Point of Activation for Federal Asylum Protections Under Review

The moment at which the United States is required to process asylum seekers at the U.S. border is being contested by the Biden Administration. In 2021, a judge ruled that the policy requiring individuals to wait across the U.S. border, started by the Trump administration, was unlawful.

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Gender Marker Self-Selection Updated by USCIS

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) updated the Policy Manual specifying that self-identified gender markers are acceptable for individuals requesting immigration benefits. USCIS now accepts the chosen gender marker as selected on USCIS forms, whether it matched supporting documentation or not.

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Updates to Time Frames for Paper-Based Filings and Responses Announced by USCIS

U.S. Citizenship and Immigration Services (USCIS) provided clarity on what is considered timely filed for paper-based benefit requests and responses to a USCIS action if the due date falls on a federal holiday, Saturday, or Sunday. For these situations, a paper filing or response that is received not later than the next business day is considered timely.

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USCIS Updates Validity Period for Civil Surgeon Signatures on Form I-693

U.S. Citizenship and Immigration Services announced the current signature requirement for Form I-693, Report of Immigration Medical Examination and Vaccination Record is removed. The validity period has been extended.

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USCIS Opens New Service Center Focused on Humanitarian And Workload Cases

USCIS announced a new service center, the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) center provides virtual support for qualifying matter types focused on humanitarian and workload cases. This center works in tandem with other USCIS service sites.

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Work Permits For Highly Skilled Workers’ Spouses Upheld

An Obama-era policy that granted employment authorization for spouses of highly skilled foreign workers remains active. A federal judge determined that the policy allowing spouses of H-1B visa holders to be eligible for an H-4 visa and work permits is not arbitrary and capricious, as argued by an organization of U.S. tech workers.

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Our Perspective: H-1B Options If Not Selected in the FY 2024 Cap

Due to unprecedented demand and, in turn, a lower percentage of selection, many are now wondering what their next step is.  If you were not selected, this doesn’t have to be the end of the road. You have H-1B options if not selected in the current FY2024 cap. This article provides a comprehensive guide regarding the alternatives available to you if you weren’t selected for the FY 2024 H-1B cap.

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Selections for FY2024 H-1B Cap Filings Announced

U.S. Citizenship and Immigration Services (USCIS) announced they received sufficient electronic registrations during the initial period to satisfy the FY2024 H-1B cap, including the advanced degrees (master’s cap). A random selection from complete and properly submitted registrations is complete. Individuals selected to submit their petitions for their specific beneficiary have been notified through the online account.

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The U.S. and Canada Update Asylum Agreement

Prime Minister Trudeau and President Biden announced an agreement between the United States and Canada to clarify where the respective countries can turn away asylum-seekers who enter their countries without authorization. The updated agreement applies to individuals who do not have U.S. or Canadian citizenship, cross the border at unofficial points, and are discovered within 14-days of crossing the U.S.-Canada border in either direction.

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Nonimmigrant Workers Options After Job Loss

U.S. Citizenship and Immigration Services clarified options available to individuals with employment-based visas after termination of employment. Options to the 60-day rule in which individuals must find employment are clarified, including options to remain in the U.S. after the 60-day grace period for nonimmigrant workers.

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USCIS Reminder: COVID Flexibilities End March 23, 2023

U.S. Citizenship and Immigration Services sent a reminder today, March 23, 2023, reminding all that COVID flexibilities are ending today. The original announcement was released in January 2023, setting the date of expiration and confirming it would be the last extension. If you have questions about how this may affect you, contact us at ILBSG.

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April 2023 Visa Bulletin: Retrogression Upon Us and on the Horizon

Retrogression is seen in both employment-based and family-based visas. Future retrogression appears to be on the horizon as well. For employment-based cases, In April 2023, USCIS is accepting AOS applications based on the Visa Bulletin Final Action Dates chart, rather than the Dates for Filing chart that it had been using for the past several months.

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USCIS Affirms Guidance and Provides Clarification on Employer Ability to Pay

USCIS recently provided an update on requirements for employers to prove their ability to pay. The policy alert focuses on whether the Petitioner has the Ability to Pay the Beneficiary’s proffered wage for each year from the Beneficiary’s priority date to the Present.

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Our Perspective: The H-1B Multiple Petition Rule and How to Overcome Inquiries

The H-1B multiple petition rule monitors multiple filings for the same individual and role. While the rule talks about “petitions” filed with USCIS, the Service is applying the same rule to H-1B registrations. Even in instances where a candidate registers through multiple companies but only files an actual H-1B petition through one company, USCIS is raising the issue.

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USCIS Makes It Easier to Obtain Evidence of Green Card Status

U.S. Citizenship and Immigration Service (USCIS) recently updated a less burdensome way for lawful permanent residents (LPRs), or commonly known as green card holders, to receive temporary evidence of their lawful permanent resident status. USCIS is now enabling LPRs to receive temporary evidence of their green card status by mail instead of appearing in person at their local field office.

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Presidential Committee Recommends H-1B Grace Period Extension for Laid Off Workers

A Presidential Advisory Committee recommends extending the grace period for H-1B visa holders to find new employment when laid off. In recent months, several large tech companies have announced successive layoffs, affecting many H-1B workers.

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USCIS Announces Extension for FY2024 H-1B Registration

USCIS extended the FY2024 H-1B registration period to Monday, March 20, 2023, at 5:00 pm Eastern Standard Time, due to issues experienced by some users in completing the payment process.

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USCIS Announces Changes to Regional Center Investor Filing Fee Requirements

The United States Citizenship and Immigration Services (USCIS) has announced that starting from March 15, 2023, petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor, will no longer have to submit biometrics or pay the $85 fee. This decision by USCIS is based on its determination that biometric submission is not necessary to confirm compliance with the Immigration and Nationality Act.

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USCIS Policy Update for Employer’s Proof of Ability to Pay

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

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Bipartisan Bill Introduced to Help Eliminate Visa Backlogs

The Eliminating Backlogs Act of 2023 was introduced in the U.S. House of Representatives. The Act proposes changes to how employment-based visas are allocated annually.

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