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Travel Bans vs. Benefits “Pause”: What the New 2025–2026 Policies Mean for Immigrants and Employers

Mon, 12 Jan 2026 19:01:09 GMT

The December 16, 2025 Trump Proclamation and the USCIS adjudication “pause” are related but distinct: the proclamation restricts entry to the U.S., while the pause delays decisions on immigration applications, often for people already here.

President Trump’s December 16, 2025 proclamation and USCIS’s subsequent adjudication “pause” are creating two distinct layers of risk for foreign nationals and their employers. One policy blocks or limits entry to the United States, while the other delays decisions on immigration benefits, often for people already here. On policy memorandum dated January 1, 2026, the United States Citizenship & Immigration Services (USCIS) informed that it will be placing a hold on all pending benefit applications, for foreign nationals from countries listed in the Presidential Proclamation (PP) 10998 travel ban as of January 1, 2026. The guidance affects future, pending, and certain previously approved immigration benefit requests, including employment-based filings.

The December 16, 2025 Trump Proclamation and the USCIS adjudication “pause” are related but distinct : the proclamation restricts entry to the U.S., while the pause delays decisions on immigration applications, often for people already here.

Different Legal Tools, Different Targets

The Presidential Proclamation titled “ Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States ” relies on INA §212(f), allowing the president to suspend or limit entry of certain nationals he deems a security risk. It is, in essence, a new iteration of the Trump travel bans, focused on who can physically come into the United States and on what types of visas.

By contrast, the USCIS adjudication “pause” (sometimes called a benefits hold or freeze) comes from internal USCIS policy guidance instructing officers not to issue final decisions on certain applications filed by nationals of specified countries. It does not itself bar entry at the border but interferes with whether, or when, USCIS will approve petitions and applications such as I‑129s, I‑140s, I‑485s, and some humanitarian benefits.

Who Is Directly Affected

The December 16, 2025 proclamation primarily affects foreign nationals who are outside the United States on or after its effective date (January 1, 2026), seeking to obtain a visa or be admitted from one of the listed countries. It distinguishes between full and partial entry bans and carves out limited exceptions for lawful permanent residents, certain dual nationals, diplomats, and a few other categories.

The adjudication pause is aimed at individuals from the same or overlapping countries who have pending or recently approved immigration benefits with USCIS, regardless of whether they are inside or outside the United States. The memorandum indicates that USCIS is placing holds on many categories of cases and, in some situations, re‑reviewing approvals issued after January 20, 2021, with no firm end date announced.

Dual Nationals

A key nuance in the new framework is how it treats dual nationals and those with Citizenship by Investment (CBI). Under the December 16, 2025 proclamation, a person born in a travel‑ban country who also holds citizenship in a non‑listed country can often avoid the entry ban by traveling exclusively on the non‑banned passport . In other words, for purposes of the travel ban itself, what usually matters at the border is the passport actually used to seek admission, not the person’s place of birth.

The USCIS adjudication pause works very differently and casts a much wider net. USCIS guidance explains that the hold on immigration benefits applies to foreign nationals who list a travel‑ban country as their country of birth or citizenship , and in some cases to those using travel documents issued or endorsed by the Palestinian Authority. This means an applicant may still be caught in the adjudication freeze even if they apply using a second, “clean” passport from a non‑restricted country.

What Each Policy Actually Restricts

Under the proclamation, the core restriction is a suspension or limitation on entry: consulates may refuse to issue affected visas, and Customs and Border Protection may deny admission at U.S. ports of entry. These measures can fully bar immigrant and nonimmigrant visas for some countries and limit or shorten visa categories such as B, F, M, and J for others, subject only to narrow case‑by‑case waivers or national‑interest exceptions.

The USCIS adjudication pause does not inherently change who is admissible, but it can freeze a foreign national’s immigration process in place. Cases may continue to move procedurally—USCIS can issue RFEs, NOIDs, or schedule interviews—yet officers are instructed not to approve (and sometimes not to deny) the cases until the hold is lifted or a specific exception applies.

Timing, Duration, and Uncertainty

The proclamation sets a clear effective date—12:01 a.m. EST on January 1, 2026—and formally applies to people who were abroad and lacked a valid visa at that time, while requiring a security review every 180 days to consider modifying, lifting, or expanding the bans. Although “temporary” by design, previous travel bans show that such measures can remain in place for years absent a policy change.

The adjudication pause , on the other hand, operates more like an open‑ended moratorium: USCIS has described it as an immediate hold on certain benefit decisions with ongoing internal review, but has not provided a definitive expiration date. That uncertainty makes it difficult for families and employers to plan, as employment start dates, adjustment approvals, travel plans, and long‑term strategies may all be pushed back indefinitely.

Limited Applications Exempt from the Administrative Hold

Form I‑90 (Application to Replace Permanent Resident Card), Form N‑565 (replacement naturalization/citizenship document), and Form N‑600 (Certificate of Citizenship).
Limited categories of employment authorization applications (Form I‑765) , including certain asylum‑based EADs, humanitarian parole‑based EADs, and EADs for individuals granted deferred action, where adjudication timelines are driven by statute or do not create new immigration status.
Special case‑by‑case exceptions
Benefits requested for athletes, coaches, those in supporting roles, and immediate relatives, traveling to major international sporting events
Cases where benefit request serves the U.S. National Interest
Cases with benefit requests tied to law‑enforcement or government cooperation

Practical Risks and Strategy Considerations

Travel Ban : for those subject to the proclamation, the central question is whether they can safely travel or obtain a visa at all; mis‑timed international travel can result in being stuck abroad with no realistic path back to the United States until an exception or waiver is granted. Employers and affected nationals should evaluate upcoming trips, consular appointments, and changes of status with immigration counsel before traveling or initiating consular processing.

Benefits "pause" : for those caught in the adjudication pause, the immediate risk is delay, not outright denial—but delay can have serious consequences: lapses in work authorization, postponed green card approvals, and cascading impacts on dependents. Careful documentation, back‑up strategies (such as alternative nonimmigrant classifications where available), and ongoing communication with counsel are critical while USCIS policies continue to evolve.

Litigation Update

A federal court case in Massachusetts is currently challenging USCIS’s adjudication‑hold policy and related discretionary changes (Doe v. Trump, 25‑cv‑13946, D. Mass.). The decision in that lawsuit could reshape how these holds are applied in the future and may influence whether USCIS must narrow, revise, or even rescind portions of the current policy.

Please contact the GC Ungo Team if you, one of your employees, are affected by these travel bans or adjudication pause or would like assistance with a national interest exemption.

What President Trump’s New 2026 Travel Ban Means for Affected Nationals and Their Families

Mon, 05 Jan 2026 03:12:39 GMT

On December 16, 2025 the Trump Administration issued expanded and revised travel bans effective January 1st, 2026.

President Trump’s new travel proclamation, effective January 1, 2026, significantly expands the list of countries subject to full and partial U.S. travel bans and narrows who can qualify for exceptions or waivers. Foreign nationals from the affected countries should review their options before traveling or applying for a visa, as the new rules can bar otherwise eligible applicants from entering the United States.

What the New Proclamation Does

On December 16, 2025, President Donald Trump issued a new Presidential Proclamation titled “ Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States .” This proclamation builds on and expands the June 4, 2025 travel bans, citing “deficient” screening, vetting, and information‑sharing systems in the listed countries and invoking national security and public safety as its justification.

The proclamation takes effect at 12:01 a.m. EST on January 1, 2026 and will remain in place unless modified or rescinded after periodic government review. The government must report every 180 days on whether to continue, modify, lift, or expand these country‑specific restrictions.

Countries Facing a Full Travel Ban

Under the full travel ban, entry to the United States is suspended for both immigrant and nonimmigrant visa holders from certain countries. In practice, this means most new visas will not be issued and most new entries will be blocked for affected nationals, subject only to limited case‑by‑case exceptions or waivers.

The proclamation continues full entry suspensions for nationals of:

Afghanistan
Burma (Myanmar)
Chad
Republic of the Congo
Equatorial Guinea
Eritrea
Haiti
Iran
Libya
Somalia
Sudan
Yemen

It also adds:

Burkina Faso
Laos
Mali
Niger
Sierra Leone
South Sudan
Syria
Individuals traveling on documents issued or endorsed by the Palestinian Authority.

Countries Facing a Partial Travel Ban

The partial travel ban primarily targets temporary visitors and students by suspending or limiting B‑1/B‑2, F, M, and J visas and shortening visa validity periods educes the validity of other nonimmigrant visas (presumably to reciprocity schedule minimums) . These restrictions can prevent individuals from obtaining visitor, business, student, or exchange visas, even if they previously qualified.

Nationals of the following countries subject to the partial ban are:

Burundi
Cuba
Togo
Venezuela

The proclamation also expands the partial ban to nationals of:

Angola
Antigua and Barbuda
Benin
Côte d’Ivoire
Dominica
Gabon
The Gambia
Malawi
Mauritania
Nigeria
Senegal
Tanzania
Tonga
Zambia
Zimbabwe

The Trump Administration removed Turkmenistan from the partial nonimmigrant visa list but the ban for immigrant visas.

Who is Covered and Who is Not

The proclamation applies only to individuals who are outside the United States as of 12:01 a.m. EST on January 1, 2026 and who do not have a valid U.S. visa on that date. Those who already hold valid visas or are physically present in the United States generally remain eligible to use their existing status, though future visa renewals abroad may be affected.

The travel bans do not apply to:

Lawful permanent residents of the United States,
Any dual nationals of a listed country when the individual is traveling on a passport issued by a country not subject to the travel ban
Certain diplomatic and international organization visa holders following visas: A 1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO 2, NATO-3, NATO-4, NATO-5, or NATO-6.
Athletes, coaches, those in supporting roles, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State.
Special Immigrant Visas for U.S. Government employees.
IVs for ethnic and religious minorities facing persecution in Iran.
Individuals granted asylum and refugees previously admitted to the U.S.

Removed Exceptions : the new ban eliminates the following categorical exceptions from the June 4th, 2025 Proclamation:

Immigrant visas for family members in the U.S.
Adoptions (IR-3, IR-4, IH-3, IH-4)
Afghan Special Immigrant Visas

Narrowed Exceptions and Case‑by‑Case Relief

The new proclamation authorizes national‑interest exceptions where the Attorney General, Secretary of State, or Secretary of Homeland Security determines that an individual’s entry would serve important U.S. interests. The waiver and national‑interest exception standards are discretionary and fact‑intensive, strong documentation and careful legal analysis will be crucial for anyone seeking an exception.

Key Take Aways

Plan travel carefully . Employers and travelers from countries covered by the expanded travel ban should review upcoming international trips with GC Ungo Team to determine whether the new rules could block reentry or visa issuance.
Existing visas can still be used . Nationals of impacted countries who already hold a valid U.S. visa as of January 1, 2026 generally remain eligible to travel with that visa, though they may face heightened screening at the airport or border.
Seek legal counsel : Individuals from affected countries—especially those considering travel or consular processing—should seek legal counsel to assess risks, timing, and possible strategies.

