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Blog Post
“I’ll apply once Trump is gone” -- I’ve heard this phrase echoed numerous times in 2020, and particularly since the onset of the COVID-19 Pandemic. While I understand the underlying sentiment expressed (e.g. immigration applications may be more favorably adjudicated under a new administration), I caution anyone with this line of reasoning to reconsider any delay in applying for immigration benefits for the following reasons: USCIS Will be Increasing the Costs of a Majority of Immigration Applications First, delaying submission is very likely to result in having to pay increased application costs. Beginning October 2, 2020, the Department of Homeland...
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Blog Post
The Department of Homeland Security (DHS) has published two rules greatly limiting asylum seekers’ ability to apply for an employment authorization document (EAD). The first rule will go into effect August 21, 2020, while the second set of rules will go into effect August 25, 2020. Below, we break down some of the most notable changes relating to an applicant’s ability to obtain an EAD while his or her asylum application remains pending: RULE GOING INTO EFFECT AUGUST 21, 2020 DHS will no longer require initial EAD applications be adjudicated within 30 days. In the past, USCIS was required to...
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Blog Post
On June 30th, 2020, the fiscal year (FY) 2021 H-1B Cap petition filing period closed, officially marking the end of yet another H-1B season. Unlike previous years wherein employers and attorneys were required to prepare and submit complete filings on or about April 1st (when the cap traditionally opened), USCIS streamlined the process by announcing an electronic filing process. As such, instead of having to file all applications without knowing whether or not they would be selected for processing, representatives and employers were first notified electronically whether their registrations were selected, thus making them eligible to file. The registration period...
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Blog Post
¿Qué es un cambio de estatus? Generalmente, ciertos ciudadanos extranjeros que están en los Estados Unidos bajo una clasificación de no inmigrante pueden solicitar cambiar estatus a otra clasificación de no inmigrante si cumplen con ciertos requisitos. Esto se denomina “cambio de estatus” y se realiza mediante la presentación de una solicitud ante el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS, por sus siglas en inglés). La ley ha establecido diferentes tipos de estatus dependiendo del propósito de la visita del no inmigrante. La mayoría de los turistas ingresan a los Estados Unidos bajo el estatus B-1/B-2...
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Blog Post
What are the latest rules regarding online studies for F-1 visas? There are some temporary exemptions for the fall 2020 semester established by the SEVP due to the COVID-19 emergency. In summary, the exemptions provide that: F-1 students who are currently in the U.S. may not take a full online course load and remain in the United States. There will be no visas issued to students enrolled in schools or programs that are fully online for the fall 2020 semester. Students with current F-1 visas who are outside the country will not be allowed to reenter the U.S. if they will...
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Blog Post
In response to the COVID-19 pandemic, the United States Citizenship and Immigration Services (USCIS) suspended in-person services at its field offices, asylum office and application support centers on March 18, 2020. USCIS has continued its internal operations during this closure but have reopened certain offices to the public on June 4, 2020. However, USCIS announced new guidelines for in-person services moving forward in efforts to slow the spread of COVID-19. General Guidelines All visitors may not enter any USCIS facility if they have any symptoms of COVID-19 including cough, fever or difficulty breathing. USCIS also orders that anyone in close...
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Blog Post
The outbreak and spread of the COVID-19 pandemic has not only put a strain on the medical profession in the United States, but has also exposed areas of concern and vulnerability within the profession as a whole. As a country, we have been experiencing shortage in medical personnel, which is so vitally needed to combat COVID-19. However, there is some great hope on the horizon. On April 30, 2020, Senators Perdue, Durbin, Young, and Coons announced sponsorship of bipartisan legislation, designed to strengthen the healthcare workers and improve access to doctors and nurses. Recognizing that about one-sixth of our...
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Blog Post
Aiming to prioritize the employment of U.S. workers during economic recovery following the COVID-19 outbreak, on April 22, 2020, President Donald Trump signed an executive order (“EO”) suspending entry of certain immigrants. Although the EO may be modified or extended, it is presently in effect for 60 days (until on or about June 23, 2020). The EO applies to people who are outside the U.S and applying for an immigrant visa. The EO does not apply to those who are outside the United States and applying for nonimmigrant visas such as: H1B, H2A, H2B, F1, B1/B2, L1, J1, TN, O1. ...
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Blog Post
Unemployment rates have surged as a direct result of the coronavirus outbreak. State-issued stay-at-home orders have made many industries come to a standstill. To date, more than 16 million Americans have filed for unemployment benefits. The loss of employment can become a source of heightened stress for persons pursuing adjustment of status to remain as legal permanent residents of the United States. The Department of Homeland Security’s February 24, 2020 public charge inadmissibility rule announced a series of factors USCIS would take into account for determining whether an individual is “likely to become a public charge.” USCIS has announced that...
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Blog Post
The world is undergoing unprecedented events due to the Covid-19 crisis. Many industries have come to a halt in order to prevent continued spread of disease and protect our most vulnerable populations. However, a number of crucial industries continue to produce essential goods and services that society needs to survive. Because of this, many people today find themselves without work. For those in the U.S. without work authorization, finding and maintaining employment can be especially difficult. Many clients meet with us and want to know whether they can obtain a work permit here in the U.S. The official name of...
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