Immigration - General

USCIS has issued new policy guidance explaining how it determines whether a beneficiary has met the two-year home residence requirement applicable to nonimmigrant exchange visitors in J status. Individuals in J status come to the United States to participate in an approved program for the purpose of

U.S. Citizenship and Immigration Services (USCIS) has rolled out the Enterprise Change of Address (E-COA) self-service tool, which is intended to streamline address updates with USCIS.

USCIS has launched a new Enterprise Change of Address (E-COA) self-service tool to make it easier for foreign nationals to update their addresses. All foreign nationals, even green card holders, are required to notify USCIS of a change of address within 10 days of the move. Beyond that regulation, i

The November 2023 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month.

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The petitioner in the case opposed the Optional Practical Training (OPT)

This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification , which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process. As explained in Part 1 , there are circumstances where it may not be

The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for

On September 27, 2023, U.S. Citizenship and Immigration Services (USCIS) issued an update to the USCIS Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment-authorized incident

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the United States as children from deportation and allows them to receive emplo

In the latest decision in the Deferred Actions for Childhood Arrivals (DACA) saga , Judge Andrew Hanen in the Southern District of Texas has found that the new DACA Final Rule issued by the Biden Administration was unlawful. In addition, he expanded the original July 16, 2021, injunction and order o

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1. Should a shutdown occur, it will affect a number of immigration- and visa-r

This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process. Typically, unless the foreign worker qualifies for an exception, employers sponsori

The impact of a federal government shutdown come October 1, 2023, will vary among agencies, including those responsible for immigration-related matters, based on whether the agencies are fee generating (among other factors), though it is expected that certain government functions would continue.

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing industry must prepare to face staffing challenges in meeting future demand. Immigr

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a group of visa applicants were “inadmissible” without reviewing a full record

The launch date of the European Travel Information and Authorization System (ETIAS) has been delayed to 2024, as reflected on the official ETIAS website . The date of entry into operation of ETIAS is not yet known, but it is expected to be announced at the end of 2023, according to

On August 3, 2023, U.S. Citizenship and Immigration Services (USCIS) replaced the endorsed Form I-129S for L-1 blanket petitions with an I-129S approval notice that will now serve as the endorsement.

Green card holders who seek naturalization are required to pass a civics test and demonstrate English proficiency. The test used for this was developed in 2008, and the Biden Administration has announced it is updating the test. The changes are going to be tested in the coming months , and USCIS

The Department of State is proposing a new rule that would specifically allow third parties (including private attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services. These services include but are not limited t

On July 12, 2023, the U.S. Department of Homeland Security (DHS) updated the STEM Designated Degree Program List by adding eight new qualifying fields of study. The Program List is generally used to determine whether a degree completed by an F-1 nonimmigrant student qualifies as a science, technolog