Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However, there are other aspects covered
Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration
President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.
We expect President Trump will take swift action in the following areas through…
DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals
- They timely filed an EAD renewal application
How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents
In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and L-1 visa holders will expire. Without that bundling policy, some dependents and their employers could experience lengthy processing times and possible gaps in…
DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants
Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals.
Although DHS has streamlined its EAD process and extended EAD validity periods for certain applicants from two years to five years, the government still struggles to timely…
New, Higher USCIS Filing Fees Take Effect April 1, 2024
Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed.
The H-1B filing fee, for example, will rise from $460 to $780. The ACWIA Fee (to fund the training of U.S. workers) and the…
Department of State Takes Steps to Implement Stateside Visa Processing
On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce a pilot stateside processing program on a limited basis in the first quarter of 2024. Those able to utilize stateside…
USCIS Premium Processing Expansion for F-1, EB-1, EB-2, Others
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…
The Return of Stateside Visa Processing
For the first time in almost 20 years, the U.S. Department of State (DOS) may resume issuing nonimmigrant visas within the United States later this year. Reports indicate that a pilot program will allow stateside renewal of H-1B and L-1 visas.
The Department of Homeland Security has exclusive jurisdiction within the United States over the…
USCIS Returns to Concurrent Processing of Nonimmigrant Primary and Dependent Applicants’ Forms
In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonimmigrant Worker) if the forms are filed together as one package.
Stemming from a settlement…