Please contact the GC Ungo Team with any questions about how these changes may affect your travel or immigration plans.

New 2025 Naturalization Civics Test Implemented as of October 20, 2025

Wed, 24 Sep 2025 21:51:26 GMT

USCIS will administer the 2025 Naturalization Civics Test to those who file their naturalization applications on or after October 20, 2025.

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Summary of Trump's Administration's Proclamation Regarding H-1B Visas

Sun, 21 Sep 2025 21:45:45 GMT

President Donald Trump issued a proclamation on Sept. 19, 2025, restricting the entry of certain H-1B nonimmigrants by mandating $100,000 payment prior to filing H-1B petitions with some exceptions.

On September 19, 2025, President Donald Trump issued a proclamation under 8 U.S.C. § 1182(f) & § 1185(a), substantially reforming the H-1B visa program by imposing a $100,000 fee requirement for each new H-1B petition, effective for petitions submitted after 12:01 a.m. EDT on September 21, 2025 .

The $100,000 fee only applies to new H-1B petitions and does not affect :

Individuals with current H-1B visa status.
Individuals with a valid H-1B non-immigrant visas who are currently outside of the country.
Individuals of pending H-1B petitions that were filed prior to the effective date of the proclamation (Sunday, September 21, 2025 at 12:01am EST) , including those who participated in the fiscal year 2025 lottery .

There is nothing in the proclamation that appears to prevent individuals with current H-1B status from filing extensions (renewals)of their H-1B visa.

Key Proclamation Provisions

Employers must pay a $100,000 fee for every new H-1B petition for workers currently outside the United States submitted after the effective deadline.
Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
The Department of Homeland Security and Department of State are instructed to deny entry or approval of H-1B petitions unless the $100,000 fee has been paid, except for cases deemed in the national interest or not posing a security risk.
Payment verification and enforcement will involve Department of Labor audits and rule making for higher prevailing wage levels on H-1B jobs.

The restriction is set to last for 12 months, from Sept. 21, 2025 to Sept. 20, 2026, and may be extended based on recommendations from relevant federal agencies.

National Interest Exemptions

Industries and sectors most likely to be exempt from the $100,000 H-1B petition fee under the September 2025 Trump proclamation are those that can convincingly demonstrate their work is in the “ national interest ” or essential to the safety, health, or security of the United States. It is unclear from the proclamation how this exception will operate in practice.

Exemptions are not automatic for any industry, but the following sectors are expected to have stronger cases for fee waivers:

Healthcare/Public Health : hospitals, clinics, and medical research institutions performing work critical to U.S. public health, treating underserved areas, or responding to medical emergencies are strong candidates for exemption.
National Security & Defense : Industries engaged in defense manufacturing, cybersecurity, and national security operations (including contractors and government-affiliated research organizations) are likely to qualify for exemptions. Work in biotech or advanced science tied to military or defense uses also falls under this category.
Critical Infrastructure : Sectors such as energy, transportation, and utilities may be exempt if roles are tied to maintaining essential infrastructure or supporting security needs.
Education and Research : university research and nonprofit organizations contribute to national interest, but they are not automatically exempt; each petition needs separate justification.
IT, Technology, and STEM : likely to grant exemptions if the position is linked to cybersecurity, defense systems, or national infrastructure.

Ordinary software engineering and support roles are unlikely to qualify unless the employer demonstrates a direct tie to national interest functions.

What Remains Unclear

It is unclear if the H-1B cap-exempt employers such as nonprofit entities and universities will be required to pay the $100,000 fee.

It is anticipated that the Proclamation will be challenged in court due to ambiguities regarding re-entry, change of status, and compliance mechanisms.

Raising the Bar for Citizenship: Trump’s New “Good Moral Character” Memo Explained

Wed, 20 Aug 2025 17:28:36 GMT

Trump Administration expands ‘good moral character’ requirement to become naturalized citizen

On August 15, 2025, the Trump Administration issued a Policy Memorandum that could make it significantly harder for some applicants to obtain U.S. citizenship and may lengthen processing times. Although the Good Moral Character (GMC ) requirement in the law has not changed, the memo raises the bar in practice by expecting applicants to show that they actively live as responsible community members, not just that they have avoided criminal conduct.

What changed in practice

The memo tells officers to look at the “totality of the circumstances” under INA 316(a) and 8 CFR 316.2, weighing all positive and negative facts about a person’s life. Officers must decide whether an applicant is truly “worthy” of citizenship, considering not just statutory bars but also whether overall behavior matches that of an average citizen in the local community.

Focus on positive contributions

Simply having no criminal record is no longer enough; applicants are encouraged to show concrete positive contributions. Helpful evidence can include community or church involvement, caregiving for family, school or training, steady lawful work, long‑term lawful residence, and clear tax and financial compliance, ideally supported by documents and community letters.

Tougher look at negative conduct

The memo reaffirms that serious crimes and immigration violations remain permanent or conditional bars, such as aggravated felonies, persecution, certain drug offenses, multiple DUIs, false claims to citizenship, and unlawful voting. It also invites officers to treat patterns of “socially suspect” behavior—like repeated traffic violations, harassment, or aggressive solicitation—as signs of poor character, even when technically lawful, which may lead to more RFEs, NOIDs, and denials.

Rehabilitation and “full story”

For people with past problems, the memo stresses rehabilitation: fixing unpaid child support, paying back taxes or benefit overpayments, completing probation, and providing strong community testimony can all support GMC. Officers are also encouraged to review a broader slice of an applicant’s life and ask for the “full story,” including conduct outside the statutory period, to see if current behavior fits community ethical standards.

What this means for applicants

Even though the legal GMC standard has not changed, the memo raises expectations and can especially burden low‑income or low‑literacy applicants who meet the law but have little documentation of “positive attributes.”

Applicants for naturalization should proceed with caution if they are concerned about some aspect of their background. It is advisable to build strong positive‑equity packets (community letters, volunteer work, employment, caregiving, civic contributions, and tax compliance), and prepare clear rehabilitation narratives and supporting evidence for anyone with criminal, financial, or other adverse history.

Importance of Filing AR-11 Change of Address During Trump 2.0

Fri, 18 Apr 2025 17:15:48 GMT

Failure to submit the AR-11 Charge of Address form when required can lead to serious consequences such as penalties for not complying with U.S. immigration regulations and removal (deportation).

The initial months of President Trump’s current administration have seen the issuance of several major executive orders and directives related to immigration, setting the stage for substantial changes that will affect both employers and foreign nationals residing and working in the United States.

It is of critical importance now, that all foreign nationals promptly file Form AR-11, Alien’s Change of Address Card, with U.S. Citizenship and Immigration Services (USCIS) within 10 days of moving to a new residence.

Legal Requirement

Under Section 265 of the Immigration and Nationality Act (INA), all non-U.S. citizens residing in the United States—including lawful permanent residents (green card holders), students, and temporary visa holders—are legally required to notify USCIS of any change of address within 10 days of moving.

Who is Required to File

This rule applies to:

All non-U.S. citizens regardless of their immigration status, including those in the U.S. on temporary visas, lawful permanent residents (green card holders), and other nonimmigrant categories such as students or workers. The only exceptions are for A and G visa holders and individuals visiting under the visa waiver program.
Everyone with a pending application or petition with USCIS —such as an application for a visa, green card, or naturalization—you must update your address to ensure that you receive all official correspondence related to your case. Failing to do so may result in missing important notifications, delays, or even denial of your application.
Special immigrants , including those granted asylum, refugee status, or certain forms of humanitarian relief, may also need to file Form AR-11 to keep their information current with USCIS.

How to File an AR-11 Change of Address Form

You can satisfy this requirement by:

Submitting the change of address online through their USCIS account (recommended for speed and confirmation), or
Filing a paper Form AR-11 by mail.

Please note : Updating an address with the U.S. Postal Service (USPS) does not fulfill this legal obligation. All non-U.S. citizens must file Form AR-11 directly with USCIS.

Consequences of Failing to File

Failure to file Form AR-11 within 10 days of moving is a misdemeanor and can result in significant penalties under federal law, including:

A fine of up to $200,
Imprisonment for up to 30 days, or both,
Potential removal (deportation) from the United States, unless the failure can be shown to be reasonably excusable or not willful.

While enforcement has varied over the years, these penalties remain in effect and can have serious consequences for both current immigration status and future benefit eligibility. The law does provide an exception if the failure to file was not willful or was reasonably excusable, but the burden is on the individual to prove this. Because failing to comply with this reporting obligation can result in serious consequences—including possible jail time, deportation, and negative effects on future immigration applications—it is essential that noncitizens pay close attention to and fulfill this requirement.

Why Timely Filing Matters

In addition to legal compliance, keeping USCIS informed ensures that employees receive all important correspondence regarding their immigration status, pending applications, and benefit notifications. Failure to update an address can result in missed notices, delayed processing, or denial of applications.

Consequences of Late Filing An AR-11 Change of Address Form

INA §266(b) (USC §1306b) establishes that " any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be taken into custody and removed in the manner provided by part IV of this subchapter, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful ."

While the Attorney General is directed to take “ into custody ” and remove those who fail to provide written notice of change of address timely, if the foreign national can establish “ to the satisfaction ” of the Attorney General that the failure was “ reasonably excusable or was not willful ” the foreign national may avoid deportation.

If you have any questions or require assistance with the process, please do not hesitate to contact us.

Understanding Alien Registration Act Requirements

Fri, 11 Apr 2025 23:17:57 GMT

With limited exceptions,  all noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for Registration and be fingerprinted

A 1940 law, known as the Alien Registration Act , requires that every foreign national (non U.S. citizen), including lawful permanent residents (aka green card holders) age 14 years or older who will be in the United States (U.S.) for 30 days or more, must be registered and fingerprinted. Although this requirement has not been enforced for many years, the Trump Administration began enforcing this law as of April 11, 2025. Starting May 11, 2025, any non-US citizen children who will become 14 years old while in the United States, must re-register with the government and must be fingerprinted within 30 days of their 14th birthday.

To comply with the registration requirement, the administration created a new online G-325R for all unregistered foreign nationals to obtain “Proof of Alien Registration.”

Who Needs to Register?

Many noncitizens, including some who lack legal status, are already considered registered (see “ Who is considered Registered ,” below.)

You must register if:

You are a Canadian who entered the U.S. at land ports of entry and were not issued evidence of registration (e.g. Form I-94);
You entered the U.S. without inspection (you are undocumented) and have not otherwise been encountered by DHS or do not have a registration document;
You applied for deferred action or Temporary Protected Status (TPS) who were not issued evidence of registration are included;
You are a noncitizen child who turns 14 years of age while in the U.S. you must re-register with the government and must be fingerprinted within 30 days of your 14th birthday as of May 11, 2025. Parents or legal guardians are responsible for their children’s compliance and must register them with the government.

