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USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

What Is A U.S. Visa, Visa Stamp And Visa Foil And What Are These Used For?

In U.S. immigration matters, a visa is a document that allows a foreign national to enter the United States for a specific purpose, such as tourism, work, study, family visits (a nonimmigrant visa) or to immigrate (an immigrant visa). It is typically a stamp or sticker placed in the foreign

What is the PERM Process for U.S. Immigration Through Employment?

The U.S. labor certification process, also known as the PERM (Program Electronic Review Management) process, is a crucial step in obtaining certain employment-based immigrant visas and lawful permanent residence in the United States. Here’s an overview of the process. Obtaining a Job Offer:  Prospective applicants for a job in the

What is the Difference Between a Visa Backlog and Retrogression?

Under U.S. immigration law there are several types of immigrant visas.  We can generally break these into family based immigrant visas and employment and investment based immigrant visas. Under the family based immigrant visas, there are two subcategories.  Immigrant visas for immediate relatives of U.S. citizens (spouses, parents and unmarried

DHS Announces Temporary Increase Of The Automatic Extension For Certain EAD Applicants

The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from

USCIS New Filing Fees Effective as of April 1, 2024

The United States Citizenship and Immigration Services (“USCIS”) new filing fees have taken effect for all files received on or after April 1, 2024. In addition to new filing fees, USCIS has also released new forms for certain petitions. While the new form edition dates begin on April 1, 2024,

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