Immigration Compliance

Overview As of January 17, 2025, a new rule allows H-1B beneficiaries to self-petition even if they have a controlling interest in the petitioning entity. This change is designed to facilitate access to H-1B visas for entrepreneurs and beneficiary-owned businesses, providing them with the opportunity to contribute to the U.S. economy through innovation and job...

On January 20, 2025, President Trump issued an executive order titled “Protecting the American People Against Invasion.” This directive mandates the Department of Homeland Security (DHS) to prioritize compliance with the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA), codified as 8 U.S.C. 1302. This move underscores a renewed emphasis...

In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) has announced that, effective January 22, 2025, applicants for adjustment of status to lawful permanent resident (Green Card applicants) will no longer be required to provide proof of COVID-19 vaccination on their Form I-693, Report of Immigration Medical Examination and Vaccination Record. Under...

In his first few days in office, President Trump and his administration have introduced a slew of measures aimed at reducing Immigration.  On his first day, he signed a number of executive orders that will reshape the Immigration landscape as we know it for the foreseeable future.  This article will focus on the changes that...

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...

When an employer is unfamiliar with the H-1B process, the most common question I hear after approval is, “What should we do next?”  When an employee changes their status to H-1B, there are several important steps and considerations to ensure compliance with U.S. immigration laws. Here is a comprehensive guide for employers navigating this process:...

The U.S. Customs and Border Protection (CBP) agency has made significant strides in modernizing the admission process for foreign nationals entering the U.S., most notably through the implementation of “Simplified Arrival” and the move to stampless entry for most admission categories in 2022. However, despite these technological advancements, errors in admission records continue to occur....

A new trend has emerged where USCIS is approving employment-based green cards even when the applicant’s priority date is not current. Normally, to receive a green card, there must be a visa number available, corresponding to the applicant’s priority date. According to U.S. Citizenship and Immigration Services (USCIS), visa numbers are generally assigned at the...