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Immigration - General

Articles Discussing General Topics In Employing Immigrants.

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State Department Issues Final Rule to Raise Consular Services Fees on May 30, 2023

Ogletree Deakins·

On March 28, 2023, the U.S. Department of State published final adjustments to the Schedule of Fees for Consular Services for several nonimmigrant visa application processing fees and the fee for border crossing cards for Mexican citizens (ages fifteen and older).

Full Enforcement of REAL ID Law Moved to 2025, ETIAS Moved to 2024

Jackson Lewis P.C.·

New travel authorization systems are being postponed again in the United States and in Europe: REAL ID until May 7, 2025, and ETIAS (European Travel Information and Authorisation System) until 2024. During the peak of the COVID-19 pandemic, the Department of Homeland Security (DHS) extended the dead

USCIS Completes Initial FY2024 H-1B Selection Process

Ogletree Deakins·

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it completed the initial H-1B electronic registration selection process for fiscal year (FY) 2024.

USCIS Issues Guidance on Employers’ Ability to Pay Proffered Wage to Support Employment-Based Immigrant Petitions

Ogletree Deakins·

On March 15, 2023, U.S. Citizenship and Immigration Services issued policy guidance clarifying how the agency analyzes an employer’s ability to pay the proffered wage to support immigrant petitions in the employment-based first, second, and third preference categories.

Lawful Permanent Residents May Use Newly Available Mail Option for Temporary Evidence of Status

Jackson Lewis P.C.·

Lawful permanent residents may receive temporary evidence of their lawful permanent resident (LPR) status by mail, rather than physically visiting a field office, USCIS has announced . LPRs eligible for delivery of temporary evidence of status will be mailed a Form I-94 with ADIT stamp, DHS seal, an

USCIS Guidance Permits Use of Dates for Filing Chart in Calculating Child Status Protection Act Age

Ogletree Deakins·

U.S. Citizenship and Immigration Services recently updated its policy manual, effective as of February 14, 2023, to include new provisions regarding how to calculate a “CSPA age” for dependent children approaching the age of 21.

USCIS Extends FY 2024 H-1B Cap Registration Period to March 20, 2023

Ogletree Deakins·

On March 17, 2023, U.S. Citizenship and Immigration Services notified the public that it would extend the H-1B cap registration window until Monday, March 20, 2023, at 5:00 p.m. Eastern Time.

Passport Renewals Experiencing Increased Delays

Jackson Lewis P.C.·

U.S. passport renewals are taking longer. Applying for renewals well in advance of travel abroad may be particularly important if you also need a visa in the new passport. Moreover, many countries require that your passport be valid for at least 3 months, or even 6 months, beyond the period

What Travelers Need to Know About Electronic ‘E-Gate’ Border Entry Systems

Jackson Lewis P.C.·

Passport stamps used to be treasured mementos for some travelers, but they are quickly becoming a thing of the past. Instead, biometrics and electronic entry systems are being deployed. But that is not the only thing that is changing. Now, in many countries, e-Gates may take the place of customs

Coalition of States Files Motion to Shutter DACA Program

Jackson Lewis P.C.·

The Deferred Action for Childhood Arrivals (DACA) policy continues to be under attack. In Judge Andrew Hanen’s court in the Southern District of Texas, a coalition of Republican states filed a motion for summary judgment in a long-pending case alleging that the Biden Administration’s new DACA rule i

USCIS Redesigns Green Cards and Employment Authorization Documents to Combat Counterfeiting and Tampering

Ogletree Deakins·

On January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a redesign of permanent resident cards (green cards) and employment authorization documents (EADs). The new cards feature state-of-the-art fraud protection technology that aims to combat document counterfeiting and tamp

USCIS Announces Extension of Validity of Certain Green Cards

Jackson Lewis P.C.·

USCIS is extending the validity of conditional permanent residence cards, or green cards, for 48 months beyond the card’s expiration date. The move is in response to the long processing delays for those filing petitions to remove conditions on residence – the Form I-751, Petition to Remove Condition

USCIS Implements Final Rule on Public Charge Ground of Admissibility

Ogletree Deakins·

U.S. Citizenship and Immigration Services’ (USCIS) final rule on public charge inadmissibility has been in effect since December 23, 2022. Accordingly, USCIS released a revised Form I-485, Application to Register Permanent Residence or Adjust Status, for applications submitted on or after December 2

USCIS Announces Registration Period for the FY 2024 H-1B Cap

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2024 H-1B cap will open on Wednesday, March 1, 2023, at noon ET, and will end on Friday, March 17, 2023, at noon ET. It is only during this period that employers or

Employment-Based Immigration Updates for 2023

Ogletree Deakins·

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These challenges may still continue, but new changes and updates have already taken

USCIS Returns to Concurrent Processing of Nonimmigrant Primary and Dependent Applicants’ Forms

Jackson Lewis P.C.·

In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonim

USCIS Announces Further Expansion of Premium Processing Service

CDF Labor Law LLP·

On January 30, 2023, US Citizenship and Immigration Service (“USCIS”) will permit employers petitioning for multinational managers and individuals seeking a national interest waiver to select premium processing for their petition. Premium Processing is a faster adjudication path the employer may sel

Inflation Causes Significant Increase in Immigration-Related Fines

Littler·

The United States government has increased a variety of immigration-related fines/penalties, effective January 13, 2023. The higher penalties are only for those cases where the penalties are assessed on January 13, 2023 or thereafter. These increases were pursuant to the Federal Civil Penalties Infl

DHS Announces Proposed Fee Increases for Immigration Benefits

Ogletree Deakins·

On January 4, 2023, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would increase fees for specific immigration and naturalization benefit requests. The department’s U.S. Citizenship and Immigration Services (USCIS) cited the expansion of humanitari

USCIS Proposed Dramatic Rise in Filing Fees Will Impact Employers

CDF Labor Law LLP·

On January 3, 2023, the US Citizenship and Immigration Services (”USCIS”) released its long-anticipated updated fee schedule that proposes dramatic increases to the fees employers pay to employ foreign nationals using nonimmigrant visas, and access the permanent residency process. If enacted, the gr