Registering does not grant legal status and may result in the registrant being detained and placed in removal proceedings. Failure to register may result in civil and criminal penalties.

How to Register?

USCIS instructions on registration requirements, the additional new form for those not already registered, and how to submit the new form have been published here: Alien Registration Requirement | USCIS.

Steps to Register :

Set Up a myUSCIS Online Account
Complete and submit Form G-325R.
Attend a biometrics appointment
Receive proof of alien registration document
Download the Proof Registration from your USCIS online account

What are the consequences for not Registering or carrying proof of registration ?

A willful failure to register within 30 days and be fingerprinted could result in a misdemeanor and punishable by imprisonment for up to 6 months and/or a fine of up to $5,000.00. Failure to carry evidence of registration is a misdemeanor and may result in imprisonment for up to 30 days and/or a fine of up to $5,000.00. It can also lead to:

denial of future immigration benefits;
removal from the US; and
criminal charges if you register with false information.

Change of Address Requirements

Make sure you submit an AR-11 with USCIS within 10 days of changing your address, each and every time you move. Failing to update your address by submitting an AR-11 to DHS within 10 days of move is a misdemeanor and may result in imprisonment for up to 30 days and/or a fine of up to $5,000.00. Additionally, those who fail to comply with the above requirements may be placed into deportation/removal proceedings and/or may become ineligible for U.S. immigration benefits.

Who is Considered Registered?

If you are 14 years of age or older, have one of the documents listed below, and have been fingerprinted, you are already registered and have proof of your registration. If you are not a U.S. citizen, you must carry one of these documents with you at all times.

a green card (I-551) issued after age 14;
Form I-94 or I-94W (paper or electronic), even if the period of admission has expired. Can be printed from the USCBP I-94 website at I-94 Official Website – Home Page
immigrant or nonimmigrant visa issued before your most recent entry, unless it was issued before the age of 14;
I-95, Crewmen’s Landing Permit—Crewmen arriving by vessel or aircraft;
Border Crossing Card (Form I-185 Canadian; Form I-186 Mexican);
parole document into the U.S. under INA §212(d)(5), even if it expired;
a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport;
a valid employment authorization card (I-766);
Form I-862 or I-863 Notice to Appear (NTA)/Notice of Referral to Immigration Judge;
permission to depart without the institution of deportation proceedings;

Until and unless you become a U.S. citizen :

If you do not hold one of the documents on the list below, then you may have a duty to submit Form G-325R, a new form.
These requirements apply to each non-citizen in the United States on an individual basis , including each family member and including children.

Questions?

Please note that due to the complexities and volume of questions, we will not be answering questions by telephone or email. You will need to schedule a Consultation meeting ($200). If you do not have one of the documents listed above, or if you wish to discuss the registration requirements further, please schedule a 30 minute telephone consultation at this LINK . Our fees to assist with the Registration will be offered after consultation.

USCIS Announces FY 2026 H-1B Cap Initial Registration Period

Thu, 06 Feb 2025 02:15:51 GMT

USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.

U.S. Citizenship and Immigration Services (USCIS) has announced the initial registration period for the fiscal year 2026 H-1B cap. The registration window will open at noon Eastern on March 7 and close at noon Eastern on March 24, 2025 .

Registration Process and New Fee

Prospective petitioners and representatives must use a USCIS online account to electronically register each beneficiary for the selection process. This year the H-1B registration fee increased from $10 to $215 for each beneficiary registration submitted.

Account Creation and Management

Organizational account (formerly registrant account) must be created by – This is the account that a prospective petitioner in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration.

New H-1B petitioning employers need to create an organizational account.
Employers with existing H-1B registrant accounts from FY 2021 – FY 2024 that were not used for FY 2025 will have their accounts converted to organizational accounts upon next login.
First-time registrants can create an account at any time.

Given the system's complexity, it is crucial for new users and their legal counsel to carefully strategize before making any account changes.

Selection Process

For the upcoming H-1B cap registration, the Department of Homeland Security (DHS) will maintain its beneficiary-centric selection process, introduced in FY 2025. This approach aims to enhance the integrity of the H-1B program and reduce potential misuseIf. When sufficient unique beneficiaries are registered by March 24, USCIS will conduct a random selection and notify users via their online accounts.

Important Dates

H-1B Lottery Registration Period : March 7 - March 24, 2025
H-1B Lottery Selection Notifications : By March 31, 2025
H-1B Petition Filing Window : Typically 90 days starting around April 1, 2025 or until June 30, 2025.

How GC Ungo Can Help

We provide several valuable services to help clients with the lottery registration process:

Ensure eligibility : They confirm that clients meet all requirements for the specific lottery program.
Guide through the process : we assist in navigating the complex application system, helping to avoid errors that could lead to rejection.
Document preparation : we help gather and prepare all necessary documentation, ensuring accuracy and completeness.
Timely submission : our office will ensure all lottery registrations are submitted within the required timeframe.
Stay updated on changes : our office will keep informed of frequent changes in immigration laws and lottery processes.

Please contact our office if you require assistance with the H-1B Lottery registration process.

What is a Priority Date?

Wed, 01 May 2024 20:05:05 GMT

A Priority Date is essentially your place in line for a Green Card.

A priority date is a crucial concept in the U.S. immigration process, particularly for those applying for green cards. Here's an explanation of priority dates:

What is a Priority Date?

A priority date is essentially your place in line for a green card. It's the date that U.S. Citizenship and Immigration Services (USCIS) considers you to have officially declared your intent to apply for permanent residency.

How Priority Dates are Established?

The priority date is determined differently depending on the type of immigration petition:

For family-sponsored immigrant s: It's the date USCIS receives the Form I-130 (Petition for Alien Relative).
For employment-based immigrants :

- If a labor certification is required, it's the date the Department of Labor accepts the labor certification application for processing.

- If no labor certification is required, it's the date USCIS receives the Form I-140 (Immigrant Petition for Alien Worker)1.

For special immigrant s, including religious workers: It's the date USCIS receives Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).

Purpose of Priority Dates

Priority dates are necessary because there are annual limits on the number of immigrant visas (green cards) available in various categories. For instance:

Family-based petitions (excluding immediate relatives) are limited to 226,000 per year.
Employment-based petitions are capped at 140,000 per year.

When demand exceeds the available visas, a waiting list forms, and priority dates determine an applicant's place in line1.

Visa Bulletin and Current Priority Dates

The U.S. Department of State publishes a monthly Visa Bulletin that shows which priority dates are currently being processed. This allows applicants to estimate when they might be able to apply for their green card.

Importance of Priority Dates

Your priority date becomes crucial when:

Determining when you can file for adjustment of status (Form I-485) or an immigrant visa.
Assessing your place in line for a green card.
Understanding how long you might need to wait before your application can be processed.

Remember, having a current priority date doesn't guarantee immediate processing. It simply means you're eligible to move forward with your application. Understanding your priority date and how to read the Visa Bulletin is essential for navigating the U.S. immigration process effectively.

USCIS Fee Increase Effective April 1, 2024

Thu, 01 Feb 2024 04:12:35 GMT

The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees

On January 31, 2024, Department of Homeland Security (DHS) issued a final rule adjusting certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). This rule establishes distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms.

The final rule will be effective April 1, 2024. Any benefit request postmarked on or after April 1, 2024 must be accompanied with the fees established by this final rule . USCIS confirmed that the current $10 fee for registration will remain in effect for the upcoming H-1B cap registration period.

The American Immigration Lawyers Association made available to members a Fee Schedule Comparison Chart available HERE

Preparing for FY 2025 H-1B Lottery and Timeline

Tue, 30 Jan 2024 03:34:02 GMT

March 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024

USCIS will soon be announcing the opening of the fiscal year (FY) 2025 H-1B Lottery. We expect a few changes on the FY2025 Lottery which were announced by USICS on January 12, 2024.

Expected changes :

New organizational accounts for employers : these accounts will be available for the fiscal year 2025 H-1B electronic registration season which would enable a group of individuals authorized by the employer to collaborate with the attorney in preparing and submitting electronic H-1B registrations.
Electronic Filings : a new feature will be available for electronic filing of Form I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service for H-1B petitions.
Filing Fee Increase : it is anticipated price adjustments will be:
Form I-129 H-1B: from $460 to $780 effective April 1st, 2024
Premium Processing fee increase, effective for petitions filed after February 26, 2024, with the new fee set at $2800, up from $2500.

H-1B Cap and Lottery Registration Process

Based on previous H-1B lottery registrations , the electronic registration period for the Fiscal Year 2025 (FY 2025) is expected to run from March 1, 2024 to March 20, 2024 . Each year, U.S. Citizenship and Immigration Services (USCIS) selects 65,000 H-1B registrations for foreign nationals with at least a bachelor’s degree, and an additional 20,000 petitions for foreign nationals with an advanced degree from a U.S. institution. A computer-generated random selection process (commonly known as the " lottery ") is used to select a sufficient number of registrations to meet the 65,000 “ regular cap .” The remaining registrations that are eligible for the H-1B advanced degree exemption and that were not selected under the regular cap are then placed into a separate lottery for random selection to meet the 20,000 “ master’s cap .”

Prospective petitioners (also known as “registrants”) who wish to file H-1B cap-subject petitions will be required to register electronically and pay the associated $10 registration fee for each beneficiary.

A petitioner is only eligible to file an H-1B cap-subject petition if they electronically register the beneficiary during the registration period and USCIS selects the registration submitted for the beneficiary through the random selection process. For Y2025, the USCIS is considering a shift from H-1B lottery-based registration to a system where registrants are selected uniquely by beneficiary. Additionally, there is a proposal to disallow related entities from submitting multiple registrations for the same beneficiary.

Once the beneficiary’s registration is selected in the lottery, the petitioner will need to file a complete petition with supporting documentation within 90 days to establish the beneficiary’s eligibility for a FY 2025 H-1B (October 1, 2024) . Below is an estimated timeline with the steps for us to prepare and submit the H-1B registrations and petitions on your behalf. Please note that USCIS has not announced this year’s H-1B registration process, so there is a possibility that there will be changes to the process outlined below, which we will confirm either way as soon as the information is announced.

Estimated H-1B Registration Timeline

February 24, 2024 - March 1, 2024 : prospective employers may begin to create a myUSCIS registrant account (N/A if you already have an H-1B registrant account from last year’s electronic registration)

March 1, 2024 : H-1B registration period opens. During this timeframe, our office will register each prospective H-1B employee you wish to sponsor.

March 20, 2024 : H-1B registration period closes

March 31, 2024 : date by which USCIS intends to notify registrants selected in the lottery

April 1, 2024 : earliest date that H-1B cap-subject petitions for October 1, 2021 may be filed

June 30, 2024 : filing deadline for H-1B cap-subject petitions that were selected in the initial lottery

Employers should contact the GC Ungo Immigration as soon as possible with information about the employees who should be registered in the H-1B lottery. We will assess employees’ eligibility, confirm the position qualifies as a specialty occupation, and then prepare the registration to be submitted on the applicable date.

