Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual guidance on adjudicating national interest waiver requests along with I-140 petition, including special considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. USCIS is now clarifying how the national interest waiver can be used[Read More]
Legal Alerts
ICE announces extension on new employee guidance to I-9 compliance flexibility
Washington, D.C. U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the DHS will extend this policy until April 30, 2022. The current extension includes guidance[Read More]
DHS agrees to Employment Authorization-related Settlement Agreement with H-4 and L-2 Spouses
AILA and its litigation partners, enters into a settlement agreement with the DHS in Shergill, et al. v. Mayorkas, which provides changes for nonimmigrant H-4 and L-2 spouses suffering from long-delayed processing times for the processing of applications for employment authorization. L-2 nonimmigrant spouses will, after 120 days, enjoy work authorization incident to status. In[Read More]
President Biden issued a proclamation resuming the global travel into the U.S. effective from November 8, 2021
President Biden has issued a presidential proclamation (P.P.) resuming the global travel into the U.S. effective from November 8, 2021, at 12:01 am (ET). The proclamation moves away from country-by-country travel restrictions and adopts an air travel policy that relies primarily on vaccination (accepted COVID-19 vaccines), with limited exceptions. The memo states: This proclamation governs[Read More]
ICE announces extension, new employee guidance to I-9 compliance flexibility
Washington, D.C. U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the DHS will extend this policy until August 31, 2021. The current extension includes guidance[Read More]
DHS Announces Continuation of International Entrepreneur Parole Program
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) has announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create[Read More]
ICE announces extension to I-9 compliance flexibility until May 31, 2021
Washington, D.C. U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the DHS will extend this policy until May 31, 2021. The current extension includes guidance[Read More]
DOL announces additional 18 months delay in effective date of prevailing wage rule affecting H-1B and PERM Workers
Washington, D.C. The U.S. Department of Labor (DOL) has issued a Federal Register notice proposing to further delay the effective date of the Final Rule, Strengthening Wage Protections (i.e. prevailing wage calculation method from the OES source) for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen[Read More]
USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) today announced it may reopen and/or reconsider adverse decisions on H-1B petitions made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity[Read More]
Department of Labor announces delay in Effective Date of Final Rule affecting Prevailing Wages for H-1B, H-1B1, E-3 and PERM Workers
DOL has issued notice informing the public that the previously published Final Rule would be delayed from March 15, 2021 to May 14, 2021. On January 20, 2021, Ronald A. Klain, Assistant to the President and Chief of Staff, issued a memo titled “Regulatory Freeze Pending Review” that directed federal agencies to consider postponing the[Read More]