Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent players) to profit from, and build their brands, while in
USCIS to Implement Premium Processing for Certain Pending EB-1, EB-2 Form I-140 Petitions
In March 2022, USCIS published a final rule expanding its premium processing service to include additional immigration petition and application types. This announcement was welcome news to businesses and foreign nationals dealing with extensive delays in the processing of immigration benefits.
On May 24, 2022, USCIS announced that premium processing will begin as of June…
DHS on New Premium Processing
The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates, which it said depends on when the revenues exist to cover potential costs.
O-1 and EB-1 Visa Adjudication Following USCIS Change
USCIS has increased the evidentiary burden for petitions for the O-1 Extraordinary Ability visa to mirror that for the EB-1 Extraordinary Ability visa.
Both the O-1 nonimmigrant and EB-1 immigrant visa classifications remain important and flexible methods of sponsoring outstanding talent in the United States. Unfortunately, USCIS backlogs and processing delays persist, and availability of…
O-1 Visas Abound: USCIS Provides Detailed Guidance on O-1 Visa Eligibility
USCIS’s new guidance for O-1 petitions provides a detailed overview of the different O-1 classifications: O-1A, O-1B Arts, and O-1B Motion Picture and Television (“MPTV”). The guidance also provides detailed standards for adjudicating O-1 petitions under each O-1 classification and the use of comparable evidence to satisfy one or more O-1 criterion.
For example, the…
USCIS Premium Processing Fees: Bad News, Good News
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional funding to USCIS to bolster…
USCIS to Resume Premium Processing in Phases
Premium processing will resume in stages according to USCIS. Cap-subject H-1B petitions will be included only in the last phase.
June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140 Immigrant Visa Petitions. EB1-C Multi-National Manager or Executive and EB2 National Interest Waiver petitions are not eligible for premium…
USCIS Announces Expanded Premium Processing Suspension, Acceptance of Non-Original Signatures
Due to COVID-19, USCIS announced that as of March 20, 2020, it is immediately suspending premium processing service for all Form I-129 and I-140 petitions until further notice. USCIS also said that petitioners that have already filed a form requesting premium processing will receive refunds if their cases are not acted on within the 15…
Growing USCIS Processing Backlog Continues into New Year
USCIS is starting the year with a growing backlog of processing delays.
In May 2019, a bi-partisan group of Senators wrote to USCIS requesting information on why the service-oriented agency adjudicating immigration benefits, such as work authorization, is disrupting American businesses through administrative inefficiencies.
Here are some of the facts:
- For FY 2018, the
USCIS Denials in Extraordinary Ability Category on the Rise
- Is it a significant achievement to make it onto a national sports team?
- Would winning a top-ten spot in a European championship constitute an award for excellence?
- Would being one of a duo who were U.S. junior ice dance champions constitute an internationally recognized prize?
These are questions USCIS has answered in the negative in…