 2024 the USCIS released new policy guidance to help people applying for International Entrepreneur Parole. This parole allows foreign entrepreneurs to stay in the U.S. temporarily if their startups are expected to grow quickly and create jobs. The addition of these new guidelines is to explain what types of evidence entrepreneurs should provide when applying. These changes are effective immediately for all new applications and any pending cases.
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USCIS Offers Flexibility During and After Emergencies or Unforeseen Circumstances
Categories: Attorneys , Business Immigration , Green Cards , H-1B Visa , immigration attorneys , Law Firm , Lawyers , Legal Services
On December 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy manual that provides clarity on the flexibilities that may be available for individuals requesting immigration benefits.
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USCIS Mandates Submission of Immigration Medical Examination and Vaccination Record with Form I-485 for Certain Applicants
Categories: Attorneys , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services , USCIS
The United States Citizenship and Immigration Services (USCIS) has announced a new requirement for certain applicants filing Form I-485, the Application to Register Permanent Residence or Adjust Status. Going forward, applicants must submit Form I-693, the Report of Immigration Medical Examination and Vaccination Record, to accompany the Form I-485, or the application may be rejected. (Note: Previously, the applicant could submit the form I-693 subsequent to the filing of the initial form I-485.) Form I-693 serves as proof that the applicant is free from health-related conditions that would make them inadmissible under U.S. immigration law.
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DHS Extends Automatic Extension Period for EAD Renewals
Categories: Attorneys , H-1B Visa , immigration attorneys , Immigration Law , L-1 Visa , Law Firm , Lawyers , Legal Services
On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will improve access to employment authorization documents (EAD) for eligible individuals. This final rule specifically highlights the permanent increase in the automatic extension period of EADs from up to 180 days initially to up to 540 days for eligible noncitizens who file a timely request for the renewal of their extension.
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USCIS Expands Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits
Categories: Citizenship , immigration attorneys , Immigration Law , Lawyers
On April 4, 2024, the U.S. Citizenship and Immigration Service (USCIS) announced a temporary final rule (TFR) that will increase the automatic extension period for certain timely filed renewals for expiring Employment Authorization Documents (EADs) from 180 days up to 540 days. This announcement is made to help to improve work access to eligible foreign nationals.
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New Citizens Will Be Able to Request Social Security Updates Through Form N-400
Categories: Attorneys , Citizenship , Citizenship Green Cards , immigration attorneys , Immigration Law , Lawyers
On March 28, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced the integration of the Enumeration Beyond Entry (EBE) program to the new version of the Form N-400, Application of Naturalization.
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Court Denies Temporary Restraining Order Request to Halt USCIS Fee Increase
Categories: Attorneys , Business Immigration , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services
Samantha Moody (an EB-5 immigrant investor), the American Immigrant Investor Alliance, and IT Service Alliance had previously jointly filed a lawsuit in the U.S. District Court for the District of Colorado opposing the fee increases for certain immigration benefits, as outlined in the new final rule published by USCIS. The plaintiffs argued that this rule, which was set to take effect on April 1, 2024, was announced without appropriate notification and it also randomly forces some businesses and individuals to fund asylum resolutions.
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USCIS Updates Policy Clarifying Mobile Biometrics Collection
Categories: Attorneys , Citizenship , immigration attorneys , Immigration Law , Law Firm , Lawyers , Software Agreements , Technology Law
On March 7, 2024, the U.S. Citizenship and Immigration Services added clarification in the USCIS Policy Manual on existing policy regarding mobile biometrics collection services to benefit requestors who live in remote locations within the United States.
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USCIS Simplifies the Process of Obtaining Employment Authorization Documents for Refugees
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , immigration attorneys , Immigration Law , Investment Visas , Law Firm , Lawyers
On March 12, 2024, the U.S. Citizenship and Immigration Services (USCIS) introduced a new process for filing Form I-765, Application for Employment Authorization to benefit recently admitted refugees. Through this new procedure, refugees can acquire their employment authorization documents (EAD) in a more effective manner. Under United States law, any refugee is legally authorized to work in the United States upon arrival. However, being in possession of the correct work authorization documents was previously a burdensome and long-delayed process. This new process will ease the process of applying and obtaining work authorization for newly admitted refugees.