DOS Provides Guidance Domestic H-1B Visas Renewals for Certain Applicants

Sat, 20 Jan 2024 03:52:33 GMT

The Department of State has announced guidance and FAQs on a pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements

The U.S. Department of State (DOS) released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements. Applications will be accepted between January 29, and April 1, 2024, or when all application slots are filled, whichever comes first.

The Department is set to release a maximum of 20,000 application slots as part of this restricted pilot program. Specifically, around 2,000 slots per week will be allocated for individuals whose most recent H-1B visa was issued by U.S. Mission Canada, with an issuance date falling within the period of January 1, 2020, through April 1, 2023. Additionally, an equivalent number of approximately 2,000 slots per week will be made available for applicants whose most recent H-1B visa was issued by U.S. Mission India, covering the issuance period from February 1, 2021, through September 30, 2021.

DOS also provides an online navigator tool that will guide interested participants through a series of questions to help assess whether the person qualifies to participate in the H-1B Domestic Renewal Pilot Program.

USCIS Premium Processing Fee increases February 26, 2024

Fri, 29 Dec 2023 21:43:49 GMT

Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685

U.S. Citizenship and Immigration Services (USCIS) has recently announced a final rule that adjusts the filing fee for Form I-907, Request for Premium Processing, to account for inflation. This rule, available here , is in accordance with the USCIS Stabilization Act, which grants the Department of Homeland Security the authority to biennially revise premium processing fees.

After maintaining these fees unchanged for three years since the enactment of the USCIS Stabilization Act, the Department of Homeland Security is now increasing the premium processing fees for all eligible forms and categories. The adjustment is based on the inflation rate from June 2021 through June 2023, as determined by the Consumer Price Index for All Urban Consumers. Specific premium processing fees are increased from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

The generated revenue from this fee increase will be utilized by DHS to enhance premium processing services, improve adjudication processes, address adjudication demands, reduce processing backlogs for benefit requests, and fund USCIS adjudication and naturalization services.

This fee adjustment will become effective on February 26, 2024 . Any Form I-907 received by USCIS postmarked on or after this date with an incorrect filing fee will be rejected, and the filing fee will be returned. For filings sent through commercial courier services like UPS, FedEx, and DHL, the postmark date is considered the date reflected on the courier receipt.

Click on this table of adjusted fees for various forms

GC Ungo will continue to monitor developments and will provide updates as additional information becomes available. Please contact GC Ungo with any questions.

DHS Issues Proposes Rule to Modernize H-1B Program

Sun, 29 Oct 2023 02:53:07 GMT

DHS proposed rule would modernize the H-1B Program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers

On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) to amend its regulations to modernize and improve the H–1B program. The 60-day public comment period ends on December 22, 2023.

What are the proposed changes of the H-1B Program?

In a nutshell, DHS is proposing the following:

Update the regulatory definition of “ specialty occupatio n ” to allow a range of degrees or apply multiple bodies of highly specialized knowledge, provided that each of those qualifying degree fields or each body of highly specialized knowledge is directly related to the position;

Clarify when it is necessary to file an amended or new H-1B petition in response to a change in the H-1B worker's place of employment. The proposed rule eliminates the need for employers to provide itineraries in H-1B petitions;

Codify and clarify its existing deference policy directing USCIS officers to take into account previous determinations involving the same parties and circumstances, as long as there are no significant errors, changes in eligibility, or new adverse information affecting the eligibility of the petitioner, applicant, or beneficiary;

Require evidence of maintenance of status to be included with the petition if a beneficiary is seeking an extension or amendment of stay;

Reduce Fraud and Abuse of the H-1B Visa Lottery by selecting H-1B cap registrations by unique beneficiary rather than by registration. The system will ensure that each unique individual has one entry in the selection process, regardless of the number of registrations submitted for them by employer sponsors. This reduces the advantage of multiple registrations for one beneficiary and increases the chances of a legitimate registration being selected. Prohibit related entities from submitting multiple registrations for the same beneficiary;

Extend benefits and flexibilities to H-1B Visa Cap Exemptions by revising the definitions of "nonprofit research organization" and "governmental research organization" by substituting "fundamental activity" for "primarily engaged" and "primary mission." This adjustment allows nonprofit and governmental research entities that conduct research as a fundamental activity, even if research is not their primary engagement or primary mission, to qualify as nonprofit research organizations. Flexibilities include:
Permitting H-1B employees to qualify for cap-exemption even when they are not in direct employment with a qualifying organization as long as they spend at least half of their work time performing job duties physically or remotely .

Clarify that beneficiary-owned businesses may be eligible to participate in the H-1B program facilitate greater access to H-1B visas for startups, entrepreneurs, and other businesses where the beneficiary has a controlling interest.

GC Ungo will continue to monitor developments and will provide updates as additional information becomes available. Please contact GC Ungo with any questions regarding H-1B visas.

DOS Expected to begin Stateside Visa Renewal Pilot in Early 2024

Thu, 19 Oct 2023 00:40:53 GMT

Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.

In a promising development for H-1B Visa holders and businesses alike, the U.S. Department of State (DOS) is taking steps to revive the H-1B visa stateside renewal program. On October 17, 2023, the DOS initiated a review of a Federal Register notice titled " Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens ." This notice, when published, will outline the eligibility criteria and details of the Stateside Visa Renewal pilot program (pilot program).

The American Immigration Lawyers Association (AILA) has been a vocal advocate for the relaunch of the Stateside Visa Renewal program since the onset of the COVID-19 pandemic. The goal has been to alleviate consular delays and provide a smoother pathway for noncitizens to renew their H-1B visas within the United States. AILA has been actively engaged in discussions with the DOS regarding the development of this pilot program since its intent was announced.

While comprehensive program details are expected to be revealed when the Federal Register notice is published, AILA has shared some key insights:

Commencement in Early 2024 : The program is expected to kick off early next year, offering a ray of hope for many H-1B visa holders;
Principals Only : The pilot program will initially focus solely on H-1B principals, the primary visa holders, not their dependents (H-4);
Nationals of Reciprocity Fee-Free Countries : The program will be open to nationals of countries that do not impose reciprocity fees. Notably, India will be among the eligible countries to participate in the pilot program;
Eligibility Criteria Similar to Interview Waiver Program : Applicants will likely need to meet eligibility requirements similar to those for the interview waiver program, simplifying the renewal process.
20,000 Applicants : The pilot program will be available to a pool of 20,000 applicants, signifying a significant opportunity for many H-1B visa holders to renew their status.

The initiation of this pilot program is a significant step towards addressing the challenges faced by H-1B visa holders and their employers as the result of the COVID-19 pandemic. It is poised to streamline the renewal process and reduce the burden of navigating consular delays.

The launch of this program is the first phase in a broader plan, as the DOS has expressed its intent to expand the program after the initial pilot phase, provided that operational issues are successfully addressed.

We will continue to closely monitor the rollout and implementation of the Pilot Program and will keep our readers informed of it's expansion in 2024.

Employment Authorization Validity Increased for Certain Categories

Wed, 27 Sep 2023 13:11:01 GMT

USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens

The U.S. Citizenship and Immigration Service (USCIS) announced that it will extend the maximum validity period for certain noncitizens' Employment Authorization Documents (EADs) to 5 years. This change applies to individuals authorized to work due to their immigration status or circumstances, including those who are adjusting status under INA 245 (for example, those who adjust status based on a petition made a by U.S. Citizen relative), refugees, asylees, and those individuals facing deportation or removal proceedings.

The updated guidance defines categories of noncitizens automatically authorized to work and provides details on presenting Form I-94 as proof of employment authorization. It also clarifies that certain Afghan and Ukrainian parolees have employment authorization incident to parole.

This change is aimed at reducing the need for frequent renewal applications, helping us manage processing times and backlogs. However, continued employment authorization depends on the individual's underlying status and circumstances. For instance, if an adjustment of status application (under category (c)(9)) is denied, ancillary employment authorization may terminate before the EAD expiration date.

Department of Homeland Security (DHS) Extends and Redesignates TPS for Ukraine

Sat, 19 Aug 2023 22:08:38 GMT

The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025

On August 18, 2023, the Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025 as a result of the ongoing arm conflict which prevents individuals from safely returning to their home country.

To provide context, TPS is a temporary immigration status granted to citizens of select nations facing critical issues that render their return unsafe or unfeasible. This protective measure allows individuals to stay in the United States without fearing deportation and also grants them authorization to work during their stay.

Under the new redesignation, an approximate 166,700 Ukrainians are anticipated to become eligible for TPS, encompassing those who were initially included in the Uniting for Ukraine program initiated by the administration.

TPS, introduced through the Immigration Act of 1990, serves as a safety net for nationals of designated nations grappling with ongoing armed conflicts, environmental crises, or exceptional temporary circumstances. This unique status offers not only a work permit but also safeguards against deportation for foreign individuals hailing from the designated countries who are present within the United States at the time of the government's decision to provide TPS.

A country might receive a TPS designation due to one or more of these factors:

Ongoing armed conflict , such as an civil war, that poses a significant risk to the safety of nationals returning to the country.
An environmental catastrophe, for instance, an earthquake, cyclone, or pandemic, which leads to a notable but momentary upheaval in living conditions, rendering the foreign state temporarily incapable of adequately managing the return of its citizens.
Extraordinary and temporary conditions within the foreign state that deter its citizens from safely returning, except when the U.S. government determines that allowing these individuals to remain temporarily in the United States contradicts the U.S. national interest.

End of COVID related I-9 Employment Verification Flexibilities Announced

Thu, 03 Aug 2023 23:39:19 GMT

Department of Homeland Security Issued Optional Alternatives to In-Person Physical Document Examination for Form I-9 for Employers Participating In E-Verify pursuant COVID Flexibilities

Since March 2020, U.S. Immigration and Customs Enforcement (ICE) has made multiple modifications to the Form I-9, Employment Eligibility Verification requirements in response to the COVID-19 pandemic. However, these COVID-19 flexibilities came to an end on July 31, with a grace period extending through August 30.

On July 21, 2023, the Department of Homeland Security (DHS) issued a final rule in the Federal Register, acknowledging the conclusion of temporary COVID-19 flexibilities by July 31. This rule grants DHS the authority to authorize optional alternatives for employers to remotely examine Form I-9 documentation and complete Form I-9 under specific conditions. A revised Form I-9 with the version date "(Rev. 08/01/23)" became effective on August 1, 2023.

Remote Document Verification

The Federal Register announcement introduces an alternative for certain employers to remotely examine Form I-9 documents, replacing the previous in-person requirement. To utilize this DHS-authorized alternative procedure for remote document examination, employers must be enrolled in E-Verify , retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case for new hires.

Employers who used E-Verify and created cases for employees under COVID-19 flexibilities (from March 20, 2020, to July 31, 2023) have the option to use the new alternative procedure from August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must perform an in-person physical examination by August 30, 2023.

