On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for
Delays in H-1B Processing, Suspension of Premium Processing, Closures Caused by COVID-19 Pandemic
COVID-19 has created a multitude of unprecedented challenges for visa applicants, employers, and the government employees that process visa petitions and applications.
Employers face daily challenges balancing long-term strategies to maintain a complete workforce with short-term strategies to manage payroll and cash flow. While the government has issued certain temporary solutions to provide flexibility with…
State Department Tightens Standards for L Visa Transfers
International companies rely on L visas to transfer managers, executives, and specialized knowledge employees to the United States. But the Department of State is changing the standards it uses to adjudicate those visas, making transfers more difficult.
L-1 visas are available to a company with a parent/subsidiary, affiliate, or branch office overseas that wishes to…
Filings for H-1B Visas Up 25% from Previous Year
Between March 1 and March 20, 2020, 275,000 individuals were entered into USCIS’ new electronic pre-registration system to obtain an H-1B for the 2020-2021 fiscal year. This is a nearly 25% increase over last year’s filings.
While it is hard to judge what led to the apparent increase in demand, the change may be a…
USCIS Announces Temporary Relief for EAD Applicants
In the first bit of relief for individuals waiting for their I-765, Applications for Employment Authorization to be adjudicated and Employment Authorization Documents (EADs) to be issued, USCIS announced that it will start reusing previously submitted biometrics to process I-765 renewal requests, for now.
This is a temporary accommodation until the Application Support Centers (ASC)…
USCIS Announces Expanded Premium Processing Suspension, Acceptance of Non-Original Signatures
Due to COVID-19, USCIS announced that as of March 20, 2020, it is immediately suspending premium processing service for all Form I-129 and I-140 petitions until further notice. USCIS also said that petitioners that have already filed a form requesting premium processing will receive refunds if their cases are not acted on within the 15…
COVID-19 and Employer Responsibilities to Workers on Visas
As employers respond to workplace issues pertaining to COVID-19 (Coronavirus), it is important not to forget about foreign nationals working pursuant to temporary non-immigrant visas. Employers must avoid discriminatory policies and remember that there are additional rules and regulations that apply to employees on visas.
Here are a few things to keep in mind:
- Working
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Factors Government Will Consider under New Public Charge Rule
On the same day the Public Charge Rule went into effect (February 24, 2020), immigrant advocates held a teach-in at Boston City Hall to try to lessen the uncertainty and fear that has been spreading through immigrant communities.
The Administration has stated that the Public Charge “[R]ule will protect hardworking American taxpayers, safeguard welfare programs…
Driver’s Licenses for Foreign Nationals Valid for I-9 Purposes, Even If Non-REAL ID Compliant
Long lines could be seen outside and around New York Department of Motor Vehicles offices as undocumented immigrants waited anxiously for hours in long queues to obtain driver’s licenses. Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey…
H-1B Visa Processing Delays Underscored by Extraordinary Need for Healthcare Workers
Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014.
Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking into why these delays are taking place. In the meantime, foreign nationals become disenchanted and look for solutions in…