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Articles Discussing General Topics In Employing Immigrants.

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USCIS Proposes Fee Increases

Jackson Lewis P.C.·

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016. The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanit

Recent Highlights in Immigration Compliance

Littler·

As we enter the new year, it is helpful to look back on recent news in the world of immigration compliance:

Certain Green Cards Getting 24-Month Extensions as USCIS Deals With Processing Delays

Jackson Lewis P.C.·

In continuing its efforts to deal with processing backlogs, USCIS is allowing longer automatic extensions of green cards for lawful permanent residents who have applied for naturalization. Although legal permanent residence (green card status) must be maintained, it does not expire once it is grante

Traveling for the Holidays: Planning for Successful International Travel This Season for Foreign Nationals

Ogletree Deakins·

With the pandemic finally drawing closer to an end, many foreign nationals may use the first opportunity they have had in years to plan international travel this holiday season. In order to avoid any unnecessary hiccups when departing from and returning to the United States pursuant to international

Foreign Student-Athletes and Name, Image, Likeness

Jackson Lewis P.C.·

Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent p

U.S. Continues to Require Proof of COVID-19 Vaccination for Foreign National Air Passengers

Jackson Lewis P.C.·

While many COVID-19 travel restrictions have been removed, all nonimmigrant foreign nationals continue to be required to present proof of being fully vaccinated against COVID-19 in order to board an international flight to the United States. A summary of the COVID-19 vaccination requirements can be

CBP Expands Pilot Program Eliminating Entry Stamps on Admission to the United States

Ogletree Deakins·

U.S. Customs and Border Protection (CBP) recently announced that it is expanding a pilot program to eliminate admission stamps in passports. The record being eliminated is the ink stamp and not the “visa stamp” that a U.S. embassy or consulate affixes to passports.

New DACA Rule Reflects Court’s Limitations

Jackson Lewis P.C.·

The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders. DACA allows temporary protection from deportation for undocumented immigrants who came to the United States under the age of 16. There are approximately 600,000 immigrants, known

End of Paper Form I-94, Arrival/Departure Record

Jackson Lewis P.C.·

U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the CBP’s I-94 website and available on the CBP One Mobile application .

U.S. Department of Education Ends Recognition of ACICS as National Accrediting Agency: the Effect on Immigration Benefits

Ogletree Deakins·

The U.S. Department of Education has terminated federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as a national accrediting agency. The loss of recognition will affect certain immigration beneficiaries because many immigration benefits are available only in

Child Status Protection Act May Offer Hope to Dependents Aging Out of Green Card Eligibility After AOS Retrogression

Ogletree Deakins·

With the recent retrogression of employment-based priority dates for the EB-2 and EB-3 India and mainland China categories, many families with dependents nearing the age of twenty-one may be concerned about the impact these delays will have on their children’s green card applications. Fortunately, t

Pro Bono Week Podcast – National Immigrant Justice Center Asylum Case

Littler·

Jeronimo Simonovis and Lavanga Wijekoon discuss an asylum case before U.S. immigration authorities that Jeronimo won involving a woman and her 8-year-old son. Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and en

Immigration Delays and How Manufacturers Can Manage Them

Jackson Lewis P.C.·

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic.

USCIS Extends Waiver of 60-Day Rule for Medical Examination Form I-693

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) has extended the temporary waiver of the requirement that a civil surgeon’s signature on Form I-693, Report of Medical Examination and Vaccination Record, be dated no more than sixty days before the date it is accepted by USCIS.

USCIS Increases Automatic Extension Period for Certain Green Card Renewal Applicants

Ogletree Deakins·

On September 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that certain Permanent Resident Cards (also known as green cards) would automatically be valid for twenty-four months from the expiration date of the green card based on a properly filed application to renew an expiri

Department of State’s October Visa Bulletin Includes Significant Reduction in EB-2 Visa Availability

Littler·

The U.S. Department of State (DOS) released its Visa Bulletin for October 2022 . The Visa Bulletin is a monthly DOS publication regarding immigrant visa availability. The Bulletin lists the cut-off dates that govern visa availability and determines which applicants are eligible to file for adjustmen

DHS Publishes Final Rule Restoring Asylum Regulations

Jackson Lewis P.C.·

Announcing a new final rule , the Department of Homeland Security (DHS) is officially reinstating the 2020 asylum rules in light of the court decision that said they were invalid. In February 2022, the U.S. District Court for the District of Columbia vacated two 2020 Trump-era rules that for two yea

USCIS Implements Third Phase of Premium Processing Expansion for Previously Filed EB-1C and EB-2 NIW Petitions

Ogletree Deakins·

U.S. Citizenship and Immigration Services (USCIS) announced that premium processing is now available for certain previously filed Form I-140 immigrant petitions seeking classification under the EB-1C multinational executive and manager and the EB-2 National Interest Waiver (NIW) categories. This is

Officially Returning to Pre-2019 Public Charge Rule to Determine Admissibility

Jackson Lewis P.C.·

After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had been in place for decades . . . .” The new rule, which goes into

October 2022 Visa Bulletin Shows Significant Retrogression for EB-2 India Category

Ogletree Deakins·

The U.S. Department of State has released the October 2022 Visa Bulletin , which shows significant retrogression in the employment-based second preference (EB-2) category for individuals born in India.