The U.S. Department of State (DHS) has released the guidelines under which Hong Kong residents can apply for employment authorization in the U.S. under Deferred Enforced Departure (DED).(Applicants must have been present in the U.S. since August 5, 2021). Hong Kong residents can apply for employment authorization through February 5, 2023. Eligible Hong Kong residents may also apply for advance parole if they wish to temporarily leave the U.S. What is DED? Deferred Enforced D

President Biden will rescind the COVID-19 travel bans. From November 8, 2021, the U.S. will admit fully vaccinated foreign air travelers from Brazil, Britain, China, France, Germany, Greece, India, Iran, Ireland, Italy, South Africa, Spain, and Switzerland. Only vaccines approved by the FDA or listed for emergency use by the World Health Organization will be accepted. Travelers must also show proof of a recent negative COVID-19 test. If you would like to discuss an immigrati

Consider kick-starting the Prevailing Wage filing process for the January 2022 H-2B filing deadline. As prevailing wage determinations may take up to six weeks to come back, it is imperative that prospective H-2B applicants begin the filing process now. Read more from the U.S. Department of Labor. USCIS generally releases 33,000 of the 66,000 visas available each year on April 1, with the other 33,000 being released on October 1. Employers with an April 1, 2022, start date ma

Marital Dissolution carries special complications for immigrants to the U.S., especially those who gained their U.S. permanent residence ("green cards") through marriage to a petitioning spouse (whether a U.S. citizen or U.S. permanent resident). While petitioning spouses in such marriages are often quick to claim that the immigrant spouse had deceptive motives in getting married, this New York Appellate Division opinion clearly shows that a trial court that orders an annulme

The golden rule of U.S. immigration is "maintain your status" (or, in the case of permanent residents, "maintain evidence of your immigration status"). An immigrant's permanent resident card ("green card" or Form I-551) does not grant them permanent resident status. Rather, it merely acts as evidence of their permanent resident status. Consequently, most often, there are no dire immigration consequences for possessing an expired green card. Unfortunately, this does not apply

In the last year, COVID-19 has forced many aspects of our lives onto the Internet. As a result, USCIS had to adapt its operations to facilitate the safe processing of U.S. immigration applications. As USCIS continues to expand its online services, it has increased the number of immigration applications that are eligible to be filed online with “My USCIS” (available at my.USCIS.gov). The online portal is a great avenue for users to file immigration applications (for which onli

The hunt for post-graduate employment is an incredibly time-sensitive endeavor for F-1 students. As such, we have created the following crash course to guide you through the process. Overview Students can work in the U.S. for up to three years (depending on their field of study) by seeking employment authorization from USCIS under the Optional Practical Training (OPT) program. While enrolled in OPT, the student's employer or another prospective employer may petition for the s

Many people dream of having the opportunity to live and work in the U.S. Unfortunately, obtaining this dream can be quite challenging. Employment visa applicants must contend with complicated application procedures, stringent eligibility requirements, and unforgiving government agencies. One of the most common types of employment visas is the H-1B visa for specialty occupations. This visa, at minimum, requires applicants to possess a bachelor's degree, license or certificatio

The H-1B season is winding down, with 43 days left in the H-1B petition filing period. If you are an immigration lawyer or employer preparing an H-1B petition (or the beneficiary of an H-1B petition), you may want to consider the following: 1. File your petition early! USCIS will not permit petitioners to submit applications outside of the 90-day filing period (April 1 to June 30, 2021). It is best to file early inasmuch as shipping delays can cause applications submitted at

Eligibility To Apply For H-1B One of the most common employment-based visas is the H-1B visa for specialty occupations. It is suitable for applicants competent in the theoretical and practical application of specialized knowledge in their field. At a minimum, they must possess a bachelor’s degree in their specialty from an accredited institution. Foreign degrees must be equivalent to similar U.S. qualifications. Alternatively, applicants may have an unrestricted state license

