Starting on September 5, 2024, the U.S. Department of State will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days. Lightering is the ship-to-ship transfer of liquid cargo. The new[Read More]
Legal Alerts
USCIS Publishes Filing Guide for Keeping Families Together
On Aug. 19, 2024 USCIS will begin accepting requests for, using a new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Form I-131F will not be available on uscis.gov until Aug. 19. USCIS is not accepting any other form for Keeping Families Together. Do not file a request for[Read More]
USCIS Increases Fees for Certain Immigration Petitions and Applications
Adhikari Law PLLC. Washington, DC. U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees. The new fees under the final rule will go into effect on April 1, 2024. USCIS plans to recover a greater share of its operating costs and support more timely processing of new[Read More]
State Department plans to implement Pilot Program to Resume Renewal of H-1B Visa in the United States
Washington, D.C. U.S. Department of State (DOS) has initiated a rule-making process for the visa renewal within U.S. DOS’s draft Federal Register notice, “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens,” is currently under review by the Office of Information and Regulatory Affairs (OIRA), a division[Read More]
USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings
Washington, D.C., USCIS is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR). Effective Oct. 16, 2023, if EOIR dismissed or terminated your removal proceedings and you choose to pursue a claim for asylum, you must submit a current version[Read More]
ICE Form I-9 requirement flexibility ends on July 31, 2023 which granted employers more time to comply
Washington, D.C. U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) today announced that the U.S. employers will have 30 days to reach compliance with the Form I-9 requirements after the COVID-19 flexibilities ends on July 31, 2023. ICE had annouced this flexibility for the first time on March 2020 and subsequently extended[Read More]
Continuation of TPS and related documentation for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal’s TPS beneficiaries
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) has published a Federal Register Notice on November 16, 2022. With this notice, Department of Homeland Security (DHS) is automatically extending the validity of certain Temporary Protected Status (TPS) related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”)[Read More]
National Interest Waivers (NIW) for Advanced Degree Professionals or Persons of Exceptional Ability
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]
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]