In an effort to increase efficiency and reduce burdens to the overall legal immigration system, USCIS has announced three new actions intended to reduce backlogs, expand Premium Processing Services and provide timely access to Employment Authorization Documents (EADs).   Reducing Backlogs: To reduce backlogs, USCIS has established new internal cycle time goals. These goals are internal … Continue reading USCIS Expands Premium Processing Services

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USCIS has delayed the adjudication of I-131 Advance Parole applications for travel documents. Routinely, these forms are submitted and adjudicated concurrently with I-765 forms requesting work authorization for employment-based green card applicants. Approved applicants receive an EAD card (employment authorization document) with the notation “Serves as I-512 Advance Parole” included on the card.   However, … Continue reading USCIS now approving EADs without APs to improve EAD processing times

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As we reported in a previous news release last November, the Department of Homeland Security (DHS) reached a settlement agreement with nonimmigrant plaintiffs in which it agreed to, among other things, recognize work authorization incident to status for the spouses of L visa holders.   Earlier this week, the DHS began implementation of this change … Continue reading Spouses Will Now Receive Work Authorization Incident to Status

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U.S. Citizenship and Immigration Services has announced that the registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. In order to file a new H-1B case, employers must complete registrations using the USCIS online H-1B registration system. H-1B registration … Continue reading H-1B Cap Details Announced

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Today, fifteen nonimmigrant plaintiffs reached a settlement agreement with the Department of Homeland Security in a putative class action over long-delayed processing of H-4 and L-2  employment authorization documents (EADs).   The settlement agreement contains two key changes for H-4 and L-2 work authorization:   The first major victory is for automatic extension of EAD based … Continue reading Employment for spouses gets major win today

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The White House announced that the U.S. is lifting COVID-19 travel restrictions for fully vaccinated travelers starting November 8, 2021. The announcement applies to both land borders and air travel.   The U.S. will admit fully vaccinated foreign air travelers from the 26 Schengen countries in Europe, including France, Germany, Italy, Spain, Switzerland and Greece, … Continue reading U.S. lifting entry restrictions for vaccinated travelers starting November 8

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In March 2020, the United States closed the land border to non-essential travel in an effort to help reduce the spread of COVID-19. On October 12, 2021, the Department of Homeland Security announced that the U.S. is lifting the COVID-19 restrictions starting in November 2021. The U.S. will allow travel for non-essential purposes, including to … Continue reading U.S. to reopen land borders to fully vaccinated travelers from Canada and Mexico

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The Senate failed on Monday to pass a key procedural FY 2022 federal budget vote to advance the House-passed short-term government funding bill. If lawmakers fail to reach an agreement, U.S. government funding could expire and lead to a full federal government closure on 12:01 am on October 1, 2021.   What impact does this have on immigration processing? Each federal agency would have its own shutdown plan, which will coordinated by the Office of Management and Budget. However, based on prior shutdowns in previous years, the following should be expected: Immigration operations that should remain in operation:   Customs and Border Protection (CBP): CBP is likely to continue processing immigration applications at the border and performing inspection functions. Immigration and Customs Enforcement: ICE enforcement activities and operations of the Student and Exchange Visitor Information System (SEVIS) should continue. SAVE System (USCIS database used by government agencies such as state motor vehicle departments to verify an applicant’s immigration status when processing applications for benefits).   Immigration operations that will likely be suspended:   Department of Labor (DOL): As the DOL would likely be categorized as a non-essential function, DOL immigration functions will likely be suspended. No PERM applications, labor condition applications (LCAs), prevailing wage determinations (PWDs) or applications for temporary labor certification would be processed. The agency would not accept PERM applications or audit responses, LCAs or prevailing wage requests either online or by mail. E-Verify: Employers should expect to be unable to initiate E-Verify queries or resolve tentative non-confirmations, and would not be expected to meet the usual E-Verify deadlines until the program is reauthorized. Please note, employers should not take any adverse action against any employee whose employment eligibility verification cannot be confirmed in E-Verify due to the shutdown. All employers will remain subject to Form I-9 obligations and deadlines as usual. Conrad 30 Program   Immigration operations that will be potentially experience further processing delays:   U.S. Citizenship and Immigration Services (USCIS): The USCIS should continue to process applications but processing delays, already widespread, would continue or worsen. Appointments at USCIS local offices and Application Support Centers should not be affected by the shutdown, though COVID-19 precautions are still in place. Department of State: Some passport offices may be affected if they are located in federal buildings that are closed due to the shutdown, but if not, should continue operations. Although the State Department’s visa processing and U.S. citizenship document functions are not expected to be suspended, they may be further affected by reduced staffing and other effects of the COVID-19 pandemic.   We will continue to monitor the situation and provide updates as they become available. In the meantime, please contact your Graham Adair attorney with any questions.

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Yesterday, the Biden Administration announced that it plans to rescind the current geographic COVID-19 related travel bans implemented for foreign nationals traveling from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India and will instead implement a requirement that foreign nationals be fully vaccinated against COVID-19 to enter the U.S. While at this time the administration did not provide an exact date of implementation, officials did state that they anticipate this will be in place in early November. We also expect to have further details on what proof will be required and what vaccines will be accepted in early November.

If you have any questions, please contact your Graham Adair attorney.

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Graham Adair is pleased to announce a transition agreement with Baker Law Corporation. After many successful years of managing her own firm, Debra Baker has decided to retire and turn her practice over to Graham Adair. As part of the transition, Graham Adair will also be bringing on her experienced and dedicated staff.

Sam and Chad previously worked at a large international law firm where Debra ran the immigration practice group in the Bay Area. It is an honor for Graham Adair to carry on the illustrious practice that Debra has built, which includes a focus on customer service and customized solutions to meet varying client needs. Debra will remain involved during the transition.

The official transition will take place as of July 1, 2021.

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