News

With many non-immigrant workers working remotely from home due to ongoing COVID pandemic requirements and “shelter-in-place” requirements, USCIS has adjusted the required site visits. As such, US immigration officers may visit H-1B and L1 visa holders in their homes as part of the site verification requirement. Even as quarantine requirements have relaxed in some locations in the U.S., remote work continues. As such, it’s critical be prepared for site visits in the home. To maintain compliance employers must work quickly to file an LCA with the remote address and follow it with an H1B Amendment petition with USCIS before the Beneficiary begins to work remotely. If the remote address falls within the same MSA as the end client work address listed in the previously certified LCA then an HB amendment may not be required. If you have specific questions about whether an H1B Amendment will be required for your case be sure to reach out to an Attorney at ILBSG.

The Secretary of Homeland Security announced the extension of registration periods for initial Temporary Protection Status (TPS) in certain circumstances. Applicants under the TPS designation from Venezuela, Burma, and Syria have an extension from180 days to 18 months for initial applicants.

U.S. Citizenship and Immigration Services (USCIS) failed to reconcile their regulations with a statute that allows foreign workers to change jobs while waiting for a green card decision, per a D.C. federal judge. As such, the judge ordered a case be reopened and reconsidered. Per the judge, USCIS should have notified the individual when they decided the application filed on their behalf was deficient. By the time USCIS requested additional evidence, the new employer hired the individual under the portable position policy that allows petitioners who wait beyond 180 days to change jobs without threatening their employment status. The request for more information went to the former employer, who did not respond. As such, the application for adjustment of status ended.

A lawsuit filed by over 100 Chinese and Indian immigrants claims USCIS delays are threatening thousands of “rollover” employment-based green cards. Without court intervention, the allocation will be eliminated. In the lawsuit, the petitioners ask the courts to ensure USCIS processes their adjustment-of-status applications before the end of the fiscal year, which is September 30, which is when the available green cards will lapse and no longer be available.

From the USCIS News Alert: Applicants for OPT must file within certain timeframes. However, due to recent lockbox delays, some applicants whose I-765 applications were timely filed and later denied have been unable to timely refile during the acceptable timeframes. Therefore, the USCIS is extending the flexibilities it recently announced extending these refiling dates.

President Biden has made his support of the Final Rule and its wage-based system explicit. In a new court filing, the Biden Administration defended Trump’s Final Rule on three grounds. The Biden Administration argued that the rule was properly issued by a duly authorized official, that it complies with our immigration laws, and that DHS adequately responded to all significant comments during the rulemaking process.

On July 27, 2021, U.S. Rep Zoe Lofgren, (D-CA) introduced the “Let Immigrants Kickstart Employment Act (LIKE Act).” The proposed bill would create a permanent visa, called a W-1 visa, intended for immigrant entrepreneurs with a 10% stake in a start-up company that receives at least $250,000 in investments, or at least $100,000 in government grants. Under the proposal, the W-1 visa would be valid for years, with a possible extension for another five years based on the number of jobs created. For W-1 holders whose start-up companies create at least 10 jobs, and either raises $1.25 million in investments or generates at least $1 million in annual revenue, it would then be possible to apply for a green card.

Per a recent Gallup Poll, Americans are divided on the optimal level of immigration. One-third of Americans believe immigration levels should be increased. Thirty-one percent believe immigration levels should be decreased. Thirty-five percent believe current levels should be maintained. This is in line with the previous year's poll. However, support for immigration has grown slowly since the early 2000s.

An applicant applying for a U.S. immigrant visa abroad will need to procure several personal documents in preparation for their visa interview. One of the documents a visa applicant may be required to collect and submit to the National Visa Center (NVC) is a Police Clearance Certificate (PCC). A PCC identifies the individual’s criminal record and provides a clearance certificate if their record is clear. If an applicant is applying for an Immigrant Visa, then the applicant needs to procure a PCC for each country where the applicant lived for more than one year after turning 16.

The U.S. Citizenship and Immigration Services (USCIS) announced a new and welcome policy guideline for applicants filing Change of Status (COS) to F-1 student status in the United States. USCIS eliminated the rule implemented in April 2017 requiring individuals with F-1 Student change of status application to apply for a separate and additional change or extend their status while their F-1 COS was pending.