It's important to emphasize that this remote option applies only to hires covered by the "COVID-era flexibilities" in place during I-9 completion/inspection .

New Form I-9

The updated Form I-9 brings several significant changes, including a checkbox that E-Verify-enrolled employers can use to indicate they remotely examined identity and employment authorization documents under the DHS-authorized alternative procedure mentioned above.

The revised Form I-9:

Condenses Sections 1 and 2 onto a single-sided sheet.
Is designed for easy filling on tablets and mobile devices.
Moves the Section 1 Preparer/Translator Certification to a separate supplement that employers can provide when needed.
Moves Section 3, Reverification and Rehire, to a separate supplement for use during rehire or reverification.
Updates the Lists of Acceptable Documents page to include certain acceptable receipts and guidance on automatic extensions.
Shortens form instructions from 15 to 8 pages.
Includes a checkbox for employers to confirm remote examination under the DHS-authorized alternative procedure.

Employers can use the current Form I-9 (edition date 10/21/19) until October 31, 2023. Starting November 1, 2023, all employers must transition to using the new Form I-9.

Please contact GC Ungo if you have any questions regarding Immigration Compliance and I-9 Form, Employment Eligibilty Verification

USCIS Completes Second Lottery Selection for FY2024 H-1B Cap

Mon, 31 Jul 2023 20:30:47 GMT

On July 31, 2023, USCIS announced that it selected a sufficient number of H-1B registrations projected to reach the cap and has notified all prospective petitioners from this round of lottery selection that they are eligible to file an H-1B cap-subject petition.

USCIS recently announced the completion of the FY2024 H-1B cap registration process after conducting a second lottery process from registrations received during initial registration period. According to USCIS, due to high demand, additional selections were necessary to reach the cap. Upon selection, an H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days.

As of July 31, 2023, USCIS has randomly chosen 77,600 registrations from the remaining submissions for the FY2024 H-1B cap. These selected registrants have been notified and are eligible to file H-1B cap-subject petitions for the intended beneficiaries.

This year's registration period saw a notable increase in submissions compared to previous years. Both the number of registrations submitted and the number of beneficiaries represented in these registrations have risen. This trend follows the patterns observed in the FY2022 and FY2023 H-1B registration periods.

Please contact GC Ungo with any questions regarding H-1B visas .

USCIS Launches Online Rescheduling of Biometrics Appointments

Mon, 10 Jul 2023 22:39:36 GMT

New online tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center

On June 28, U.S. Citizenship and Immigration Services (USCIS) introduced a user-friendly self-service tool that allows benefit requestors, their attorneys, and accredited representatives to easily reschedule most biometric services appointments before the scheduled date.

Previously, those seeking benefits and their representatives could only request rescheduling of biometric services appointments through the USCIS Contact Center. The newly introduced tool enables individuals with a USCIS online account to reschedule biometric services appointments without needing to contact the Contact Center. However, it's important to note that the tool cannot be used to reschedule appointments that have already been rescheduled multiple times, are within 12 hours of the appointment, or have already passed.

Additionally, USCIS is releasing guidance in the USCIS Policy Manual regarding untimely requests for rescheduling biometric services appointments, the implications of missing an appointment, and the criteria for rescheduling due to "good cause." Good cause entails providing valid reasons for being unable to appear on the scheduled date, which may include factors like illness, travel plans, significant life events, transportation challenges, employment or caregiving responsibilities, and issues with appointment notices.

The biometric services appointment rescheduling tool can be accessed via a USCIS online account regardless of whether the pending case was submitted online or by mail.

U.S. Work Authorization Based on Compelling Circumstances

Sat, 17 Jun 2023 00:05:55 GMT

Certain Employment-Based Immigrants may obtain Employment Authorization Documents (EADs) in Compelling Circumstances

On June 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued a policy guidance to issue employment authorization documents (EADs) for certain individuals who are facing difficult situations.

This is a welcomed policy issued by the Biden Administration at a time when Big Tech has laid off thousands of workers. Those affected are primarily holding H-1B visas who rely on employment in the United States to maintain their lawful immigration status.

Who Can Apply for Work Authorization Based on Compelling Circumstances?

USCIS may issue a one year EAD, if it can be demonstrated that compelling circumstances exist and the individual meets the following eligibility requirements:

The principal applicant is in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status , including in any applicable grace period, on the date you file the application for employment authorization;
The principal applicant is the beneficiary of an approved Form I-140 of 1st, 2nd or 3rd the Employment-Based Preference Category,
The principal applicant has not filed an Application to Register Permanent Residence or Adjust Status ( Form I-485 );and
An immigrant visa is not available based on the Department of State’s Final Action Date of the Visa Bulletin.

Spouses and children of the principal foreign nationals may also be eligible for a compelling circumstances EAD. They must be in valid nonimmigrant status at the time of filing the compelling circumstances EAD application.

What is an Compelling Circumstances EAD?

In general, " compelling circumstances " are not defined by regulations, therefore USCIS has the discretion to determine whether compelling circumstances exist on a case-by-case basis. Compelling circumstances are situations outside a principal applicant’s control that adversely affect the ability to continue employment for the petitioning employer and justify the issuance of an EAD.

USCIS Policy Manual lists non-exhaustive examples of situations which may qualify as compelling circumstances, such as:

Serious Illness and Disability
Employer Dispute or Retaliation
Other Substantial Harm to the Applicant
Significant Disruption to the Employer

Other Considerations

Individuals who begin employment on a compelling circumstances EAD will no longer be maintaining nonimmigrant status but may be considered by USCIS to be in a period of authorized stay, and will not accrue unlawful presence in the United States while the EAD is valid.
If the foreign national is working with a compelling circumstances EAD and finds an I-129 Petition sponsoring company, USCIS will not grant a change of status or extension of stay. The individual will need to apply for a visa and/or admission from outside the United States to begin working.

Need Assistance?

For any questions regarding H-1B visas or alternative visa options such as O-1, L-1 or E-1 visas please contact us !

USCIS Expands Premium Processing to Applicants Seeking to Change into F, M, or J Nonimmigrant Status

Mon, 12 Jun 2023 23:54:01 GMT

USCIS announced the phased expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 visa status.

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status to to applicants wishing to change nonimmigrant status to:

F-1 Visa Status (Academic student),
F-2 Visa Status Spouse and child of F-1
M-1 Visa Status (Vocational Student)
M-2 Visa Status (Spouse and child of M-1),
J-1 Visa Status (Exchange Visitors) and
J-2 Visa Status (Spouse and child of J-1 visa status).

Premium Processing requests are filed on Form I-907, Request for Premium Processing Service . The expansion of premium processing for certain Form I-539 applicants will occur in phases, and nonimmigrants requesting premium processing should not file before these dates:

Beginning June 13 , USCIS will accept premium process requests, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.
Beginning June 26 , USCIS will accept premium process requests for applicants filing Form I-359, Application to Extend/Change Nonimmigrant Status seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status.

The cost to seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status via premium process is $1,750 plus the I-539 application filing fee. USCIS will make a decision within 30 calendar days once all prerequisites, including receipt of biometrics, have been met

Need Assistance?

For questions regarding about study, academic or training visa options in the United States please contact us !

DOS Announces Nonimmigrant Visa Fee Increases

Sat, 03 Jun 2023 19:38:27 GMT

New Nonimmigrant Visa Applications Fee Will Take Effect June 17, 2023

Effective June 17, 2023, the processing fee for certain nonimmigrant (NIV) visas will increase as follows:

The NIV visas fee for visitors and tourists (B1/B2 and BCCs) , as well as other non-petition based visas like student and exchange visitor visas (F, M, and J visas), Media and Journalists (I Visas) will increase from $160 to $185 .
The NIV fee for petition-based visas for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205 .
The NIV fee for nonimmigrant E category visas for treaty traders, treaty investors, and specialty occupation applicants will increase from $205 to $315 .

Fees paid prior to June 17, 2023, will remain valid until the fee receipt's expiration date. This rule does not change any other fees, including the fee to apply for a waiver of the two-year residency requirement for certain exchange visitors, which remains at $120. The K-1 Fiancé(e) visa fee is $265.00 .

The Department of State announced that the fee adjustments were based on the actual costs associated with providing nonimmigrant visa services, determined through an annual study of service costs.

Update on FY2024 H-1B Lottery and Selected Registrations Filing Deadline

Mon, 01 May 2023 20:24:55 GMT

USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap. Total registrations received were 758,994, up 60% from FY 2023

For the Fiscal Year 2024 H-1B cap-filing season, USCIS conducted the H-1B electronic registration process from March 1 to March 20, 2023, and began announcing selections on March 25, 2023. On March 27, 2023, USCIS formally announced that they had received sufficient registrations to reach the FY 2024 H-1B cap and that the selection process had been completed.

On April 28, 2023, USCIS announced that FY 2024, it received 758,994 eligible registrations (compared to 474,421 registrations in FY2023), and that 110,791 applications were selected.

The H-1B cap selection notices state that the petition filing period for April 1 to June 30, 2023 to be valid for processing . If the number of H-1B cap petitions received during this period is insufficient to reach the annual limit of 85,000, USCIS may conduct additional lottery selections to fulfill the quota.

Will there be a second H-1B lottery FY 2024 applications?

Since Y2024 saw a 60% increase on H-1B registrations against previous year, it is very unlikely that a second lottery round will be held.

What Measures Will USCIS Implement to Combat Fraud in the H-1B Registration Process?

USCIS also raised concerns about the significant increase in eligible registrations, particularly those with multiple registrations for the same beneficiary, and its " unfair advantages gained by prospective petitioners working together to submit multiple registrations on behalf of the same beneficiary through collaboration ".

For H-1B Registration purposes, the prospective petitioner must sign an attestation, under penalty of perjury, during registration, whereas the prospective petitioner confirms the accuracy and completeness of the information provided, the legitimacy of the job offer, and the absence of collaboration with others to increase chances of selection for the beneficiary .

This has led the USCIS to conduct extensive fraud investigations during the FY 2023 and FY 2024 H-1B cap seasons. Denials and revocations of petitions have occurred, and USCIS announced that it is actively initiating law enforcement referrals for criminal prosecution individuals or entities who submit false attestations.

Need Assistance?

For any questions regarding H-1B visas or alternative visa options such as O-1, L-1 or E-1 visas please contact us !

USCIS Announces Mail Delivery Options for ADIT Stamps

Mon, 20 Mar 2023 19:27:51 GMT

Temporary evidence of green card status in the form of ADIT stamp may be now mailed fro USCIS to lawful permanent residents

On March 16, 2023, the U.S. Citizenship and Immigration Service announced that lawful permanent residents (LPRs) can now receive temporary evidence of their status by mail instead of visiting a field office for an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp).

