When USCIS announced that H-4 holders would qualify for an automatic extension of their EAD, this was praised as a move in the right direction. However, the caveat to this rule is that to qualify for an automatic extension an individual needs to have a valid I-94. The automatic extension was initially 180 days, but...
How To Take Advantage Of The 540-Day Automatic Extension For H-4 Holders
Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards. Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards. This was great news. Typically, there are 140,000 employment-based green cards available...
In 2012, the Obama administration under the President’s executive power implemented the Deferred Action for Childhood Arrival program, better known as DACA, after congress failed to pass the more comprehensive DREAM Act which was first introduced in 2001. DACA was created to allow for applicants, or so-called Dreamers, that were brought to the U.S before...
By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. In November 2021, EB-3 India dates retrogressed by...
With each new year comes another H-1B lottery. Although the registration won’t open until March, Employers and potential employees need to start thinking about the process early on to make sure they are prepared. In the two previous years, USCIS has used electronic registration as a way of conducting the lottery and will continue to...
USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years. The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be...
Feb242021
PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is a critical component of the employment-based immigration process, as it initiates the journey toward lawful permanent residency for foreign nationals through employment. This process, which includes both PERMs and audits, is essential for ensuring...
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the...