New Public Charge Rule Implemented by Trump will be Dead

On March 9, 2021, DHS announced that it would no longer defend the 2019 Public Charge Rule (2019 Rule) implemented by the Trump Administration which led to the creation of the Form I-944. Lawsuits were filed challenging the 2019 Rule. It has been confusing at times when the Rule was put on hold, then back on, then only applicable to some jurisdictions. Given that the last court decision was to...

Breaking: Designation of Venezuela for TPS

Update: March 17, 2021 USICS issued the following clarifications in light of inconsistencies that were discovered on Form I-821 instructions and the Federal Register Notice Mailing Zip Code Correction The zip code listed in the Federal Register was incorrect. The correct USPS filing addresses are located in the “Where to File” dropdown box on the TPS-Venezuela page on USCIS.gov. Biometrics...

Steps to Take by the Employer when Attorney is Registering H-1B Candidates on its Behalf

This post relates to employer's obligations when it has retained an attorney to handle its H-1B registration. First, the employer must have access to its USCIS account. If employer has created an account last year, the same login credential should work. If not, employer should go through the reset password procedure. If employer has never created an account, employer should follow the...

DOL Announces Accommodations for Employers in Texas and Oklahoma

DOL’s OFLC has released a FAQ regarding the extent of its accommodations for employers in Texas and Oklahoma who were impacted by the recent weather disaster. Accommodations include, for example, deadline flexibility and guidance relating to unintended changes in worksite. Anyone in these states who has on-going cases relating to PERM, labor certification, prevailing wage request, H-2A, H-2B,...

ICE Announces Case Review Process

ICE announces the creation of case review process for those who believe their case was not properly considered under the current enforcement priorities. Details about the current enforcement priorities are shown below. Individuals requesting a detention case review should contact their local ERO field office for initial consideration. Upon request, cases will be further reviewed by a Senior...

Avoid Common Errors During H-1B Registration

As we enter into the registration period (March 9, 2021 to March 25, 2021), it is important to note some of the common mistakes so that each beneficiary is properly registered. The company should be aware that there are three account types to choose from. Choose the correct one. Regardless of whether they have an attorney or not, they must have an account as a “H-1B registrant”. Please see...

Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021

As we have previously reported, this final rule has been postponed in light of Biden's efforts to postpone "midnight regulations" that signed by President Trump during the waning days of his administration. See our earlier posts: Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject PetitionH-1B Lottery unlikely to be impacted by the New RuleH-1B Lottery for FY2022 will Remain...

Can TPS Recipients Apply for Adjustment of Status?

In order to pursue adjustment of status and become a lawful permanent resident (LPR), an applicant must in addition to meeting other requirements have been properly "inspected and admitted or paroled" into the United Sates. Otherwise, the applicant cannot apply for Green Card inside the U.S. A TPS recipient have lawful status in the U.S. given the TPS designation but oftentimes they obtained TPS...

H-1B注册抽签3月9日开始

美国移民局2022年度H-1B注册抽签将从3月9日开始,您和您的雇主准备好了吗? H-1B签证一直是美国最重要的工作签证之一。H-1B签证允许从事专业职业 (specialty occupation)...