News

Updates on USCIS, State Department, and DHS policy, with notes on who is affected.

On 1/28/2022, USCIS announced that the initial registration period for 2023 H-1B cap will open at noon on March 1 with Eastern time, running through noon Eastern on March 18, 2022. USCIS online H-1B registration system can be used to complete and submit the registrations.

U.S. Citizenship and Immigration Services (USCIS) earlier announced a new policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR), filing a petition to remove the conditions on their permanent resident status. With the new policy update, USCIS officers will be guided to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. New update has replaced previous agency guidance requiring all CPRs to undergo an interview if they obtained CPR status via consular processing.

As a result of COVID-19 and its economic impact, bankruptcy claims have been on the rise. Declaring bankruptcy may be an appealing option for a struggling business defending a lawsuit, but it is rarely the saving grace it appears to be. Bankruptcy is often a long and costly process, which ultimately causes more harm than good to the filing entity. When considering how to approach a suit that threatens the financial viability of your business, it is helpful to understand the possible impact of and alternative options to bankruptcy.

The L-1 visa is available for employers who wish to transfer an employee from a foreign branch, subsidiary, affiliate, parent, or related corporate entity to work or establish a related entity in the United States. There are two types of L-1 visas. The first being L-1A: Intracompany Transferee for Executives or Managers and the second being L-1B: Intracompany Transferee for Employees with Specialized Knowledge. Each type of L-1 visa has its own distinct eligibility requirements.

On March 24, 2022, the Biden administration announced that the U.S. would provide refuge to 100.000 Ukrainians and others fleeing from Russia’s Invasion. Many countries, including Poland, Romania, Moldova, and Germany, have hosted around four million displaced Ukrainian people in response to the most dramatic humanitarian crisis in Europe since WW II.

The Biden Administration recently issued a new rule allowing for asylum officers at the U.S.-Mexico border to adjudicate claims for protection from removal made by immigrants. According to The Department of Homeland Security, this rule was a part of the aim shortening the time between a noncitizens’ arrival at the border and a decision if the persons can remain in the U.S.

Over the last couple of months, the effects of the coronavirus (the “COVID-19) outbreak have been widespread, disrupting numerous businesses around the world. With rapidly evolving situation, new laws and guidance, it is important for employers to closely monitor the pandemic, workplace policies and procedures implemented to protect workers from COVID-19.

The State Department will begin accepting online registrations for the Fiscal Year (FY) 2023 Diversity Visa (DV) lottery starting on Wednesday, October 6, 2021, at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday