News

A large group of individuals who came to the U.S. as children are approaching adult status and face the risk of deportation. These children of noncitizens typically came to the U.S. with parents who received temporary work visas and remain in the country. However, when these children turn 21, without additional legal status, they face deportation. This group, commonly known as Documented Dreamers, will ‘age out’ upon reaching adulthood.

In order to stay in the country, these individuals must apply for and be granted their own immigration status once they turn 21. If not received, they are required to depart the U.S. or face immigration enforcement and potential deportation.

Ongoing demand for technology talent outpaces available qualified individuals in the U.S. As such, company growth is suffering. Looking beyond the U.S. borders is one possible solution. Join us for a webinar on December 9, 2021, at 2:30 pm where we present the steps needed for a successful H-1B program. Whether you have an existing program or are starting a new one, you will learn the steps required to increase your odds of a successful process.

Individuals holding an H-1B visa working in U.S. technology-related roles is at the lowest point in a decade. Predominantly due to U.S. travel and visa restrictions, this is the second fiscal year of an annual drop for this segment of workers. Data is from the U.S. Department of Labor using their labor classifications. In total, a drop of nearly 13% was seen for foreign-born individuals working in engineering and mathematics for the fiscal year 2021 for the U.S. government. From the Department of State, a comprehensive analysis of all visas is available.

A group of House Democrats is urging the Senate to reconsider a pathway to citizenship as part of the Build Back Better Act. The Senate is expected to consider the $1.75 trillion budget bill in the coming weeks. The request includes elements of previously submitted legislation sent to the Senate parliamentarian that was rejected by that office.

The House version of the budget includes some elements of immigration access, including visa recapture and deportation relief. However, a pathway to citizenship is not included. The House request specifies citizenship consideration for Dreamers, Temporary Protection Status (TPS) holders, essential workers, and farmworkers.

U.S. Citizenship and Immigration Services has been criticized by hundreds of H-1B applicants over the third round of H-1B lottery selections for specialty occupation visa applications. In response to a previously filed lawsuit, USCIS informed a D.C. federal court earlier in the year that another lottery would not be needed.

A previously filed lawsuit challenged a 2019 policy change requiring companies to sign up for a lottery if they were still interested in an H-1B visa. The government asked the court to remove the case this past September, stating there was little to no likelihood of a third lottery.

The $1.75 trillion domestic budget has passed in the House on Friday, November 19, 2021. The bill includes immigration benefits including the recapture of visa numbers and a five- to ten-year parole program for legal permanent resident status for qualifying individuals. This is the most extensive immigration reform effort that has been reviewed by Congress in over 30 years.

The immigration measures in the bill would allow undocumented people present in the U.S. prior to 2011 up to 10 years of work authorization. Although a path to citizenship isn’t included, as originally proposed, it does extend work authorization for a longer period. This parole approach will allow qualifying individuals to stay in the country for five years with the option of extending an additional five years. An estimated 6.5 million people may benefit from this approach.

The U.S. Citizenship and Immigration Services (USCIS) released the December 2021 Visa Bulletin, which includes slight advancement in the EB-2 category for India and China. EB-3 remains unchanged.

For EB-2, the Final Action Dates for India will advance by 5 months to May 1, 2012, with a Dates for Filing advancement of six months to July 8, 2013. For China, the Final Action Dates for EB-2 will advance by 6 weeks to January 1, 2019, with a Dates for Filing advancement of 2 months to April 1, 2019.

As ILBSG previously reported, as the result of federal litigation, USCIS has agreed to grant automatic 180-day extensions for H-4, E, and L dependent spouse visa holders who timely file EAD extensions. USCIS officially released a policy alert outlining these changes, effective November 12, 2021.

In order to qualify for the automatic 180-day extension for H-4, E, and L dependent spouses, the EAD renewal must be filed before the expiration of the current EAD and the dependent spouse must have an unexpired I-94 showing their H-4, E, or L dependent status remains valid. If timely filed, the automatic EAD extension will continue for 180 days OR until the I-94 expiration date, if sooner than 180 days. If the EAD renewal is denied, the 180-day extension terminates at that time.

While 2021 was full of immigration challenges due to continued Covid-19 restrictions and geographic travel bans, ILBSG is ending the year on a high note. We are proud to report that overall, ILBSG experienced some of the highest success rates on H-1B that we’ve seen in the last 5 years. ILBSG clients received over 99% approvals for 2021 H-1B filings that have received a final decision, most without an RFE. Our approach works. See how we can help you.

A lawsuit filed by a group of visa holders stating U.S. Citizenship and Immigration Services (USCIS) had unlawfully denied work permits for spouses of certain foreign workers has been resolved. USCIS will automatically issue work permits, or provide extensions on existing work permits, for qualifying individuals. The announcement resolves the lawsuit originally filed in September 2021 by a group of noncitizen spouses of foreign workers.