Archives
AILA: The Public Charge Rule
The Trump era public charge guidelines may be gone, but there is a new framework in place as of last month. Please read the below flyer from the American Immigration Lawyers Association or AILA on a new public charge inadmissibility test the Department of Homeland Security (DHS) began using on December 23, 2022. This public […]
The Top 5 Mistakes Employers Make When Preparing H-1B Petitions
The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that all petitions be ready for submission by March 1. Please know USCIS has proposed a rule […]
Employment-Immigration Filing Fees Proposed to Increase
Photo by Jp Valery on Unsplash USCIS published a proposed rule that outlined a new fee schedule for filing of different petitions. There are significant changes to employment-based petitions in particular. Alongside steep increases in fees, USCIS is also indirectly indicating filing should be done online. One of these changes is the steep increase in […]
Policy Alert: USCIS automatically extending validity of Green Card for Naturalization Applicants
Photo by Kerwin Elias on Unsplash Permanent Resident Cards, known as Green Cards, serve as evidence for Lawful Permanent Resident (LPRs) status for noncitizens. Generally, if there was a mistake, lost card, or the card expired an LPR would file a Form I-90. At least 6 months before a Green Card expires, an LPR can apply for naturalization, […]
AILA: Considerations When Terminating a Foreign Worker
There’s many considerations an employer should consider before terminating a foreign worker in various visa statuses. This American Immigration Lawyers Association flyer outlines some of the information and steps a company will need to take when terminating H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, and O-1 employees. The conversation around terminating foreign nationals has been in […]
5 I-9 Compliance Tips That Can Save You Time, Money, and Trouble
In 1986, the Reagan administration instituted use of the I-9 form, requiring employers to verify their employees’ identity and eligibility to work. While the concept was simple, compliance has been anything but simple. Noncompliance can cost companies and organizations – even small ones – thousands of dollars and subject them to years of monitoring. Giant […]
DHS Final Rule on DACA
Image by Bill Barlow from Pixabay On Monday, October 31, 2022, the Department of Homeland Security (DHS) published a final rule on the Deferred Action for Childhood Arrivals (DACA). It preserves and fortifies the program through codifying existing DACA policy and formal regulation while it is still subject to litigation in court. Previously, the DACA program was only […]
USCIS Information on Options when Terminating Nonimmigrant Workers
Photo by Craig Whitehead on Unsplash Recently, USCIS released a new webpage outlining the details of what happens after a nonimmigrant gets terminated from their employment, voluntarily or involuntarily. The full webpage can be found here. First and foremost, workers facing termination on an E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classification have […]