July 13, 2026 Fewer Green Card Holders Becoming Citizens
July 13, 2026 Understanding Recent Visa Revocation Trends
July 13, 2026 Automatic Employment Authorization Extensions Announced
July 9, 2026 When You Have Two I-140s: Sorting Out AC-21 Portability After an EB-2/EB-3 Downgrade
July 8, 2026 Prevailing Wage Data Announced for 2026-27 Fiscal Year
July 8, 2026 Clarification of Discretionary Employment Authorization
September 29, 2022
USCIS Announces Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Some Forms
U.S. Citizenship and Immigration Services announced the extension of a temporary waiver for civil surgeon signatures for qualifying forms. The current waiver ends on September 30, 2022. The new date is March 31, 2023. Read below for the full announcement.
September 28, 2022
Removal Challenge Allowed In Spite of Missing the Filing Window
An individual trying to reopen their removal matter due to an invalid conviction was originally denied due to missing the filing window. The person did not file the challenge within the 90-day filing period after the removal of the conviction. Waiting beyond the end of the required period originally ended the person’s ability to challenge their removal. However, working with an experienced attorney, an alternate method was found.
September 28, 2022
USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
September 27, 2022
Foreign Worker Sponsorship Denied Due to Salary Differences
The initial denial of a request to sponsor a foreign worker has been upheld by the U.S. Department of Labor (DOL) on the basis that the wage advertised did not match the wage offered to the individual. This is illegal.
September 23, 2022
H-1B FY2023 Insights: Important Considerations as October 1 Approaches
As we draw closer to October 1, the start date for H-1B FY 2023 cap petitions, there are several important considerations to bear in mind. First, if your petition is still pending and has not been adjudicated to a final decision, you may want to consider expediting the process. While it remains pending, it is important you are aware of work authorization and travel considerations that could affect your status. Next, if you requested a change of status and it was approved, that change of status will be automatic as of October 1, which means you must prepare accordingly. Finally, if there have been any changes to the terms and conditions of the H-1B when it was initially filed, you must make sure to notify USCIS by October 1, when those terms and conditions take effect. This entails filing an amendment, which must be filed and received by USCIS before you can work pursuant to those changes.
September 22, 2022
Foreign Worker Sponsorship Rejected Due to Incomplete Review of American Applicant
A company submitted an appeal due to the denial of a request to sponsor a foreign worker and was rejected. The basis of the rejection is the lack of reviewing the credentials of a potentially qualified American candidate. The company failed to complete a job interview to assess the educational background and skills of the American applicant. On that basis, the U.S. Department of Labor appellate board supported the agency’s previous finding that rejected the foreign worker sponsorship as the lack of complete review violates regulatory requirements.
September 22, 2022
Audit Finds Incomplete Processing of Migrants by CBP
The Department of Homeland Security (DHS) Office of the Inspector General (OIG) found that U.S. Customs and Border Protection (CBP) failed to issue A-numbers, or alien registration numbers to some migrants. A-numbers are used to track the immigration process for each individual. The OIG audit found that 107 of the 384 observed individuals were not provided with their A-number. The OIG further reported that the Border Patrol agents stated they focused on expediting processing to reduce overcapacity and as a result, failed to issue the number.
September 22, 2022
Asylum Final Rule Published by DHS
The Department of Homeland Security (DHS) issued an asylum final rule which became effective on February 7, 2022. The updated rule reflects the outcome of a legal effort between Asylumworks et al. v Mayorkas et al. In that legal case, the following rules, issued in June 2020, have been vacated and are no longer in effect: the timeline appeal rule and the broader asylum employment authorization document rule.
September 21, 2022
USCIS Announces Next Phase of Premium Processing For Some EB-1, EB-2
U.S. Citizenship and Immigration Services (USCIS) announced the next phase of premium processing EB-1, EB-2, becoming available for some qualifying petitioners. Individuals must have a previously filed I-140, Adjustment of Status under E13, E21, or National Interest Waiver.
September 21, 2022
‘Historic’ Number of Immigration Cases Closed In FY2022
A record number of cases have been closed in the first 11 months of the current U.S. government fiscal year. The 375,000 cases processed used the Biden administration court policies to achieve this result, per the Syracuse University Transactional Records Access Clearinghouse (Trac) site.
The increase in the number of immigration judges and the resumption of previously used case management tools are noted as resources. Per TRAC, the Biden administration updated policies to give greater authority to immigration courts, basically supporting a faster processing period for these cases to address the backlog of 1.9 million cases and work toward reducing it.
