Potential Fix for Employment-Based Immigration Reported

The Biden administration has an option to extend the authorization for approved employment-based immigrant visa holders, as reported by Forbes. A 2016 memo outlines the potential legal basis to extend employment-authorization.

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Parole Programs Available for Ukraine and some Central American Countries

Parole programs offer an individual, who may be inadmissible or otherwise ineligible for admission into the United States, the option to enter the United States on a temporary basis. From there, individuals can further apply for work authorization. Here, we highlight two currently available programs.

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Plans to Process Record Number of Indian Visas in 2023

Plans are underway to increase the number of Indian visas processed in hopes of setting a new annual record. In 2022, a return to pre-pandemic levels was achieved for student visas processed for Indian nationals.

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EB-2 to EB-3 “Downgrades”: How Filing Early Could Speed Up Your Green Card Process

ILBSG recommends securing I-140 approvals under both EB-2 and EB-3 categories as soon as you can to avoid another rush like 2020 and the possibility of an unfavorable federal government administration in the future.

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USCIS Long Term Strategic Plan Announced

USCIS announced their long-term strategic plan for FY2023-2026. Three key goals are identified, including promoting effective and efficient management.

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FY 2024 H-1B Cap Initial Registration Period Opens on March 1, 2023

U.S. Citizenship and Immigration Services announced that on March 1, 2023, the FY2024 H-1B cap initial registration period will open. See how our unique approach resulted in a 99.5% approval rating from our thousands of FY2023 cap filings.

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Chicago Attracting Laid-Off Foreign Tech Workers, H-1B Holders

Chicago is working to attract recently laid-off technology professionals. This is seen as a competitive advantage for employers in the city and suburbs of Chicago. A new website lists open jobs for H-1B holders.

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The Compelling Circumstances EAD – One Year Stop Gap

With the recent layoffs in the tech industry, companies and individuals are facing uncertainty in terms of how to retain legal status to remain in the U.S. while job searching. One option, the Compelling Circumstances EAD is a discretionary employment authorization measure that is meant to assist qualifying individuals by preventing the need to abruptly leave the United States.

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USCIS Extends Certain COVID-19 Flexibilities

U.S. Citizenship and Immigration Services (USCIS) announced the continued flexibility for some COVID-19 flexibilities, through March 23, 2023. These flexibilities are extended to allow for delays as the ongoing backlog continues.

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Some Asylum Seekers Can Now File For Employment Authorization Online

U.S. Citizenship and Immigration Services announced that qualifying individuals can not file the Application for Employment Authorization online. This is one of the organization's efforts to leverage the power of technology to streamline processes and increase efficiency.

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USCIS to Reinstate Concurrent Processing for H-1B and L-1 Derivative Applications Including H-4 EADs

Concurrent processing will resume for H-1B and L-1 dependent applications as of January 25, 2023. Regaining concurrent processing is key to address ongoing backlogs.

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USCIS Announces Green Card Automatic Extension Availability

USCIS announced some green card holders are eligible for an automatic extension of the green card for an additional 48 months past the current expiration date.

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US Immigration Backlog Cases Hit All-Time High

The backlog of immigration cases in U.S. courts is over 2 million matters, with over 800,000 of those being asylum issues. On average, the wait time for an asylum matter is more than four years for a hearing.

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Education Eligibility Criteria for H-1B and Latest USCIS Trends

With the H-1B quota being right around the corner, now is a good time to review the latest trends with respect to educational eligibility requirements for H-1B filing. This will help to better prepare for the upcoming H-1B cap season.

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Immigration Outlook 2023: H-1B Visas, Green Cards, DACA, and More

The immigration outlook is expected to change in 2023. Major immigration reform may not be achievable. However, we believe there will be administrative rulemaking and policy shifts in the coming year. See how DACA, H-1B and other programs may be affected.

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U.S. Embassies in India to Double Staff to Address Visa Issuance Speed

As a result of the pandemic and the resulting slowdown in services, wait times for a visa in India have seen historic highs. However, as announced by the U.S. Assistant Secretary of Commerce for Global Markets, Mr. Arun Venkataraman, efforts to double staff are underway to address the ongoing wait times. Potential candidates include diplomatic spouses.

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Employment-Based Visa 60-Day Grace Period Overview

With the ongoing job loss affecting a big section of the workforce, it is worth noting that the regulations allow a discretionary grace period that allows workers in certain visa classifications plus any of their dependents, to be considered as having maintained status following the termination of their employment.

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February 2023 Visa Bulletin: Worldwide Retrogression in EB3 “Other Workers” Category

The February 2023 Visa Bulletin showed little movement forward. There is retrogression worldwide for some categories, specifically, EB-3 Other Workers category. Contact us to get the right advice on how to manage these changing dates.

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DHS Announces Updates to Labor Enforcement Investigations

A streamlined process to submit deferred action requests is now available for noncitizen workers who are witnesses to or victims of labor rights violations, the U.S. Department of Homeland Security (DHS) announced. Deferred action protects noncitizen workers from exploitive employers who use threats of immigration-related retaliation.

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Supreme Court to Consider Obstruction of Justice as Basis of Deportation

A pair of cases that consider whether deportation is appropriate for some obstruction of justice claims will be heard by the U.S. Supreme Court. The two matters come from split decisions via the Ninth Circuit and the Fourth Circuit courts.

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