AILA Information Flyer On November 12, 2021, USCIS announced that L-2 and E dependent spouses are no longer required to apply for an EAD to work in the U.S. Instead, L-2 and E dependent spouses are authorized to work in the U.S. just by virtue of holding L-2 or E status but may continue applying... View Article
How to calculate the one-year physical presence requirement Effective immediately, USCIS has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when they adjudicate their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at... View Article
It’s time to prepare your H-1B CAP registrations. USCIS has announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their... View Article
USCIS is extending its COVID-19-related “flexibilities” through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive: •... View Article
USCIS is extending the validity of Permanent Resident Cards (Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829... View Article
Also Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Unlike previous phases of the expansion, this phase applies to new (initial)... View Article
The American Immigration Lawyers Association has received preliminary reports of USCIS rejecting Forms I-485 with an edition date of 7/15/22 that were postmarked before the effective date of the current 12/23/22 version of that form and received by USCIS after the effective date of the new version. The stated ground for rejection is that the... View Article
Good news for H-1B and other visa applicants and others stuck in consular backlogs. The U.S. State Department has extended the authority of consular officers to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023, on a case-by-case basis for certain first-time and/or renewing applicants. For more information, contact our firm.
The new rule goes into effect on December 23, 2022. On Dec. 23, 2022, the Department of Homeland Security’s (DHS) Public Charge Ground of Inadmissibility final rule will go into effect. This final rule, which was previously announced, provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility.... View Article
Be sure to file correctly, or your application will be rejected. On December 13, 2022, USCIS published a draft of the new version of Form I-485 to its website. The new edition has been published for preview only. USCIS notes that the new version of Form I-485 will not be accepted until December 23, 2022.... View Article