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USCIS Policy Updates Regarding “Ability to Pay” and Changing Employers during a Pending Adjustment of Status Petition
Categories: Attorneys , Best US Immigration Attorney , Corporate Law , immigration attorneys , Immigration Law , International Law , Law Firm , Lawyers , Legal Services , Real Estate
On January 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued an updated policy guidance on the "ability to pay" requirement for immigrant petitions in certain employment-based visa classifications (i.e., EB-1, EB-2, and EB-3 preference categories). The “ability to pay” can be determined by showing that the U.S. employer has either been employed and paid the beneficiary an amount that is at least equal to the required wage already, or in the case of the beneficiary changing employers, the U.S. employer is willing and able to pay the required wage to the beneficiary.
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USCIS Revamps Fee Payment Process Prioritizing Convenience and Efficiency
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , immigration attorneys , Immigration Law , International Law , Law Firm , Lawyers , Legal Services
On January 26, 2024, the United States Citizenship and Immigration Services (USCIS) outlined changes to the payment method for certain benefit request forms.
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USCIS Unveils Important Updates for F and M Student Nonimmigrant Classifications
Categories: Attorneys , Best US Immigration Attorney , F visa , immigration attorneys , Law Firm , Lawyers , Legal Services
On December 20, 2023, the U.S. Citizenship and Immigration Services (USCIS) introduced an updated policy guidance. This policy guidance addresses key aspects of the F and M student nonimmigrant classifications as well as providing insights into USCIS' role in processing applications related to employment authorization, change of status, extension of stay, and reinstatement of status for international students and their dependents in the United States.
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USCIS Publishes Updates for FY 2025 H-1B Cap Season
Categories: Attorneys , Best US Immigration Attorney , H-1B Visa , immigration attorneys , Law Firm , Lawyers
On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced crucial updates for the fiscal year (FY) 2025 H-1B cap season, aiming to enhance the integrity of the H-1B registration process and streamline application procedures.
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USCIS Announces Final Rule for Immigration and Naturalization Fees
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services , Trusts And Estates
On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain filing fees. USCIS explains that the fee increase is needed to fund the increasing operational costs of the agency. As outlined below, some of the fee increases are quite significant and we are concerned about the impact this will have on certain applicants.
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USCIS Updates Policies Regarding Delayed Filing of Extension of Stay and Change of Status Requests
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , F visa , Green Cards , H-1B Visa , immigration attorneys , Immigration Law , International Law , Investment Visas , Investor Visa , L Visa , L-1 Visa , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
On January 24, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced an update in its policies regarding the untimely filing of extension of stay or change of status requests for nonimmigrants. Through this update, USCIS has the authority to consider excusing delays in filing under some conditions, specifically when the delay is caused by circumstances that are beyond the applicant’s or petitioner's control.
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USCIS Enhances H-1B Cap Season with Online Accounts and Filing Innovations
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , F visa , Green Cards , H-1B Visa , immigration attorneys , Immigration Law , International Law , Investment Visas , Investor Visa , L Visa , L-1 Visa , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
The U.S. Citizenship and Immigration Services (USCIS) has announced the introduction of organizational accounts for non-cap filings and the upcoming fiscal year 2025 H-1B cap season. The purpose of these accounts will allow multiple individuals within one organization and their respective legal representative to jointly work on H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and associated Form I-907 (Request for Premium Processing Service). The aim of these enhancements is to improve productivity and collaboration for organizations and their legal representatives.
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U.S. Department of State Implements New Interview Waiver Policy for Certain Visa Applicants
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , F visa , Green Cards , H-1B Visa , immigration attorneys , Immigration Law , International Law , Investment Visas , Investor Visa , L Visa , L-1 Visa , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
The U.S. State Department, in coordination with the Department of Homeland Security, has announced changes to the interview waiver policy for certain visa applicants. This decision is based on the U.S. national interest and aims to streamline the visa application process.
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U.S. Department of State Pilot Program Introduces Domestic Visa Renewal for certain H-1B Visa Applicants
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , F visa , Green Cards , H-1B Visa , immigration attorneys , Immigration Law , International Law , Investment Visas , Investor Visa , L Visa , L-1 Visa , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
Starting the week of January 29, 2024, and through April 1, 2024, the U.S. State Department is testing a new pilot initiative that is set to process domestic visa renewals for certain H-1B visa applicants.
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