One of the themes of this year’s USCIS Ombudsman Annual Report is that the agency has been through “a year like no other.” USCIS faced “unprecedented challenges.” With the COVID-19 pandemic came temporary office closures, reduced capacity, and budget cuts. This led to previously unseen levels of backlogs and deepening financial problems, according to the
Nicola Ai Ling Prall
U.S. Supreme Court to Hear Case Regarding TPS Status and Eligibility for Adjustment
By Nicola Ai Ling Prall on
The U.S. Supreme Court agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful-permanent-resident status. Sanchez v. Mayorkas, No. 20-315. Arguments for the case are set for April 19, 2021.
A circuit court split…
WEBINAR: Navigating Immigration in the Life Sciences Industry
Posted in COVID-19, Department of Labor, Executive Orders, General, H-1B, Industry Specific, PERM, Travel (General), USCIS
USCIS Settles H-1B Cases Over Policies, Will Withdraw Onerous Guidance
By Nicola Ai Ling Prall on
USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies.
H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive Order. In February 2018, USCIS issued further guidance specifically placing additional onerous documentation requirements for H-1B employees working at client sites, disproportionately…
Plans for Additional Restrictions on Immigration
By Nicola Ai Ling Prall on
Just before midnight on April 23, 2020, President Donald Trump’s “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” went into effect. The proclamation’s purpose was to temporarily suspend the entry of new immigrants (green card holders) into the United States for…
COVID-19 Dramatically Delays U.S. Passport Renewals, Disrupts Travel
By Nicola Ai Ling Prall on
COVID-19 has changed U.S. passport renewal. In the past, U.S. citizens could renew a passport by mail if their current passport was issued on or after their sixteenth birthday and within the last 15 years, or apply for an initial passport or renew in person at a Passport Acceptance Facility (including many local post offices)…
Changes to Modernize H-2B Visa Process Cut Print Newspaper Requirement
By Nicola Ai Ling Prall on
Just as the H-2B visas for the first half of the fiscal year 2020 ran out (with some limited exceptions), the Department of Homeland Security (DHS), in cooperation with the Department of Labor (DOL), has released a new final rule on H-2B visas that changes and modernizes the recruitment process.
The rule, which becomes effective…
Changes Coming for Travel to Europe
By Nicola Ai Ling Prall on
Posted in Department of State, Travel (General)
The days of spontaneously traveling to Europe on a whim are coming to an end for U.S. citizens. For many years, U.S. citizens have been able to travel to most European countries with only a valid U.S. passport as a travel document. In 2021, the European Schengen Zone will be requiring a registration similar to…
USCIS Releases Policy Memo on L-1 Visa Work Requirement
By Nicola Ai Ling Prall on
Posted in L-1A / L-1B, USCIS
USCIS has released a policy memorandum clarifying the “one continuous year out of three years” L-1 requirement refers to the time before the individual’s filing.
Eligibility for L-1 status requires the following:
- The U.S. company has a parent, subsidiary, affiliate, or branch abroad (“qualifying organization”)
- The U.S. company is or will be doing business
…
H-1B Visa Rules Tightening for Outsourcing and Staffing Companies
By Nicola Ai Ling Prall on
The Trump Administration’s targeting of outsourcing and staffing firms that use H-1B non-immigrant visas has been a hot topic over the past year and promises to be an area of continued focus in the near future. Please see our full publication on that topic here.