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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…

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State (DOS), to develop plans and policies to establish…

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.

The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding talent in the United States…

As part of the Biden Administration’s initiative to retain high-skilled foreign nationals in the United States, the Department of Homeland Security announced that it is adding eight new fields as qualifying fields of study for STEM (science, technology, engineering, or mathematics) Optional Practical Training (OPT).

STEM OPT is a 24-month extension of Optional Practical Training…

USCIS has expanded premium processing for F-1 students to pending Employment Authorization Documents (EAD) applications based on Optional Practice Training (OPT) and STEM OPT. On April 3, 2023, the same will be extended to new EAD applications for OPT and STEM OPT. The cost for this premium processing will be $1,500 and the timeframe will…

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…

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…

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.

The plan is to make premium processing available…

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…

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…