Lawful Permanent Residents may need an ADIT stamp if :

They don't have their Green Card or
Their Form I-90, Application to Replace Permanent Resident Card (Green Card), Form I-751, Petition to Remove Conditions on Residence, or Form N-400 Application for naturalization cases are pending and their existing Green Card has expired.

To obtain temporary evidence, LPRs can contact the USCIS Contact Center , where their identity and mailing address will be verified. If necessary, an in-person appointment will be scheduled, or a request for an ADIT stamp will be submitted to the USCIS field office. If an appointment is not required, the field office will review the request and send the applicant a Form I-94 with the ADIT stamp, DHS seal, and a printed photo of the resident.

The issuance of temporary evidence in the form of an ADIT stamp is at the discretion of USCIS, with the validity period determined based on the resident's situation (up to one year, unless specified otherwise). Some LPRs may still need to appear in person if they have urgent needs, lack a usable photo in USCIS systems, or if their address or identity cannot be confirmed.

This new process enables USCIS to provide timely temporary evidence of lawful permanent resident status without requiring a scheduled field office appointment, thus reducing the burden on applicants and improving the availability of field office resources.

Premium Processing Expanded to Certain F-1 OPT and STEM OPT Applications

Wed, 08 Mar 2023 19:40:10 GMT

USCIS is now implementing premium processing service for certain F-1 students seeking an OPT or STEM OPT employment authorization document (EAD) on Form I-765, Application for Employment Authorization

On March 6, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced the expansion of Premium Processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students STEM OPT (students enrolled in science, technology, engineering, and mathematics degrees) who wish to obtain employment authorization documents (work authorization).

The Premium Processing fee is $1,500 , with a 30-calendar day processing timeframe for a decision on the application. The 30-calendar timeframe applies when USCIS has received all necessary documentation appropriate for the case type . Premium Processing requires filing a separate Form I-907, Request for Premium Processing Service , either online or by mail.

The expansion of Premium Processing requests for F-1 students will occur in two phases:

Beginning March 6, 2023 : USCIS will accept Form I-907 requests, for certain F-1 students with a pending Form I-765, Application for Employment Authorization , if they are filing under one of the following categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for STEM students.

Starting April 3, 2023 , USCIS will accept Form I-907 requests, filed either via paper form or online, for F-1 students in the above categories when filed together with Form I-765.

GC Ungo will be also monitoring the implementation of premium processing expansion for certain students and exchange visitors seeking to change into or from F-1 student or J-1 exchange visitor status on Form I-539 :

May 2023 – expansion to certain student and exchange visitors with pending Forms I-539
June 2023 – expansion to certain students and exchange visitors filing initial Forms I-539

Return of Domestic Visa Renewals Program Expected in 2023

Sun, 19 Feb 2023 00:01:48 GMT

Department of States announced pilot program allowing certain visa holders to renew their visa stamps within the United States, without requiring travel to a U.S. embassy or consulate abroad

State Department announced that it will launch a pilot program offering domestic or " stateside" visa renewal options in the U.S. specifically for H-1B and L-1 visa holders and it could eventually be expanded. The program is expected to launch later this year.

Under the current rules foreign employees who travel abroad cannot reenter the US without a valid visa stamp. The Revalidation Division of the Department of State discontinued its domestic revalidation service for E, H, I, L, O, and P visas in 2004. However, long wait times for appointments during the COVID-19 pandemic, staffing issues and local country conditions resulted in thousands of foreign workers being stuck abroad and in a limbo for months, creating work disruptions for U.S. companies amongst other difficulties.

In a recent interview , the Deputy Assistant Secretary for the Bureau of Consular Affair, Julie Stufft, announced that certain visa holders may renew their visa stamps within the United States, without requiring travel to a U.S. embassy or consulate abroad. This domestic processing option does not require the State Department to issue new regulations, but Stufft explained that the new pilot program will require setting up a new consular division in Washington, D.C. which is "not a small endeavor."

The visa revalidation program is welcomed relief for thousands, specially national of India, as they comprise the majority of the tech professionals holding H-1B visas in the United States. We will continue to inform our readers as more updates about the visa revalidation program.

FY 2024 H-1B Lottery Initial Registration Period Opens on March 1, 2023

Wed, 01 Feb 2023 01:41:18 GMT

FY 2024 H-1B lottery registration starts March 1st, 2023

The U.S. Citizenship and Immigration Service (USCIS) announced that the electronic registration period for the H-1B Visa lottery for FY 2024 will run from March 1, 2022 12:00 PM EST to March 17, 2022 12:00 PM EST . During the H-1B cap registration process prospective employers (also known as “registrants”) who wish to file H-1B cap-subject petitions register electronically and pay the associated $10 registration fee for each beneficiary.

Each year, U.S. Citizenship and Immigration Services (USCIS) selects 65,000 H-1B registrations for foreign nationals with at least a bachelor’s degree, and an additional 20,000 petitions for beneficiaries with Master's degrees from a U.S. institution. A computer-generated random selection process (commonly known as the "lottery") is used to select a sufficient number of registrations to meet the 65,000 “regular cap.” The lottery results should be announced by March 31, 2023. If selected, petitioners need to file a complete petition with supporting documentation within 90 days to establish the beneficiary’s eligibility for a FY 2024 H-1B. Once approved, the employment start date is October 1, 2023.

If you would like to include an employee in this year’s registration for H-1B, please contact your GC Ungo Immigration for further information.

Class Action Filed Against USCIS for Extreme Processing Delays on I-601 Waivers

Fri, 27 Jan 2023 23:36:57 GMT

On February 23, 2023, a group of immigrants filed a federal class action lawsuit against U.S. Citizenship and Immigration Services (USCIS), challenging bureaucratic bottlenecks that have left them in a multi-year limbo

On January 23, 2023, 248 people including one of our clients, filed a federal class action lawsuit against U.S. Citizenship and Immigration Services (USCIS), challenging bureaucratic harmful and unreasonable delays in processing (I-601A) unlawful presence waivers.

USCIS is currently taking almost 3 years to process these applications, up from 4.5 months in FY2018.

Background

A U.S. Citizen or Lawful Permanent Resident wishing sponsor an immigrant visa (green card) for his/her spouse has to file a Petition for Alien Relative ("immigrant petition"). If the foreign relative entered the United States without being inspected at the border, the foreign applicant may file an I-601A, Provisional Waiver Application. USCIS has already approved the immigrant petitions for the plaintiffs of this class action lawsuit, but plaintiffs and their families cannot move forward until USCIS processes the waiver applications plaintiffs filed at least 12 months ago.

What happens next?

Once these I-601A waiver applications are adjudicated and approved, plaintiffs can move forward with the process. Plaintiffs then have to an Application for Immigrant Visa and supporting documents before the National Visa Center, and that stage is complete, they depart for a personal interview at a U.S. embassy or consulate abroad. Finally, they are admitted to the United States on the immigrant visa (green card). However, if plaintiffs leave the United States before USCIS approves their waiver application, they would be separated from their families potentially for years. They cannot proceed with their immigrant visa applications while the waiver application remains pending.

For applications filed in the future, the lawsuit asks USCIS to decide the waiver application within six months from the date the application is filed.

USCIS to Begin Bundling Adjudication of I-129, I-539, and I-765 for H-4 and L-2 Dependents

Wed, 25 Jan 2023 23:59:30 GMT

Effective January 25, 2023, H-4, and L-2 dependents who properly file Form I-539 and Form I-765, as applicable, with the principal's Form I-129 will be adjudicated together.

As part of the agreement to settle the Edakunni, et al. v. Mayorkas , class action lawsuit challenging H-4 and L-2 adjudication delays, on January 20, 2023, USCIS agreed to resume bundling the adjudication of Form I-539 and Form I-765 for the spouses and minor children of H-1B and L-1 nonimmigrants along with the underlying Form I-129.

It is important to note that adjudication of these forms will only be bundled if the forms are filed concurrently (at the same time).

Per the settlement agreement, the bundling will apply to cases filed under both regular and premium processing. This is expected to begin on January 25, 2023, and will be in effect for two years.

USCIS Expands Premium Processing

Mon, 16 Jan 2023 21:38:34 GMT

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

U.S. Citizenship and Immigration Services (USCIS) announced on January 12, 2022, that it is finally implementing a long-awaited phase of the expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications .

When will Premium Process be available?

The current expansion will take effect on January 30, 2023 and allows petitioners to request premium processing for:

All pending and new I-140 petitions for multinational managers and executives (INA 203(b)(1)(C)) and
All pending and new I-140 petitions in the second preference where a National Interest Waiver is sought (INA 203(b)(2)(B)). This expansion was specifically mandated by Congress.

Please note that USCIS may set a timeframe of up to 45 days for these specific petitions with the standard fee of $2500.

The next phase of the expansion is planned for March 2023 and would include pending applications for Employment Authorization Documents (EAD) for F-1 students seeking OPT and STEM OPT . In April 2023 , it would be expanded to new initial F-1 OPT and STEM OPT applications . USCIS is authorized to charge a fee of no more than $1,500 for premium processing of EAD applications and set a period of up to 30 days. USCIS will announce specific dates for each group in February.

In May 2023 , USCIS anticipates expanding premium processing for certain student and exchange visitors with pending Form I-539 applications and certain student and exchange visitors who are filing initial Form I-539 applications in June 2023 . The type of I-539 applications include change of status to F, M, and J non-immigrant visas and change to or extension of status of dependents of E, H, L, O, P and R non-immigrant visas. USCIS is authorized to charge a fee of up to $1,750 and a period of up to 30 days to premium process these I-539 applications.

Petitioners and applicants who wish to request premium processing must file Form I-907, Request for Premium Processing Service .

USCIS Proposes To Increase Filing Fee Schedule—Comments Due March 6, 2023

Wed, 04 Jan 2023 20:39:40 GMT

USCIS Issues Proposed Rule to Increase Many Immigration and Naturalization Filing Fees

U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase certain immigration and naturalization fees. USCIS receives approximately 96 % of its funding from filing fees, not from congressional appropriations.

According to the agency, the increased fees would allow hiring nearly 8,000 new employees to " more quickly process new applications and address the growing backlogs, fund upgraded information technology resources and increase support provided to individuals seeking information and assistance from USCIS ".

What are the proposed fee changes?

Petitions for all temporary-worker visa petitions covered on Form I-129 (H-1B, H-2A, H-2B, L-1, O-1 and TN visa classifications) are currently $460. The proposed filing fees would be:

H-1B visas — $780 (70% increase)

L-1 visas — $1,385 (201% increase)

O-1 visas — $1,055 (129% increase)

TN visas — $1,015 (120% increase)

H-2A visas - Named Beneficiaries — $1,090 (137% increase)

H-2A visas - Unamed Beneficiaries — $530

H-2B visas - Named Beneficiaries — $1,080 (135% increase)

H-2B visas - Unamed Beneficiaries — $580

H-1B cap registration s are to increase from $10 to $215
Form I-140 Petition for Alien worker will increase 2% from $700 to $715
USCIS is proposing separate fees for the three forms: Forms I-485 (adjustment of status), I-131 (for advance parole) and I-765 for a employment authorization document (EAD), unless done electronically), with biometrics, would increase from $1,225 to $ $2,820 (130% increase). The proposed rule then eliminates the No-Cost EAD and Advance Parole.
Form I-485 (only) — will increase from $1,225 to $1,540
Form I-129K (Petition for Alien Fiancé) — $720 (35% increase)
Form I-130 Petition for Alien Relative — $820 (53% increase)

The proposed changes include, among others, the elimination of the I-485 Discount for Children filing with a parent, removing the separate biometrics fee and incorporating it into the main application fee, revising the premium processing timeframe interpretation from calendar days to business days.

