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Court Rules in Favor of L-2 and H-4 EAD

On September 23, 2021, Plaintiffs filed a putative class action alleging, pursuant to the Administrative Procedure Act (“APA”), that USCIS unlawfully withholds employment authorization incident to status to L-2 Plaintiffs. The suit also alleged that USCIS unlawfully withholds automatic extensions of employment authorization for H-4 Plaintiffs. The court’s decision issued on November 10, 2021, states the following: H-4 Nonimmigrants Receive

Litwin & Smith 11/11/2021

Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic

The Biden Administration’s policy is to implement science-based public health measures across all areas of the Federal Government to prevent the further introduction, transmission and spread of COVID-19 into and throughout the United States, including from international air travelers. These measures include testing and mask-wearing, which are critical strategies to limit the spread of COVID-19 from asymptomatic and pre-symptomatic individuals,

Litwin & Smith 10/26/2021

November 2021 Visa Bulletin

Employment Based EB-2 India advanced. Both the China-mainland born and India Employment Third preference final action dates retrogressed.

Litwin & Smith 10/18/2021

COVID-19 VACCINE ADVISORY

Individuals submitting Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021, must provide proof of vaccination against COVID-19. Most applicants filing for adjustment of status to become a lawful permanent resident with U.S. Citizenship and Immigration Services (USCIS) or an immigrant visa application with Department of State (DOS) must submit Form I-693 completed by

Litwin & Smith 10/11/2021

Considerations when seeking an employment-based adjustment of status

EB backlogs have long wait times for applicants around the world. Applicants from India and China, in particular, may have been caught in a decades-long wait. While you’re waiting for your priority date to become current, it is important that you maintain nonimmigrant status. You may be considering an employment-based adjustment of status. Options The American Competitiveness in the 21st

Litwin & Smith 08/26/2021

USCIS Conducts 2nd H1B Lottery

The Filing Window for Registrations Selected in the 2nd H1B Lottery ends Nov 3 USCIS recently determined that additional registrations we needed to reach the FY 2022 numerical allocations. On July 28, USCIS selected previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on July 28 will begin on Aug. 2 and

Litwin & Smith 08/05/2021

Foreign students not selected in H1B cap lottery still have options

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do? Fortunately, there are still many

Litwin & Smith 05/18/2021

3 steps you can take early on to improve your odds of I-140 acceptance

Most people seeking an employment-based visa have to follow similar steps in the application process. The first step is labor certification. The second step, in most cases, is filing the I-140 petition. You may make it through the labor certification phase without a hitch, only to face denial at the I-140 phase. This can be extremely disappointing. However, there are

Litwin & Smith 05/14/2021

DHS Extends IE Parole Program

U.S. Citizenship and Immigration Services announced on May 10, 2021 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.

Litwin & Smith 05/10/2021

U.S. embassies and consulates use a tiered approach to triage immigrant visa applications as they resume and expand processing.

Consular sections will resume providing all routine visa services as it is safe to do so in that location using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.

Litwin & Smith 05/04/2021

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San Francisco Immigration Law Blog

Court Rules in Favor of L-2 and H-4 EAD

Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic

November 2021 Visa Bulletin

COVID-19 VACCINE ADVISORY

Considerations when seeking an employment-based adjustment of status

USCIS Conducts 2nd H1B Lottery

Foreign students not selected in H1B cap lottery still have options

3 steps you can take early on to improve your odds of I-140 acceptance

DHS Extends IE Parole Program

U.S. embassies and consulates use a tiered approach to triage immigrant visa applications as they resume and expand processing.

Recent Posts

How the H-1B Lottery Works for FY 2024

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USCIS Proposes Adjustments to Visa Application Fee Structure

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