22 March

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Terminated Nonimmigrant Workers May Receive 180 Day Grace Period to find New Employment

Terminated Nonimmigrant Workers May Receive 180 Day Grace Period to find New Employment Brandon D. Neuman, Attorney As the tech industry continues to see massive layoffs, foreign workers that are impacted by the layoffs currently have a 60-day grace period to find a new employer who will transfer their visa. If they go beyond 60 days, they are considered out of status and could face issues with future applications. In order to retain these valuable resources, the Biden Administration proposed extending the period to 180 days, which will provide a welcome relief, if implemented. However, this recommendation faces at least two administrative challenges...

17 March

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USCIS Extends H-1B Cap Registration Window to 5 PM ET on Monday, March 20, 2023

Posted by Katie Wu

in H-1B, USCIS-General

Due to a technical issue users were experiencing with the MyUSCIS H-1B cap registration website yesterday, USCIS has extended the registration window until 5 PM ET on Monday, March 20, 2023. They confirmed that any paid and completed registrations were not impacted by this technical issue....

14 March

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USCIS Announces Premium Processing and Online-Filing for Certain F-1 Students

Posted by Katie Wu

in F-1, STEM OPT, USCIS-General

USCIS announced last week that it will expand premium processing to certain F-1 students requesting employment authorization based on their being approved for optional practical training (OPT) or STEM OPT. This expansion will occur in phased approaches. Beginning March 6, USCIS started accepting Form I-907 requests, filed via mail or online, for certain F-1 students who have a pending Form I-765 under the following categories: (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and (c)(3)(C) – 24-Month Extension of OPT for STEM students. Beginning April 3, it will accept Form I-907 requests, filed via mail or online, for F-1 students in the...

26 January

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USCIS Extends COVID-19-related Flexibilities for Responses

Posted by Katie Wu

in USCIS-General

USCIS announced the extension of certain COVID-19-related flexibilities through March 23, 2023. Barring any changes presented by the pandemic, USCIS anticipates this will be the final extension of these accommodations. For certain requests and notices issued between March 1, 2020, and March 23, 2023, inclusive, USCIS will consider a response that is received within 60 calendar days after the due date set forth in the notice before taking any action. This includes: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to Terminate regional...

18 January

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USCIS Announces Final Phase of Premium Processing Expansion for Initially Filed EB-1 and EB-2 NIW Form I-140 Petitions and Future Expansion for Students and Exchange Visitors

Posted by Katie Wu

in EAD, F-1, Green Cards, STEM OPT, Uncategorized, USCIS-General

USCIS announced last week it will begin implementing its final phase of premium processing by permitting new (initial) Form I-140, Immigrant Petition for Alien Workers, filed under the E13 multinational executive and manager classification (EB1C) or the E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) to be filed with premium processing. Beginning January 30, 2023, USCIS will accept premium processing requests for: All initial EB1C multinational executive and manager and E21 NIW petitions; and All pending EB1C multinational executive and manager and E21 NIW petitions. Moreover, USCIS announced that beginning in March...

01 November

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Impact of ACICS’ Loss of Accreditation on F-1, H-1B, and I-140 Applicants

Posted by Katie Wu

in Green Cards, H-1B, STEM OPT, Uncategorized, USCIS-General

In an alert released today, USCIS announced that on August 19, 2022, the U.S. Department of Education (ED) no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately impacts two immigration-related F-1 student programs: 1. English language study programs 2. F-1 visa holders applying for a 24-month science, engineering, technology, or mathematics (STEM) optional practical training (OPT) extension. For the English language study program applicants, USCIS will issue Requests for Evidence (RFEs) to any individuals who have filed an I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a...

19 July

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USCIS Announces Second Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

Posted by Katie Wu

in Uncategorized, USCIS-General

USCIS announced late last week that it will begin implementing its second phase of premium processing for certain petitioners who have pending Form I-140, Immigrant Petition for Alien Workers, filed under the E13 multinational executive and manager classification (EB1C) or the E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Beginning August 1, 2022, USCIS will accept premium processing requests for: EB1C multinational executive and manager petitions received on or before July 1, 2021; and NIW petitions received on or before Aug. 1, 2021. ...

23 March

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USCIS Updates Policy Guidance on Certain First-Preference Immigrants

Posted by Katie Wu

in USCIS-General

In a Policy Alert issued today, USCIS updates its guidance relating to two evidentiary criteria pertaining to extraordinary ability and outstanding researcher/professor petitions to more closely align with recently issued nonimmigrant guidance for the O-1 visa. First, the policy clarifies that “published material” about the candidate (or the candidate’s work in the case of an outstanding researcher or professor) in professional or major trade publications or other media is no longer limited to printed articles. Rather, a petitioner may submit other forms of evidence, including a transcript of audio or video coverage. Second, the guidance confirms that, in the extraordinary ability...

22 March

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USCIS Issues Policy Guidance to Address Work Authorization Documentation for L and E Dependent Spouses

Posted by Katie Wu

in EAD, USCIS-General

In a Policy Alert published on March 18, 2022, USCIS confirmed that following its November 2021 announcement that E and L dependent spouses are now work authorized incident to valid status, USCIS will begin making system modifications to reflect new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of January 30, 2022, Customs and Border Protection (CBP) began issuing Form I-94 with the following codes for E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 that reflects one of these new COA codes for E and L spouses is...

03 February

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E and L Dependent – New Class of Admission Code

Posted by gipadmin

in EAD, USCIS-General

GIP Employer Alert – E and L Derivative Status Admission Codes Updates This past November, as part of an earlier settlement agreement, the USCIS agreed to make work authorization incidental to L or E dependent status. As such, these dependent spouse categories are no longer required to apply for employment authorization separately. It has just been confirmed that as of January 31st, 2022, CBP will issue I-94s to L and E spouses upon entry into the US that will reflect updated Class of Admission (COA) codes. For I-9 purposes, I-94s with the new COA code can be used in lieu of the...

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