September 14, 2022
How to Read the Visa Bulletin for Family-Based Visa Cases
Understanding how to read the Visa Bulletin is critical to successfully completing the required documentation at the right time. With a focus on the family-based visa, we review the structure, key definitions, and provide examples, too. Of course, if you have questions, contact us anytime.
September 14, 2022
Asylum Case Appeal Denied Based on Government Protection Proof
An asylum bid has been denied in the appellate court, with the Sixth Circuit stating the U.S. Board of Immigration Appeals (BIA) correctly found the applicants did not provide sufficient proof they would not be protected by their home country's government. The question of the home country’s ability to limit dangerous gang activity is at the heart of the issue. The appellate court found that the BIA ruling, as long as it has a good basis of evidence, is to be upheld.
September 13, 2022
Asylum-Seekers Claim Delay of Employment Authorization Processing
A group of asylum-seekers is pursuing a summary judgment against the U.S. Department of Homeland Security due to ongoing delays in processing employment authorization. A preliminary injunction issued in 2020 requires DHS to process work authorization requests for asylum-seekers within a 30-day timeline. However, the group claims the requests are not being processed accordingly, causing harm.
September 13, 2022
Comprehensive Guide: Filing Lawsuits to Compel Action on Excessively Delayed Immigration Cases
As many individuals have unfortunately experienced, lengthy immigration delays have increased dramatically in recent years. Both at the USCIS processing stage and during the consular process, it is now not uncommon to face indefinite delays with few or no updates from the relevant authority. One possible course of action is to file an immigration lawsuit.
September 8, 2022
The October 2022 Visa Bulletin Shows Retrogression for EB-2 India
he Department of State released the much-awaited October 2022 visa bulletin, the first visa bulletin for the fiscal year 2023. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in October 2022. The State Department releases both the Final Action Dates and Date of Filing Application for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirmed which chart Applicants must use to file their Adjustment of Status Application (AOS). Below is the breakdown of the movements in the October 2022 visa bulletin. Some retrogression is noted.
September 8, 2022
DHS Publishes Fair and Humane Public Charge Rule
The Department of Homeland Security announced the publication of the final rule, providing a fair and humane public charge rule. The rule is scheduled to be published in the Federal Register on September 9, 2022, with an effective date of December 23, 2022.
September 7, 2022
USCIS Updates Guidance Related to Religious Workers
The U.S. Citizenship and Immigration Services (USCIS) announced updated guidance for religious workers. The efforts expand and reorganize existing guidance. Per the Immigration and Nationality Act (INA), qualified individuals who are affiliated with a verified religious organization or affiliate are given the option to apply for a special immigrant visa, the R-1 nonimmigrant visa classification. This visa allows the recipient to temporarily enter the United States as a minister for a specific religious organization.
September 7, 2022
Lying, Filing False Immigration Documents Results in Prison Sentence
Two individuals falsely claiming to be immigration attorneys and filing false documents for recruited individuals have been assigned a five-year prison sentence. The individuals operated two companies called JLLAS Corp. and EIMAAN LLC offering immigration services. Many of the clients of these companies did not have a legal status to be in the United States and had a limited understanding of the English language. The companies were paid by these individuals, totaling over $325,000. Over 40 individuals who were working to gain work authorization, green cards, and other paths to obtain citizenship were affected.
September 6, 2022
DACA Rule Shouldn’t Delay Circuit Court Review
The recent update to the Deferred Action for Childhood Arrivals (DACA) program instituted by the Biden Administration should not slow the review of a previous order, currently under appeal. That previous order stopped the enrollment of new applicants to the DACA program. That decision is being appealed and is currently under the Fifth Circuit court. However, the circuit court is considering sending the case back to the lower court. The Biden administration is urging the Fifth Circuit court to review the appeal and deliver a decision.
September 1, 2022
New Asylum Evidence Must Be Considered By BIA
A matter for an individual making a second effort to gain asylum in the United States has been revived by the Ninth Circuit. The group found that the Board of Immigration Appeals (BIA) did not consider new information submitted by the individual appropriately.
A panel stated that the BIA made an error in not agreeing to reconsider a 1997 asylum request review. The basis of the denial was that material changes had not been seen in the region since the individual originally submitted their asylum request, back in the late 1990s. However, the home country of the individual has seen several changes that, in the panels’ opinion, are sufficient to prove reconsideration is warranted.