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Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward, certain H-4 spouses with pending EAD applications will be entitled to 180-day automatic extensions of their EAD cards and L-2…

More business immigrant visas may become available if the latest version of the Build Back Better reconciliation bill passes.

If approved by the Parliamentarian and passed as it stands, the bill would make more immigrant visas available by:

  • Recapturing unused visa numbers from 1992 to 2021;
  • Retaining the availability of Diversity Visas from fiscal

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Efforts to pass “Dreamers” bills that would provide a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients have remained stagnant. In an effort to stabilize the DACA program, absent congressional action, the Department of Homeland Security (DHS) has published a proposed federal regulation announcing its intent to codify the DACA program.

The…

The decades-old I-9 Employment Eligibility Verification process may be in for some changes. The Department of Homeland Security is requesting “public input” regarding the document examination process.

Employers interested in the permanent continuation of Form I-9 flexibility might be encouraged by the agency’s official announcement on October 26, 2021. While the request is for “information…

Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register.

On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023, and directed that instructions on how to apply for employment authorization…

In the past, the O-1 visa was how many foreign musicians and other artists were able to tour and work in the United States. Now, for many reasons, they may have to consider other strategies.

The O-1 visa category is for “artists of extraordinary ability” and obtaining O-1B visa status for foreign musicians has always…

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations.

These involve large-scale law enforcement operations resulting in the arrest of hundreds of unauthorized workers. They were a significant part of the Trump Administration’s worksite enforcement strategy.

Secretary Mayorkas criticized these large-scale…

Croatia will be the 40th country to join the Visa Waiver Program (VWP). This announcement was made by Secretary of Homeland Security Alejandro N. Mayorkas in coordination with Secretary of State Antony J. Blinken.

No later than December 1, 2021, the Electronic System for Travel Authorization (ESTA), which is the portal for the…

Diversity Visa (DV) Electronic Registration for Fiscal Year (FY) 2023 opens October 6, 2021, at noon ET and closes on November 9, 2021, at noon ET.

There is no cost to register, but, if selected, applicants must pay the visa application or I-485 Adjustment of Status fees.

Individuals born in certain countries are not eligible…

The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember how a shutdown affects the…