Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to
Forrest G. Read IV
Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).
Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.
Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.
As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.
Deferred Enforced Departure of Up to 18 Months for Palestinians Announced
President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza. Individuals do not need to…
Syrian TPS Extended, Redesignated
USCIS announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months from April 1, 2024, to Sept. 30, 2025. The redesignation is based on the continuing civil war and the accompanying dire humanitarian consequences taking place in Syria.
Individuals who are already in Syrian TPS must apply for the extension…
USCIS Final Rule Increasing Filing Fees Expected Soon
USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general…
USCIS Announces Higher Premium Processing Fees
Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.
The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.
USCIS has been rolling out premium…
TPS Re-Registration Periods Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan
USCIS has announced that it is extending the Temporary Protected Status (TPS) re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan from 60 days to the end of the full 18-month extension period.
The dates are as follows:
TSA Offers Tips for Smoother Air Travel During Holiday Season
The Transportation Security Administration (TSA) is gearing up for what it expects will be its busiest holiday travel season ever while a potential government shutdown may be days away. Although TSA employees and federal air traffic controllers will be required to work without pay during a shutdown, there could be more “out sick” calls than…
New USCIS Policy Guidance on Two-Year Home Residence Requirement for J Nonimmigrant Classification
USCIS has issued new policy guidance explaining how it determines whether a beneficiary has met the two-year home residence requirement applicable to nonimmigrant exchange visitors in J status.
Individuals in J status come to the United States to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research…
Details Available for Applications for TPS and TPS-Based Employment Authorization Documents for Venezuelans
At the end of September, the Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.
The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10…
TPS Extended, Redesignated for Cameroon
The Department of Homeland Security (DHS) has announced the extension and redesignation of Temporary Protected Status (TPS) for individuals from Cameroon from December 8, 2023, until June 7, 2025. The extension will affect approximately 2,000 individuals. Under the redesignation, approximately 8,000 people will be eligible to apply for initial TPS designation. To take advantage of…