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
Not Too Late: Biden Administration Urged to Make Pro-Business Immigration Moves Now
- Surge resources: Democratic lawmakers asked USCIS to “surge” resources to eliminate the backlog of employment authorization applications (for new arrivals and other non-citizens) using the $34 million that had been set
Will DOL Update Schedule A List to Address Labor Shortages?
The Schedule A list of occupations that do not require the employer to conduct a labor market test (a PERM labor certification) as part of a green card application process has not been updated in at least 20 years. Almost a year ago, in December 2023, the Department of Labor (DOL) issued a Request for…
USCIS: Automatic 36-Month Green Card Validity Extension for I-90 Renewals
As of September 10, 2024, USCIS will automatically extend the validity of Permanent Resident Cards (or “Green Cards”), for which a Form I-90, Application to Renew or Replace Permanent Resident Cards has been submitted, for 36 months. The previous automatic extension was for 24 months.
Although Permanent Resident status does not need to be…
High-Skilled Immigrants Saw Rise in Approvals for O-1A Visas, National Interest Waivers
In recent years, the landscape for high-skilled immigration to the United States has seen significant changes, particularly with the rise in approvals for O-1A visas and National Interest Waivers (NIW). This rise follows the Biden Administration’s 2022 favorable guidance aimed at welcoming high-skilled science, technology, engineering, and mathematics (STEM) talent and reversing the previous administration’s…
TSA Proposes Moving REAL ID Compliance for Domestic Fliers to 2027
The Transportation Security Administration (TSA) has proposed delaying enforcement of the REAL ID requirement for passengers of domestic airlines to give travelers two more years to update to REAL ID-compliant identifications. The proposal is open for comments until Oct. 15, 2024.
The REAL ID Act was passed by Congress based on the 9/11 Commission’s recommendations.
How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order
The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court for the District of Southern Georgia. That order prevents the DOL from enforcing its new H-2A Farmworker Visa Rule against…
USCIS Improvements Cut Naturalization Processing Time
USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in the summer 2024 might be sworn in in time to vote in the upcoming November elections.
Of course, field…
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
- H – Temporary workers or trainees
- J – Exchange visitors
- L – Intracompany transferees
- O – Workers with extraordinary ability or achievement
- P
Illinois Enacts Additional Employee Protections on Employers’ E-Verify Use
Illinois Governor JB Pritzker has signed an amendment to the Illinois Right to Privacy in the Workplace Act that provides additional employee protections regarding employers’ use of E-Verify. The amendment’s effective date is Jan. 1, 2025, and applies to both private and public employers.
Illinois already had specific rules to ensure that E-Verify is…