U.S. Citizenship and Immigration Services (USCIS) has announced that it is strongly encouraging applicants for adjustment of status (Form I-485) in the employment-based third preference category, if they are eligible to do so, to transfer the underlying basis of their applications to the first or second employment-based preference categories. This is because there are an
Sarah P. Caze
J-1 Visas and Summer Workers
As several cities are allowing businesses to resume their operations to pre-pandemic levels, many employees are being called back to on-site work. Thankfully, schools have been welcoming children for in-person learning for several months now, and parents are hoping to send them to summer camps. Approximately 26 million American children attend summer camps in a…
USCIS Warns of Delays Caused by Surges in Petition Filings at Lockbox Facilities
U.S. Citizenship and Immigration Services (USCIS) has issued an alert on delays in processing receipt notices due to the surges in petition filings at lockbox facilities because of the COVID-19 pandemic and the agency’s “flexibility” in response.
Due to the COVID-19 pandemic, many foreign nationals continue to be stuck and unable to leave the United…
Judge Enjoins Public Charge Rule
On July 29, 2020, U.S. District Court Judge George B. Daniels of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Administration’s Public Charge Rule during the declared national health emergency in response to the COVID-19 pandemic.
The Rule makes it harder for foreign nationals to obtain green cards…
Company Challenges USCIS Authority to Approve H-1B Visas for Less Than Period Requested
After receiving several H-1B approvals for periods shorter than requested, IT consulting services company Flexera Global has sued USCIS in the federal court for the Southern District of Texas requesting an order directing USCIS to approve H-1B petitions for the periods requested.
The Trump Administration has made it harder to onboard workers requiring an H-1B…
Update: DACA Litigation
DACA (Deferred Action for Childhood Arrivals) recipients have been in limbo and at the center of various political debates ever since President Donald Trump attempted to end the program in 2017. Put in place by the Obama Administration in 2012, DACA protects from deportation individuals who were brought to the United States by their parents as undocumented children. Individuals who have received DACA protection are granted work authorization, but currently have no pathway to lawful permanent residence in the United States. The 800,000 DACA recipients are known as “Dreamers,” and are generally considered to be model residents of the United States.
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