After having held a telephone hearing for a current case, Sanchez v. Mayorkas, the U.S. Supreme Court appears poised to support the Administration's position on a pivotal issue concerning Temporary Protected Status (TPS). Specifically, the Supreme Court may soon rule that TPS holders who entered the U.S. illegally are not eligible to Adjust Status (i.e. become legal permanent residents). This is in accordance with a law that was enacted in 1990. In order to Adjust Status, an

En medio de la crisis de la frontera sur, la Casa Blanca está programada para nominar candidatos para dirigir dos agencias críticas con el Departamento de Seguridad Nacional: Aduanas y Protección Fronteriza de EE. UU. (CBP) y Servicios de Ciudadanía e Inmigración de EE. UU. (USCIS). Estas agencias forman un parte integral para determinar cuales ciudadanos extranjeros pueden ingresar y permanecer en los EE. UU. CBP es responsable para la seguridad fronteriza, las aduanas, la i

Amid the southern border crisis, the White House is scheduled to nominate candidates to head two critical agencies under the Department of Homeland Security— U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). These agencies are integral to determining which foreign nationals are allowed to enter and remain in the U.S. CBP is responsible for border security, customs, immigration and facilitating lawful international trade and travel

Today, the Department of State (DOS) announced that it has expanded the qualification criteria for travelers seeking to procure a National Interest Exception (NIE) in order to visit the U.S.. DOS expanded the qualification criteria by adding new categories of individuals who would be eligible to receive NIEs. These developments apply to travelers subject to the travel restrictions outlined in Presidential Proclamations 9984, 9992, and 10143. In a statement, DOS identified the

On March 31, 2021, President Trump's Proclamation 10052 expired. This proclamation temporarily suspended the issuance of certain employment-based non-immigrant visas. These included the following visas: H-1B: grants temporary employment for foreign workers in specialty occupations; H-2B: grants employment for non-agricultural foreign workers who provide services for a limited time based on their employer's seasonal/temporary needs; J: permits participation in exchange program

Earlier today, U.S. District Judge Andrew Hanen deferred ruling on the future of the Deferred Action for Childhood Arrivals (“DACA”) program. After hearing arguments from both sides in this closely watched, high profile case, Texas v. U.S., Judge Hanen extended the deadline for the filing of crucial papers to April 9, 2021. The lawyers representing the State of Texas and various other co-plaintiffs have implored Judge Hanen to hastily invalidate DACA. The DACA recipients impl

Becoming a U.S. citizen is a momentous occasion. This change in status endows individuals with several new privileges and protections. These include eligibility to: Travel using a U.S. passport; Sponsor family members to live in the U.S. and obtain citizenship for children under 18; Apply for federal grants and scholarships; Apply for public benefits; Apply for federal jobs and run for public office; Serve on a jury; and Vote in U.S. federal elections. Furthermore, U.S. citiz

Last week Monday, the White House released a statement indicating that Temporary Protected Status (TPS) will be accessible to Venezuelans present in the U.S. for the next 18 months, until September 2022. The designation was made by the Secretary of Homeland Security Alejandro N. Mayorkas in light of Venezuela’s current humanitarian crisis. The country’s hardships have been marked by ”widespread hunger and malnutrition, a growing influence and presence of non-state armed group

At a White House briefing on Monday, Secretary of Homeland Security Alejandro Mayorkas has announced avenues of relief for migrant families separated by the U.S. Department of Justice's Trump-era Zero Tolerance policy. He noted that affected families would be given a choice to be reunited in the U.S. or their home countries. Furthermore, the Family Reunification Task Force is set to explore lawful pathways that will permit these individuals to remain in the U.S. and access re

The last month has witnessed a double assault on actions surrounding public charge inadmissibility. The Supreme Court has agreed to take up a case opposing the Inadmissibility on Public Charge Grounds final rule implemented in 2019 under the Trump administration. This development comes after the Supreme Court set aside numerous attempts by lower courts to freeze the rule through injunctions. This decision follows President Biden's request for actions on public charge inadmiss