On February 4, 2022, the House of Representatives passed the American Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act (known as the America COMPETES Act of 2022). The bill is aimed at “outcompeting China and the rest of the world in the 21st century.” Title III of the COMPETES Act adds
Students / CPT / OPT / STEM
Time to Get Ready for FY 2023 H-1B Cap Season
USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022.
If enough registrations to fill the cap are received by March 18 (which is likely), USCIS will randomly select registrations and send selection notifications through users’ myUSCIS online accounts.…
Tougher E-Verify Enforcement
E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program.
Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements.
Employers receiving a TNC must notify…
Temporary Extension of Stay Authorized for Certain Hong Kong Residents in United States
President Joe Biden has authorized thousands of Hong Kong residents currently residing in the United States to remain in the country pursuant to Deferred Enforced Departure (DED) for up to 18 months. In addition, he authorized employment for covered Hong Kong residents and the relaxation of employment rules for F-1 students from Hong Kong.
DED…
Yemeni TPS Extended
Yemeni Temporary Protected Status (TPS) will be extended for 18 months, until March 3, 2023, according to an announcement from Secretary of Homeland Security Alejandro N. Mayorkas.
The Secretary decided to extend and re-designate Yemen for TPS because, due to “ongoing armed conflict,” the country “continues to experience worsening humanitarian and economic conditions,” including…
DHS Issues New Policies on Expedited Processing, Requests for Evidence, and More
Secretary of the Department of Homeland Security Alejandro N. Mayorkas has announced several new USCIS policies meant to improve the legal immigration system, eliminate barriers, and reduce burdens on applicants.
He issued the following new policies:
- Expedite Criteria
USCIS generally does not consider expedite requests for petitions and applications where Premium Processing Service is…
DHS Announces 18-Month Extension for Haiti TPS, Application Procedures for Burma TPS
The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese TPS, which the Secretary of DHS announced in March 2021, but had not yet issued implementing instructions.
Based on pending litigation,…
USCIS Offers Flexibility for OPT Applications
The ability of foreign students in F-1 status to participate in post-completion Optional Practical Training (“OPT”) in their fields of study is an important aspect of their education–an opportunity that draws many foreign students to U.S. colleges and universities. So when USCIS receipting delays were diminishing these opportunities, foreign students, universities, and advocacy groups reached…
Immigration Reform Bill
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…
USCIS: Delays Issuing Receipt Notices for Applications, Petitions Filed at Certain Lockboxes
U.S. Citizenship and Immigration Services (USCIS) announced that it is experiencing delays in issuing receipt notices for some applications and petitions filed at USCIS lockboxes that are located in Chicago, Illinois, Phoenix, Arizona, and Lewisville, Texas. This announcement does not come as a surprise to most filers, since delays have been experienced for some time…