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Adjustment of Status

DHS to Publish Long-Awaited Regulations on AC21 and ACWIAUPDATE: New Adjustment of Status Filing Procedures

Asylum

Sessions Nullifies BIA Decision in Case with Far-Reaching Impact for Victims of Gang-Based and Domestic Violence

Business Immigration

February 2023 Visa Bulletin – Groundhog Month: Most Preference Categories on Repeat from JanuaryJanuary 2023 Visa Bulletin – EB-1 China and India retrogress; most other preference categories freeze in placeDecember 2022 Visa Bulletin – Further Retrogression for EB-2 India

CBP

New Format for I-94 NumbersDHS To Negotiate Eleven New Preflight Inspection Offices in Latin America, Europe, Japan and the CaribbeanUPDATED: CPB Now Offers Email Addresses for “I-94 Correction Requests” at Some Deferred Inspection Sites

CIS

H-4 EAD Rule Delayed Until June 2018Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business ImmigrationUPDATE - USCIS Reinstates Premium Processing for All H-1B petitions

Consular Processing

New Address for US Embassy in London

Court Decisions

Trump Files Emergency Appeal with SCOTUS to Lift Public Charge InjunctionEl Salvadoran TPS Work Authorization Automatically ExtendedUPDATE: Supreme Court Allows Revised Travel Ban To Take Full, but Temporary, Effect

DED

USCIS Extends Deferred Enforced Departure/Employment Authorization for Liberians

Deferred Action

DACA Dreamers on Life SupportWhat Businesses Can Expect from Trump’s Immigration AgendaICE Defines Same-Sex "Family Relationships" For Purposes Of Exercising Prosecutorial Discretion

DHS

DHS Announces Temporary Protected Status for Ukraine and Redesignates TPS for South SudanEl Salvadoran TPS Work Authorization Automatically ExtendedDHS Announces End to TPS for El Salvador

DOL

COVID-19: How Do Furloughs Affect Nonimmigrant Workers?COVID-19: How Do Employers Comply with DOL Posting Requirements for Remote Employees?"Hire American, Buy American” Executive Order Not Likely to Change H-1B Landscape Significantly

DOL

USCIS and DOL suspend H-2B Processing Following Florida Court Order

E-Verify

Trending Now:  ICE Site Visits to Employers of Foreign GradsE-Verify Resumes OperationsNew Form I-9 to be Published July 17, 2017

Enforcement

USCIS Updates Policy Manual for E/L Spouses’ Work Authorization DocumentsCBP Now Issuing Work-Authorized I-94s for L and E SpousesCOVID-19 UPDATE: USCIS Extends Relaxed Requirements for Form I-9

F-1

Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business ImmigrationUSCIS To Temporarily Suspend Premium Processing for All H-1B PetitionsDHS Clarifies Policies Affecting Travelers and Applicants, As Details of Possible New Executive Orders Emerge

Federal Agencies

USCIS To Expand Premium Processing Service Over Next Several YearsUSCIS Updates Policy Manual for E/L Spouses’ Work Authorization DocumentsDHS Announces Temporary Protected Status for Ukraine and Redesignates TPS for South Sudan

Federal Laws/Legislation

COVID-19: Are Nonimmigrants Eligible for Unemployment Benefits?COVID-19: CARES Act Offers No Specific Relief to Nonimmigrant Workers, But May Help Them AnywayReducing Exempt Employee Payroll in Response to Coronavirus Uncertainty

H-1B

Premium Processing Service Suspension ExpandedFiscal Year 2019 H-1B Cycle Officially OverFY2019 H-1B Cap Reached

H-2B

DHS Clarifies Policies Affecting Travelers and Applicants, As Details of Possible New Executive Orders EmergeFederal Court Allows DOL To Continue H-2B Processing for Another Month in Pérez v. PérezDOL Issues FAQs On H-2B Processing After Pérez v. Pérez

Homeland Security

Sessions Nullifies BIA Decision in Case with Far-Reaching Impact for Victims of Gang-Based and Domestic ViolenceH-4 EAD Rule Delayed Until June 2018DACA Dreamers on Life Support

Humanitarian Relief

DHS Announces Temporary Protected Status for Ukraine and Redesignates TPS for South SudanNo TPS for Bahamians in the United StatesEl Salvadoran TPS Work Authorization Automatically Extended

I-9

USCIS Updates Policy Manual for E/L Spouses’ Work Authorization DocumentsCBP Now Issuing Work-Authorized I-94s for L and E SpousesCOVID-19 UPDATE: USCIS Extends Relaxed Requirements for Form I-9

ICE

COVID-19 UPDATE: USCIS Extends Relaxed Requirements for Form I-9Trending Now:  ICE Site Visits to Employers of Foreign GradsAnother Name, But Mostly The Same: Social Security No-Match Letters Are Back

Immigrant Visas

US Opens Flights to Fully Vaccinated Travelers – What Does It Mean for You and Your Family?Travel Ban Expanded to Include Nigeria, Eritrea, Tanzania, Sudan, Myanmar, and KyrgyzstanLots of Smoke, No Fire - The Debate Continues Around the Elimination of the Per-Country Limit for Employment-Based Green Cards

L-1

DHS Clarifies Policies Affecting Travelers and Applicants, As Details of Possible New Executive Orders EmergeUSCIS Suspends Export License Certification Requirement on Form I-129 Until February 20Employers Now Required To Complete Export License Certification for Nonimmigrant Workers

