Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card. USCIS is doing this in recognition of the fact that the previous 12-month extension in effect since January 2021 is just not
Green Cards
Officially Returning to Pre-2019 Public Charge Rule to Determine Admissibility
After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had been in place for decades . . . .” The new rule, which goes into effect on December 23, 2022,…
Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings
Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join that list.
If the amended version of California’s SB-1162, Employment: Salaries and Wages, is signed by Governor Gavin Newsom, California employers with…
How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.
Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments…
USCIS, DOS Race to Use Up Employment-Based Visa Allocations by End of FY 2022
U.S. Citizenship and Immigration Services (USCIS) is trying to approve as many employment-based green card applications as it can before the annual deadline of September 30, 2022 (the end of the fiscal year).
Primarily due to COVID-19 restrictions, approximately 140,000 family-based visa numbers went unused last fiscal year. As a result, these unused visa numbers…
USCIS Updates Requirements for TPS Holders
Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991.
As of July 1, 2022:
- USCIS will no longer use the advance parole mechanism to
…
Deferral of Enforced Departure Extended for Liberians
President Joe Biden has extended Deferral of Enforced Departure (DED) and employment authorization for Liberians until June 30, 2024. Accordingly, the Department of Homeland Security (DHS) will publish instructions regarding the implementation in the Federal Register.
Because of armed conflict, civil strife and Ebola, Liberians were granted Temporary Protected Status (TPS) in 1991. By 2007,…
How to Calculate EAD Automatic Extensions
Automatic Employment Authorization Document (EAD) extensions are confusing. Before you can figure out whether one of the various extensions applies, you need to identify the EAD category.
Certain EAD applicants are entitled to 180-day automatic extensions if they have pending, timely filed EAD renewal applications. The code on the face of the expired EAD indicates…
Online I-94 Arrival/Departure Record and Other Tips from CBP for International Travelers
All visitors, except U.S. citizens, returning resident aliens, immigrant visa holders, and most Canadian citizens, must receive a Form I-94, Arrival/Departure record at the port of entry. Because travel is picking up, Customs and Border Protection (CBP) is encouraging travelers to fill out an I-94 application online in advance to reduce wait times and speed…
CDC Updates COVID-19 Guidance for Air Travelers to United States
On April 14, 2022, the Centers for Disease Control (CDC) updated its post-arrival recommendations.
Almost everyone (unless specifically exempted) who is at least 2 years old must have a negative COVID-19 test (tests include an antigen test or a nucleic acid amplification test) to board an airplane for the United States. Travelers fall into two…