Immigration - General

Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join that list. If the amended version of California’s SB-1162, Employment: Salarie

U.S. Citizenship and Immigration Services (USCIS) recently published updated statistics in connection with immigrant visa usage for fiscal year (FY) 2022. According to the report, as of July 31, 2022, USCIS and the U.S. Department of State (DOS) had used a total of 210,593 employment-based immigrant

Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen . Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act

Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective. To the dismay of many advocates

On August 23, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached its H-1B cap selections for fiscal year (FY) 2023. USCIS confirmed that it has sent nonselection notifications to registrant employers and their representatives.

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can only send non-selection notices once it has determined that enough petitions for t

Before offering a foreign national a permanent position, an employer must demonstrate to the Department of Labor that it tested the market and could not find a U.S. worker to fill the role. How can an employer show it properly tested the U.S. labor market to satisfy the DOL’s

U.S. Citizenship and Immigration Services (USCIS) is encouraging certain employment-based adjustment of status (green card) applicants with approved I-140 petitions to complete their medical examinations before the end of the fiscal year (FY) on September 30, 2022.

E-Verify is phasing out a policy instituted at the onset of the coronavirus pandemic that had granted employees additional time to contact the Social Security Administration (SSA) to resolve discrepancies with their E-Verify submissions.

The U.S. Citizenship and Immigration Services (USCIS) has made a critical update that, as of July 1, 2022, allows some Temporary Protected Status (TPS) holders to overcome inadmissibility issues and become eligible for adjustment of status by traveling internationally.

On July 25, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an extension of flexibility periods for responding to USCIS requests and for filing forms I-290B and N-336 through October 23, 2022.

U.S. Citizenship and Immigration Services (USCIS) is trying to approve as many employment-based green card applications as it can before the annual deadline of September 30, 2022 (the end of the fiscal year). Primarily due to COVID-19 restrictions, approximately 140,000 family-based visa numbers wen

Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991. As

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) began implementing an expansion of the agency’s premium processing service for certain pending Form I-140 petitions. Specifically, the expansion of premium processing services applied to the EB-1C multinational executive and manager

On June 15, 2022, the U.S. Citizenship and Immigration Services (USCIS) ombudsman published formal recommendations on how the federal agency can address certain systemic issues.

On July 25, 2022, the flexibility period for responding to U.S. Citizenship and Immigration Services (USCIS) requests and for filing forms I-290B and N-336 will expire.

Automatic Employment Authorization Document (EAD) extensions are confusing. Before you can figure out whether one of the various extensions applies, you need to identify the EAD category. Certain EAD applicants are entitled to 180-day automatic extensions if they have pending, timely filed EAD renew

On May 4, 2022, the U.S. Department of Homeland Security issued a Temporary Final Rule (TFR) automatically extending the work authorizations for certain renewal applicants listed on the USCIS website. Normally, the DHS regulations provide an automatic extension of 180 days from the expiry date state

All visitors, except U.S. citizens, returning resident aliens, immigrant visa holders, and most Canadian citizens, must receive a Form I-94, Arrival/Departure record at the port of entry. Because travel is picking up, Customs and Border Protection (CBP) is encouraging travelers to fill out an I-94 a