USCIS Is Disposing of E-Verify Records More than 10 Years Old
U.S. Citizenship and Immigration Services (USCIS) is the custodian of most immigration records. Among these are...
USCIS’ Revocation of Foreign National’s Case Subject to Review
Green and Spiegel Attorneys, Stephen Antwine and Brian Halliday, earned a significant litigation victory in the...
USCIS Can’t Duck ‘Embarrassing’ Revoked Green Card Suit
U.S. Citizenship and Immigration Services can't sweep aside a Russian worker's "embarrassing" allegations of illegally...
Cap Relief has Arrived for the H-2B Program
The Departments of Homeland Security and Labor announced yesterday, March 31, 2022, that they would make an additional...
NEXUS & FAST Enrollment Centers to Reopen in U.S. on April 19
On March 31, 2022, U.S. Customs and Border Protection (“CBP”) announced the long-awaited reopening of U.S. NEXUS and U.S./Canada FAST Enrollment Centers in the United States. As of April 5, 2022, qualified new applicants for NEXUS – available for pre-screened Canadian Citizens entering the United States – and FAST – designed for truckers traveling between the U.S., Mexico, and Canada – may schedule an interview in the United States. And so long as they are otherwise eligible to enter the United States, they could appear at a reopened Enrollment Center as soon as April 19, 2022. Learn more in this blog.
H-1B Initial Electronic Registration Selection Process Completed
On Tuesday, March 29th, USCIS announced that they had received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). The Lottery was conducted as a random selection of properly submitted registrations and the myUSCIS Portal has been updated. Learn more in this blog.
E and L Spouses Receive New Codes on their I94s
The United States grants nonimmigrant visas (“NIV”) to Treaty Traders and Investors and Intracompany Transferees. Those persons are permitted to work in the United States and, beginning November 12, 2021, their spouses were entitled to work as well. Learn more in this blog.
COVID-19 Form I-9 Flexibilities Will End on May 1, 2022
During the 2019 novel coronavirus pandemic (“Pandemic”), the U.S. Department of Homeland Security (DHS) treated List B identity documents which were set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. This effectively permitted employers to postpone documenting a valid List B document until DHS terminated the exception, at the end of the Pandemic. Learn more in this blog.
TPS Granted for Afghan Nationals
Afghan nationals currently in the United States are now eligible for Temporary Protected Status (TPS) for an initial eighteen months. Pursuant to this new designation, those Afghan nationals present in the U.S. as of March 15, 2022 are eligible to apply for TPS which includes protection from removal and eligibility for work authorization. Afghanistan is the latest country to be designated for TPS, following the Biden Administration adding the Ukraine earlier this month. Learn more in this blog.
EB-5 Reauthorization: The EB-5 Reform and Integrity Act
On March 10, 2022 Congress passed an omnibus spending package that included provisions for both the reauthorization of the EB-5 Regional Center Program, as well as modifications to both the Direct and Regional Center programs. The Direct EB-5 visa will now see adjustments to the number of visas of certain Direct projects, and now include visas authorized for participating in new “Infrastructure Projects.” Learn more in this blog.
H-2B Cap for the Second Half of FY2022 Reached
On March 1, 2022, Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”) announced that as of February 25, 2022, it has received enough petitions to fill the 33,000 H-2B visas available for the second half of fiscal year 2022. Cap-subject H-2B petitions requesting employment dates of April 1, 2022 or later will now be rejected by USCIS. Learn more in this blog.
USCIS Announces Temporary Protected Status (TPS) for Ukrainians
The Department of Homeland Security announced that Temporary Protected Status will be offered to qualified Ukrainian nationals residing in the United States as of March 1, 2022. TPS is expected to protect thousands of Ukrainians from being returned to their war-torn country while concurrently providing work authorization. The grant of TPS is for an initial 18 month period. Learn more in this blog.