Chris Prescott

The Department of Homeland Security (DHS) has introduced a new regulation aimed at modernizing the H-2B program (including H-2A also).  This regulation goes into effect on January 17, 2025, days before Trump takes office. Elimination of eligible countries The new H-2B rule eliminates the eligible country list, allowing employers to hire H-2B workers from any...

The Edakunni v. Mayorkas settlement reached mandated the U.S. Citizenship and Immigration Services (USCIS) to bundle the processing of specific forms for H-4 and L-2 visa holders. Key Provisions of the Edakunni Settlement: Bundled Processing: Under the settlement, USCIS agreed to process Forms I-539 (Application to Change or Extend Nonimmigrant Status) and I-765 (Application for...

It is not uncommon for an administration to push through a final rule before a new administration takes over. With Trump expected to take a tough stance on all immigration, including legal immigration, this rule is a last ditch attempt by the Biden administration to preserve and modernize the H-1B program. The H-1B program is...

For many immigrants, U.S. citizenship is the ultimate goal. However, the path to naturalization requires meeting several key requirements. Among the most important are the continuous residence and physical presence requirements. While these terms may seem similar, they have distinct legal meanings and implications. Understanding these requirements is essential for any lawful permanent resident (LPR)...

On December 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a significant update affecting applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status. This update mandates that certain applicants must now submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, concurrently with their Form I-485. Failure to do...

As of December 2024, the processing times for the Permanent Labor Certification (PERM) program have experienced notable changes, affecting both employers and foreign workers pursuing employment-based green cards. Staying informed about these timelines is essential for effective strategic planning in the immigration process. Today our firm received the first PERM approval under the new FLAG...

As the Trump administration returns to power in January 2025, it’s crucial for international students to be aware of the potential pitfalls associated with Day 1 Curricular Practical Training (CPT). While Day 1 CPT might seem like an attractive option for those who wish to continue working while studying, it carries significant risks that could...

Filing Form I-751, the Petition to Remove Conditions on Residence, is a critical step for conditional permanent residents striving to secure their full 10-year green card. While the process might seem straightforward, there are several mistakes an individual can make which could lead to processing delays, requests for additional evidence (RFEs), or even denial. Within...