Immigration - Visas

Recently, due to the availability of COVID-19 vaccines, many countries decided to lift their entry restrictions or change them in such a way that travelers who had recovered from COVID-19 infections or been vaccinated were allowed entry. Here is an overview of some of the current entry requirements

Applicants for Adjustment of Status to Permanent Residence will have more than 60 days after completing their medical examinations to file their Forms I-485 Adjustment of Status applications, USCIS has announced. Due to COVID-19-related delays, USCIS has temporarily waived the requirement that a civ

USCIS entered into a settlement agreement in Madkudu v. USCIS that may signal changes in how USCIS will determine which positions qualify as a “specialty occupation” for H-1B purposes. During the Trump Administration, USCIS often denied cases because more than one degree would meet the requirements

In a move not seen since the introduction of the electronic H-1B registration process, U.S. Citizenship and Immigration Services (USCIS) announced a third round of lottery selections for the fiscal year (FY) 2022 H-1B cap season.

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action lawsuit.

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas . The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal Employment Authorization Document (EAD) applications. Notably, the settlement agree

Following months of crisis-level processing times for Form I-765 Applications for Employment Authorization on behalf of dependent spouses in L-21 and H-42 nonimmigrant visa status, the U.S. Citizenship and Immigration Service (USCIS) has entered into a settlement agreement in Shergill v. Mayorkas ,

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas , USCIS is making major policy changes. Going forward , certain H-4 spouses with pending EAD applications will be entitled to 180-day

On November 10, 2021, the US Department of Homeland Security settled a lawsuit and agreed that the spouses of L-1 intracompany transferees (“L-2 Spouses”) will be granted employment authorization without the need for a separate employment authorization document (“EAD”). Federal law regulates employm

In the past, the O-1 visa was how many foreign musicians and other artists were able to tour and work in the United States. Now, for many reasons, they may have to consider other strategies. The O-1 visa category is for “artists of extraordinary ability” and obtaining O-1B visa status for

The average American may not know that some of the largest real estate developments in recent history were completed by foreign real estate companies. The L-1 nonimmigrant visa classification can provide a useful pathway for such multinational companies. See more in our publication here .

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations. These involve large-scale law enforcement operations resulting in the arrest of hundreds of unauthorized workers. They were a si

Diversity Visa (DV) Electronic Registration for Fiscal Year (FY) 2023 opens October 6, 2021, at noon ET and closes on November 9, 2021, at noon ET. There is no cost to register, but, if selected, applicants must pay the visa application or I-485 Adjustment of Status fees. Individuals born in

On September 13, 2021, the U.S. Department of State issued the Visa Bulletin for October 2021, which showed minor advancement on priority for backlogged filings of employment-based (EB) immigrant visa (green card) beneficiaries. The Visa Bulletin for October 2021 had been eagerly anticipated, in par

In the competitive global video game industry, the United States remains at the forefront despite the recent rise in foreign gaming companies. Some of the most prestigious video gaming studios are located in the United States, and the battle among studios for elite talent to work on their breakout p

Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of the Modification of Registration Requirement for Petitioners Seeking to File

U.S. Citizenship and Immigration Services (USCIS) conducted an initial random selection for the fiscal year (FY) 2022 H-1B cap in March 2021, including for beneficiaries eligible for the advanced degree exemption. USCIS used historical data to estimate the number of registration selections required

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers do). USCIS is aware of this technical problem and

In Washington federal court, H-4 and L-2 spouses are continuing their fight to end the delays in approving visa extensions and work authorization – some of which are taking over a year to adjudicate. The plaintiffs in Edakunni v. Mayorkas are asking the court to decide whether this constitutes an

To help employers dealing with labor shortages due to the limits on H-2B temporary, seasonal visas , a new rule published by the Department of Labor (DOL) increases the H-2B numerical limits. DOL also released a rule that allows H-2B nonimmigrant workers already in the United States to begin work im