Immigration

U.S. Citizenship and Immigration Services announced its plan to begin implementing premium processing for certain petitioners who have a pending Form I-140 under the EB-1 and EB-2 classifications.

This alert covers USCIS’s announcement of a Temporary Final Rule (TFR), effective May 4, 2022, increasing the automatic extension period for Employment Authorization Documents (EADs) available to certain renewal applicants.

Read about the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement’s extension of a policy allowing for remote examination to determine Form I-9 Employment Eligibility Verification compliance and the agencies’ temporary guidance for employers.

This alert discusses DHS’s termination of its temporary COVID-19 policy allowing employers to accept expired List B identity documents for I-9 purposes and covers what’s required of employers. 

Read about USCIS’s plan to expand its premium processing service to include additional immigration benefit case types over a three-year period, including for applicants using Form I-539, Form I-765, and Form I-140.

This alert covers the DHS announcement designating Afghanistan and Ukraine for Temporary Protected Status (TPS) and outlines the process of applying for TPS, which will be in effect for 18 months. 

Read about USCIS’s recent updates to its H-1B visa registration process and the implications for selected and unselected H-1B registrations.

Read about the online registration system for FY2023 H-1B quota selection, which will run from March 1 through March 18, beginning and ending at 12:00 pm (noon) Eastern time.

This alert covers the CBP’s changes to its I-94 forms, including new designations for L-2 and E visa dependents, including spouses seeking work authorization.

Read about a USCIS announcement that the online registration period for H-1B quota selection for the upcoming fiscal year will run from March 1 through March 18, beginning and ending 12:00 pm (noon) Eastern Standard Time.

Mintz attorneys Adam Korn, Clare Prober, Jason Far-hadian, Meena Seralathan, Arameh O’Boyle, and Nada Shamonki provided pro bono legal services to help immigrants affected by the “return to Mexico” policy introduced by the Trump administration.

On December 15, 2021, USCIS and ICE announced they again extended flexibility relating to in-person Form I-9 compliance. This flexibility allows employers whose entire workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. In addition, it applies to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.

Read about a Biden administration proclamation, issued on December 28, 2021, revoking the travel ban for individuals who had been present in eight countries in Southern Africa.

This immigration alert reviews a Dec. 14, 2021 DOL final rule rescinding a January 2021 ruling that would have increased prevailing wages for H-1B, H-1B1, and E-3 petitions and PERM Labor Certification applications.

This alert covers the Biden administration’s ban on travel to the US for individuals who have been present in a number of countries in southern Africa within the past 14 days.

This alert discusses USCIS policy changes for H-4, L-2, and E-1, E-2, and E-3 visa holders, following a DHS settlement of litigation regarding the validity of L-2 and H-4 Employment Authorization Document (EAD) cards. 

This alert covers USCIS’s November 19, 2021 announcement that it has selected an additional 16,753 registrations in a third lottery for the FY 2022 H-1B cap.

This alert outlines a November 10, 2021 DHS announcement of policy changes that will benefit H-4 and L-2 employees, who have experienced employment disruptions due to USCIS processing delays.

Read Mintz’s guide to U.S. travel bans and travel requirements, including the Biden administration’s recent requirement for inbound international travelers to the U.S. to test for COVID-19 within one day of flight departure or present documentation of recovery from COVID-19.