When will the fee changes take effect?

Fees will not change until the final rule goes into effect. The public commenting period ends March 6, 2023.

USCIS issued some Q&As with information is available at this link .

Portuguese Nationals Now Eligible for E-1 and E-2 Visas

Tue, 27 Dec 2022 01:05:33 GMT

Rule extends Treaty Trader & Investor Visas to Portugal but adds eligibility restrictions

E Visas are non-immigrant visas available for citizens of countries with which the United States maintains treaties of commerce and navigation ( Treaty Countries ).

Last December 15, 2022, Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”), including Section 5901, which makes two important changes to eligibility for E visas:

It designates Portugal as an E visa treaty country allowing passport holders of Portugal to apply for E-1 and E-2 visas as Treaty Traders and Treaty Investors.
Those nationals who have acquired citizenship through financial investment must be domiciled in that country for three (3) years before applying for an E visa

This change will allow investors with Portuguese nationality to live and pursue investment opportunities in the United States. Many eligible applicants are also thousands Brazilians who hold double nationality. According to the European Commission, in 2020, Portuguese citizenship was granted to 149,157 foreign citizens, including nationals from Brazilian, Cape Verde, Angola, Ukraine and Guinea-Bissau.

With regards to the second change, the new rule will restrict the use of E Visas to other nationals who have acquired citizenship of Treaty Countries through investment, such as Grenada, Turkey, Montenegro and Portugal ( the famous "Golden Visa"). These nationals must demonstrate that they have been “domiciled” in the treaty country for 3 years prior to applying for an E-1 or E-2 visa. This rule does not apply to those who have already secured an E-1 or E-2 visa. Prior to this provision, nationals of non-treaty countries could apply for citizenship in E treaty countries through investment programs, and immediately use their new nationality apply for an E visa.

These provisions took effect on December 23, 2022, when President Biden signed the act into law.

Basic Requirements for an E-1 and E-2 Visas

The E-1 Visa (Treaty Trader) is a temporary visa that allows from a Treaty County to engage in substantial trade, including trade in services or technology, with the United States. The E-2 Visa is a temporary visa that allows a national or company of a Treaty County to develop and direct the operations of an enterprise in which they have made a substantial amount investment.

E Visa applicants must hold a passport from an E Visa Treaty Country and must own at least 50% of the business.

Need Assistance?

Should you have any questions about this exciting development, or if you are interested in applying for E nonimmigrant classification, please do not hesitate to contact our offices.

Extension of Permanent Resident Card for Naturalization Applicants

gabriela@gcungo.com (Gabriela Ungo) — Mon, 12 Dec 2022 17:43:20 GMT

USCIS will automatically extend the validity of Green Cards through a Form N-400 receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card (I-90)

Effective today, the U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow an automatic 24-month extension validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents (LPRs) who have applied for naturalization.

This update is welcomed news and will help those applicants eligible to file for naturalization save filing fees related to Form I-90 Applications to Replace Permanent Resident Card ($540) and avoid the long delays of I-90 processing times. This policy was based on USCIS's processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date.

The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension.

Please contact our office if your Green Card is expiring to discuss eligibility to obtain U.S. Citizenship through Naturalization.

Updates on DACA

gabriela@gcungo.com (Gabriela Ungo) — Fri, 26 Aug 2022 17:05:51 GMT

Biden Administration issues regulations to preserve and fortify the DACA program

On August 24, 2022, the U.S. Citizenship and Immigration Service (USCIS), issued regulations to preserve and fortify DACA. They will be effective on October 31, 2022. USCIS will continue to renew DACA applications according to the 2012 regulations issued under the Obama Administration.

For a decade, thousands of individuals have been protected from deportation and granted employment authorization under the DACA program. On July 21, 2021, a Texas Judge found the Obama era DACA regulations unlawful, and issued an injunction. The purpose of the 8/24/2022 regulations is to preserve DACA and protect those who benefit from the program, by publishing new rules which would not be affected by the Texas lawsuit.

How do the regulations affect 1st time DACA applicants?

As of now, there are no changes in the DACA program since the 7/21/2021, injunction. Since then, the USCIS cannot grant DACA status to new applicants or to those whose status had been expired more than 1 year.

What is the update on the DACA 7/21/2021 injunction?

The case was appealed and it is now being heard at the Fifth Circuit Court of Appeals in New Orleans, LA. The timing of the decision is uncertain. If the Court of Appeals denies de appeal, the case will be heard in the Supreme Court.

My application for initial DACA status has been pending, will USCIS process my case after the new 8/24/2022 regulation ?

Unfortunately, every application for initial DACA is still on hold and cannot be adjudicated.

NOTICIAS DACA (ESPAÑOL)

El 24 de Agosto del 2022, el Servicio Nacional de Inmigración (USCIS en sus siglas en inglés) emitió regulaciones para preservar y fortificar DACA. Serán efectivas a partir del el 31 de Octubre de 2022. El USCIS continuará renovando aplicaciones DACA de acuerdo con los términos del año 2012, emitidas bajo la Administración de Obama.

Por una década, miles de individuos han sido protegidos de deportación y son beneficiarios de autorización de empleo bajo el programa DACA. Desde el 21 de julio de 2021, un Juez de Texas decidió que las regulaciones DACA de la era Obama eran ilegales, y emitió un interdicto sobre las mismas. El objetivo de las regulaciones del 24/08/2022 fue preservar DACA y proteger aquellos que se benefician del programa, publicando nuevas regulaciones que no sean afectadas por la demanda en Texas.

Cómo afectarán estas nuevas regulaciones aplicantes DACA iniciales?

Por el momento, no habrá cambios en el programa DACA ya que desde el interdicto de Julio del 2021. Desde ese momento, USCIS no puede dar estatus DACA al nuevos aplicantes o aquellos cuyo estatus a expirado por más de un año.

Cuáles son las más recientes noticias sobre el interdicto del julio del 2022?

La decisión del Juez de Texas fue apelado por la Administración Biden y por el momento está siendo revisado por la Corte de Apelación del Quinto Circuito localizado en Nueva Orleans. No se sabe cuando la corte tomará una decisión. En caso de qué la apelación sea negada, el caso sería revisado por la Suprema Corte de EEUU.

Mi aplicación inicial DACA está pendiente, el servicio nacional de migración adjudicada mi caso después de esta nueva regulación?

Desafortunadamente, todas las aplicaciones iniciales para DACA, se encuentran paralizadas y no se podrán adjudicar.

DHS Secretary Mayorkas Designates Ukraine for Temporary Protected Status (TPS)

gabriela@gcungo.com (Gabriela Ungo) — Fri, 04 Mar 2022 02:52:42 GMT

U.S. Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

Today, the Secretary of the Department of Homeland Security, Alejandro Mayorkas , granted temporary protective status (TPS) to thousands of Ukrainians nationals living in the United States, saying the “full-scale Russian military invasion” has caused a “humanitarian crisis” that has made it unsafe for them to return.

The designation of TPS will allow Ukrainian nationals to stay in the United States for 18 months without fear of deportation, if they have continuously resided in the United States since March 1, 2022 . Anyone attempting to arrive or traveling to the United States after March 1, 2022, will not be eligible for TPS. TPS beneficiaries can obtain an employment authorization document (EAD) and may be granted travel authorization.

According to a DHS spokesperson, about 75,100 people are estimated to be eligible to file applications for TPS under the designation of Ukraine.

The DHS Secretary may designate a country for TPS due to the following temporary conditions in the country:

Ongoing armed conflict (such as civil war)
An environmental disaster (such as earthquake or hurricane), or an epidemic
Other extraordinary and temporary conditions

FY2023 H-1B Cap Season: Registration Period Opens March 1st until March 20th, 2022

gabriela@gcungo.com (Gabriela Ungo) — Sun, 20 Feb 2022 21:11:04 GMT

FY 2023 H-1B lottery registration starts March 1st, 2022

The U.S. Citizenship and Immigration Service (USCIS) announced that the electronic registration period for the Fiscal Year 2023 (FY 2023) H-1B cap will run from March 1, 2022 12:00 PM EST to March 20, 2022 12:00 PM EST . During the H-1B cap registration process prospective employers (also known as “registrants”) who wish to file H-1B cap-subject petitions register electronically and pay the associated $10 registration fee for each beneficiary.

Each year, U.S. Citizenship and Immigration Services (USCIS) selects 65,000 H-1B registrations for foreign nationals with at least a bachelor’s degree, and an additional 20,000 petitions for beneficiaries with Master's degrees from a U.S. institution. A computer-generated random selection process (commonly known as the "lottery") is used to select a sufficient number of registrations to meet the 65,000 “regular cap.” The lottery results should be announced by Friday, April 1, 2022. If selected, petitioners need to file a complete petition with supporting documentation within 90 days to establish the beneficiary’s eligibility for a FY 2023 H-1B. Once approved, the employment start date is October 1, 2022.

If you would like to include an employee in this year’s registration for H-1B, please contact your GC Ungo Immigration for further information.

U.S. Announces Actions to Attract STEM Talent

gabriela@gcungo.com (Gabriela Ungo) — Sat, 22 Jan 2022 21:14:18 GMT

On January 21, 2022, the Biden Administration announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers (NIWs), and O-1 Extraordinary Ability Workers.

On statement issued today, the Biden-Harris Administration announced actions taken by the Department of State (DOS) and U.S. Citizenship and Immigration Service (USCIS) to "remove barriers to legal migration" specifically related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers.

F-1 Student Visa

Addition of 22 more fields of study to the F-1 students STEM OPT list. F-1 students earning Bachelors, Masters, and Doctorates in those listed STEM fields may remain in the United States for up to 36 months to complete Optional Practical Training. Some of the new added fields include: Bioenergy, Forestry, Human-Centered Technology Design, Cloud Computing, Anthrozoology, Climate Science, Economics and Computer Science, Environmental Geosciences, Mathematical Economics, Data Science, Mathematics and Atmospheric/Oceanic Science, Business Analytics , Data Visualization, Financial Analytics, Industrial and Organizational Psychology, Social Sciences (Research Methodology and Quantitative Methods).

