Determining the Rules in Immigration Law
How do we determine the rules in immigration law? How does an immigration attorney determine the rules in immigration law? Is it interpretation or application? One must consider the source! Statutes: Laws passed by a legislature, usually Congress Statutes are binding law and can create new rights or obligations. The Immigration and Nationality Act is […]
Terminating a Foreign Worker
Some things to consider when terminating a foreign worker. There are a number of considerations you need to make if you are planning on terminating a foreign worker that is in your employment under an H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, or O-1 status. Please consult with an immigration attorney like myself before you take […]
U.S. to drop COVID testing for incoming international air travelers
Good news for international air travelers! According to this Reuters article, the US has decided to drop the requirement for incoming international air travelers to have a negative COVID-19 test. This move ends a 17-month requirement. According to a statement from the Center for Disease Control: …We know that the now-dominant Omicron variant, though more […]
USCIS Lengthens Work Permit Automatic Extensions and Expands Premium Processing Options
When Ms. Ur M. Jaddou became the new US Citizenship and Immigration Services (USCIS) Director in August 2021, I did not envy her position. The Trump Administration seemed to do everything possible to slow petition processing. After years of those tactics, USCIS has accumulated a huge backlog of visa and document applications. While the Biden […]
USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions
Petition Processing Updates U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or […]
Electronic System for Travel Authorization (ESTA) Fee Increase
Per Department of Homeland Security – Electronic System for Travel Authorization (ESTA) Fee Increase A recent Homeland Security document amends Department of Homeland Security (DHS) regulations pertaining to the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant visitors intending to enter the United States under the Visa Waiver Program […]
Changes for L-2, E and H-4
Changes Affecting Employment Authorization for L-2, E, and H-4 Dependent Spouses On November 12, 2021, USCIS announced that L-2 and E dependent spouses are no longer required to apply for an EAD to work in the United States. Instead, L-2 and E dependent spouses are authorized to work in the United States just by virtue […]
USCIS increases Automatic Extension Period for Work Permits
Certain Applicants received an automatic extension period for work permits. Recently Announced – U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on […]
Admission to the US
What happens upon admission to the US? During the admission to the US process Customs and Border Protection (CBP) agents stamp your passport and enters your admission record in the database. Always check the expiration date of your stamp before leaving the port of entry! Passport Expiration Expiration dates are different for different visa categories, […]
The Waiting Is the Hardest Part
Last year I had to develop new and deeper wells of patience. My twin sons were applying to college. We had visited some schools and learned about others remotely. The autumn involved coaching my sons to put their applications together in a timely manner. But it was the months of waiting over the winter for […]