Labor Certification

USCIS Issues Precedent Decision Revising Legal Standard for National Interest Waiver PetitionsBALCA Says Employers Must Inquire Further Into Applicants Who Meet Overall Education and Experience Requirements

Legislation

DACA Dreamers on Life SupportDHS to Publish Long-Awaited Regulations on AC21 and ACWIAAppropriations Act Makes Immediate Changes to Visa Waiver Program

Naturalization

Citizenship Acquisition – US Law in a Global ContextA Midsummer Primer on NaturalizationUSCIS to release new Form N-400 on December 22, 2016, for mandatory use on or after December 23, 2016

Nonimmigrant Visas

Visa Stamp Delays: US Consulates Publish Increased Wait Times to Schedule AppointmentsUSCIS Updates Policy Manual for E/L Spouses’ Work Authorization DocumentsCBP Now Issuing Work-Authorized I-94s for L and E Spouses

Other

Termination of U.S.-Ecuador Bilateral Investment Treaty Affects E-2 Visa Eligibility for Ecuadorean NationalsUSCIS Approves First U Petitions Certified by National Labor Relations Board for Victims of Unfair Labor PracticesMany Visa Renewal Applicants in Mexico Now Exempt from Interview

Processing Times

USCIS To Expand Premium Processing Service Over Next Several YearsUSCIS’s Nebraska Service Center Announces Delays In Adjudication of H-4 and H-4 EAD Applications Concurrently Filed with Premium H-1B PetitionsUSCIS To Temporarily Suspend Premium Processing for All H-1B Petitions

REAL ID

Department of Homeland Security Extends Deadline for State Compliance with REAL ID Regulations

Refugees

Trump Signs New Travel Ban Executive OrderNinth Circuit Unanimously Rejects Reinstatement of Travel BanUPDATE: Trump Signs Executive Order Banning/Restricting Refugees and Other Nationals of Muslim-Majority Countries

SSA

Another Name, But Mostly The Same: Social Security No-Match Letters Are BackLimited SSA Services during Government Shutdown

State Department

US To Admit Fully Vaccinated Travelers Without NIEs Starting November 8DOS Shortens L-1/L-2 and E-1/E-2 Visa Validity for Citizens of FranceSeptember 2018 Visa Bulletin – Severe Retrogression for all countries, all categories (except EB-3 China)

State Laws/Legislation

COVID-19: Are Nonimmigrants Eligible for Unemployment Benefits?

TN

Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business ImmigrationUSCIS Issues New Guidance Restricting who Qualifies as a TN EconomistWhat Businesses Can Expect from Trump’s Immigration Agenda

TPS

DHS Announces Temporary Protected Status for Ukraine and Redesignates TPS for South SudanNo TPS for Bahamians in the United StatesEl Salvadoran TPS Work Authorization Automatically Extended

US Embassies

No Consular Services Will Be Available at Any U.S. Embassy or Consulate Worldwide on Friday, October 9, 2015National Visa Center Will No Longer Collect Original Civil Documents for Immigrant Visa ApplicationsSequestration May Impact Visa Wait Times

USCIS

USCIS To Expand Premium Processing Service Over Next Several YearsUSCIS Updates Policy Manual for E/L Spouses’ Work Authorization DocumentsCBP Now Issuing Work-Authorized I-94s for L and E Spouses

Visa Lottery

Diversity Visa Update - New DV-2019 Entry Period Announced; Resubmissions RequiredState Department Diversity Visa Lottery Begins October 3, 2017State Department Diversity Visa Lottery Begins October 1

Visa Waiver Program

Appropriations Act Makes Immediate Changes to Visa Waiver ProgramNew Fees for Use of Visa Waiver ProgramErrors on New Electronic Visa Application (DS-160) Can Have Serious Consequences

Waivers

USCIS Issues Precedent Decision Revising Legal Standard for National Interest Waiver PetitionsUSCIS Begins Accepting Provisional Waivers from Immediate Relatives of U.S. CitizensDHS Announces Final Rule for Certain Family Members of US Citizens to Obtain "Stateside Waivers" of Unlawful Presence

Workplace Enforcement

Trending Now:  ICE Site Visits to Employers of Foreign GradsSpring Cleaning: Are Your Public Access Files Ready for Inspection?Another Name, But Mostly The Same: Social Security No-Match Letters Are Back

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Recent Updates

  • February 2023 Visa Bulletin – Groundhog Month: Most Preference Categories on Repeat from January
  • January 2023 Visa Bulletin – EB-1 China and India retrogress; most other preference categories freeze in place
  • A COVID Surge in China Results in Renewed Restrictions for Travel to the United States
  • December 2022 Visa Bulletin – Further Retrogression for EB-2 India
  • November 2022 Visa Bulletin – A Warning for EB-2 All Other Countries

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About Our Immigration & Nationality Law Practice

Hunton Andrews Kurth LLP’s Immigration practice counsels HR professionals on the full range of business immigration options available for attracting and retaining top international talent and moving them across international borders. We advise on the full range of business immigration matters, including US immigration, I-9 compliance and E-Verify, and global immigration to dozens of countries around the world. We also routinely take pro bono cases on behalf of refugees and immigrants because we believe that lawyers have an ethical obligation to represent those who cannot afford legal help.

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