J-1 Training and Exchange Visitors Visa

Creation of the Early Career STEM Research Initiative to "facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses"

O-1 Visa for Persons of Extraordinary Ability in the fields of science, business, education, or athletics

Due to the highly technical nature of STEM fields and the complexity of the evidence often submitted, USCIS issued a policy guidance updating its Policy Manual to clarify how it determines eligibility and evaluates evidence submitted in support of O-1A petitions for nonimmigrants of extraordinary ability, with a focus on individuals in science, technology, engineering, or math (STEM) field.
USCIS's update emphasizes that, if a petitioner demonstrates that a particular criterion does not readily apply to their occupation, they may submit evidence that is of comparable significance to that criterion to establish sustained acclaim and recognition .
Additionally, the USCIS Policy Manual adds a chart in the Appendix providing describing examples of evidence that may be relevant in evaluating O-1A evidentiary requirements and considerations that are relevant to evaluating such evidence.

National Interest Waivers for Advanced Degree Professionals or Persons of Exceptional Ability

USCIS updated the USCIS Policy Manual guidance on adjudicating National Interest Waiver (NIW) requests, i nclud ing special considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

The Immigration and Nationality Act (INA) provides that an employer may first obtain a permanent labor certification from the Department of Labor * and file an immigrant petition for a person of exceptional ability or a member of the professions with an advanced degree. The INA provides that USCIS may waive a job offer requirement , allowing immigrants whose work is in the national interest to petition for themselves, without an employer. To qualify for a NIW, the applicant must meet three factors:

The person’s proposed endeavor has both substantial merit and national importance;
The person is well positioned to advance the proposed endeavor; and
It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement.

* The "PERM" labor certification proves there are no qualified U.S. workers for the position they are seeking and that their employment will not adversely affect similarly employed U.S. workers

Department of State Expands Interview Waiver Eligibility

gabriela@gcungo.com (Gabriela Ungo) — Mon, 27 Dec 2021 19:26:07 GMT

DOS extends waiver for in-person consular interviews for temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who have petitions approved by USCIS through 12/31/22.

On December 23rd, 2021, the U.S. Department of State (DOS) announced that it would authorize consular officers to temporary waive, at their discretion, in-person consular interviews for certain employment nonimmigrant visa applicants through December 22, 2022 . The interview waiver procedures can be found in detail in the Foreign Affairs Manuel (FAM) at 9 FAM 403.5-4(A)(1)(U) . Applicants for interview waiver must apply for a visa in their country of nationality or residence .

The waiver applies to certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services (USCIS) on H, L, O, P, and Q Visa categories who meet certain conditions:

Were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
Are first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), with no prior ESTA denials, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using ESTA.

In addition, DOS extends the previously issued interview waiver policy until December 31st, 2022 for certain students, professors, research scholars, short-term scholars, or specialists on F, M, and academic J visas (excluding nationals of the People’s Republic of China), in one of the following categories:

Were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
Are first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), with no prior ESTA denials, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using ESTA.

The December 23rd, 2021 announcement also extends the non-immigrant interview waiver until December 31st 2022 to:

H-2 visa applicants (temporary agricultural and non-agricultural workers);
Applicants renewing any visa not more than 48 months after the date on which the prior visa expired (i.e., same visa class and same category of applicant within that visa class (principal or derivative));

In Practice : non-immigrant visa applicants eligible for in-person interview waiver must pay the fees and select a visa interview date for a visa appointment . In most cases, it is not necessary to make a request for an in-person interview waiver, since the applicant will be evaluated automatically when eligible. The applicant must select an interview appointment date nevertheless, and assume that he/she has to attend the appointment in-person until a decision of the in-person interview waiver is received. This decision may not come immediately, but at approximately one or two weeks prior to the appointment. Once selected for an interview waiver, the visa applicant receives instructions to mail in the passport directly to the U.S. Consulate

The DOS announcement also stated that applicants should " check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview."

9 FAM 403.5-4(B)(U) also states that:

(U) Eligibility for interview waiver does not automatically entitle an applicant to a waiver of the interview requirement. You must interview any interview waiver-eligible applicant who you believe should be interviewed to assess their eligibility, or those who may be from high-threat or high-fraud areas. Review all source information and liaise with other agencies at post to remain aware of changing threat information .

Nov 8, 2021: COVID-19 Travel Ban Lifted

gabriela@gcungo.com (Gabriela Ungo) — Wed, 20 Oct 2021 02:34:44 GMT

U.S. to reopen land and air border to fully vaccinated foreign nationals subject to U.S. COVID-19 travel bans as of November 8th.

As previously reported , the Biden Administration will lift the travel bans affecting millions of foreign nationals allowing fully vaccinated international travelers to enter the U.S.. The effected date will be November 8, 2021.

A spokesperson person from the Centers of Disease Control and Prevention (CDC) informed airlines that acceptable vaccines are " FDA authorized/approved acceptable or listed for emergency use by WHO will met the criteria ". Accepted COVID-19 vaccines are:

FDA Authorized/Approved : Moderna, Johnson & Johnson and Pfizer-BioNTech.
WHO Approved : Moderna, Johnson & Johnson, Pfizer-BioNTech, Oxford-AstraZeneca/Covishield, Sinopharm, and Sinovac.

It is expected that international air and land travelers , with an oficial record evidencing full series of acceptable vaccines (including name of manufacturer, dates of receipt) will be permitted to enter the United States.

The U.S. may also include blanket waivers or exceptions to the vaccination requirements as recommended by the CDC and similar to those issued for green card applicants submitting Form I-693, Report of Medical Examination and Vaccination Record .

Biden Administration Announced New Rule To Preserve DACA While Litigation Is Pending

gabriela@gcungo.com (Gabriela Ungo) — Thu, 30 Sep 2021 01:54:55 GMT

Today, the U.S. Department of Homeland Security (DHS) announced a notice of proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy

In response to a Federal Judge's decision to block initial filing of DACA applications, on September 28, 2021, U.S. Citizenship and Immigration Services published a proposed rule (NPRM) that would re-create the DACA program in federal regulation. The NPRM allows for a 60-day public comment period that begins once published on Sept. 28 and closes on Nov. 29. The 205-page rule is basically the same DACA program created in 2012, but fortified: the new version aims to protect the DACA program from litigation challenges.

Once the public comment period ends, USCIS will consider them carefully, and draft responses before issuing a final rule.

The Biden administration has appealed the Texas Judge's ruling to the 5th U.S. Circuit Court of Appeals.

The USCIS continues to receive and hold without adjudication initial DACA applications.

U.S. Will Lift Travel Ban For Fully Vaccinated Travelers

gabriela@gcungo.com (Gabriela Ungo) — Mon, 20 Sep 2021 19:48:02 GMT

Biden Administration to Lift Bans on Vaccinated International Travelers in November 2021

Today, Jeff Zients, White House’s COVID-19 pandemic coordinator, announced that the Biden Administration will lift travel bans starting in early November, on foreign nationals who are fully vaccinated against the coronavirus . Air passengers must show proof of COVID-19 vaccination as well as proof of a negative COVID-19 test taken three days prior to boarding an airplane. Zients said the Center for Disease Control and Prevention will determine which vaccines will be accepted.

This is welcomed news as travel bans were imposed 18 months ago by the Trump Administration and these restrictions continued by the Biden Administration (particularly after the spread of the contagious Delta variant) against travelers from 26 countries of the Schengen Area*, China, Rusia, India, Brazil, South Africa and Iran affecting millions of individuals, families and businesses alike. Currently, some exceptions are made for U.S. citizens, lawful permanent residents, their immediate family members, a small number of visa holders and those with national interest exceptions, if they have been physically present in any of the banned countries in the previous 14 days of travel.

According to Mr. Zients, the changes announced on this Monday only apply to air travel and do not affect restrictions along the land border. We expect a formal announcement from the White House and Department of State soon, we will keep our reders informed as more information becomes available.

* Germany, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland

COVID-19 Vaccination Required for Immigration Medical Examinations

gabriela@gcungo.com (Gabriela Ungo) — Tue, 14 Sep 2021 16:41:59 GMT

COVID-19 Vaccination will be required for all immigrants as of October 1, 2021 before Civil Surgeon can complete medical exam on Form I-693, Report of Medical Examination and Vaccination Record

The U.S. Immigration Service announced today that, effective October 1, 2021, all immigrants applying for adjustment of status (green card) will need be vaccinated against COVID-19 (one or two doses, depending on the vaccine) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination. This requirement applies prospectively to all Forms I-693 signed by the civil surgeons on or after October 1, 2021.

NOTE : The U.S. Center for Desease Control (CDC) has announced that COVID-19 vaccinations will also be required for all Immigrant Visa applicants, including K-1 visa applicants when completing the medical exam after October 1st, 2021. It is anticipated that the Biden Administration will expand this requirement to all non-immigrant visa applicants as well. Some U.S. Consulates have already updated their websites (e.i., London) with information regarding which COVID-19 vaccines will be accepted. For example, according to the World Health Organization to following are approved vaccines: Janssen Biotech, Moderna, Pfizer-BioNTech, AstraZeneca/Oxford vaccine, Johnson and Johnson, Sinopharm, Sinovac.

The COVID-19 vaccination requirement was recommended by the Center of Disease Control (CDC) last August 2021 and includes the following blanket waivers which the civil surgeon must document (reasons why an applicant did not receive the required vaccination):

Not age-appropriate (for example, if the applicant is younger than the lowest age limit for the formulations in use)
Contraindicated due to a medical condition;
Not routinely available where the civil surgeon practices; or
Limited in supply and would cause significant delay for the applicant to receive the vaccination.

All applicants for immigrant visas or green cars, regardless of age, are required to complete a medical examination. Under U.S. Immigration Law INA § INA 212(a)(1)(A)(ii) , the following vaccines are expressly required:

Mumps, measles, rubella;
Polio;
Tetanus and diphtheria toxoids;
Pertussis;
Haemophilius influenza type B; and
Hepatitis B

The CDC required additional vaccines for immigration purposes:

Varicella;
Influenza;
Pneumococcal pneumonia;
Rotavirus;
Hepatitis A; and
Meningococcal.

An applicant for adjustment of status who refuses one or more doses of a COVID-19 vaccine (or any other required vaccine) is inadmissible to become a lawful permanent resident. The applicant however, may file a waiver on Form I-601, Application for Waiver of Grounds of Inadmissibility, if vaccination is opposed based on religious beliefs or moral convictions.

Initial DACA Applications Blocked

gabriela@gcungo.com (Gabriela Ungo) — Mon, 19 Jul 2021 04:13:43 GMT

Federal Judge in Texas Blocks initial DACA Applications

On Friday, July 16, 2021, U.S. District Judge Andrew Hanen, blocked new filings of Deferred Action for Childhood Arrivals (DACA) applications arguing that it was illegally created by former President Barack Obama in 2012 in violation of the Administrative Procedures Act (APA). The judge recognized that current DACA recipients or anyone who previously had DACA, even if they let it expire, may continue to file extensions.

This decision affects all initial DACA applications currently being processed without adjudication (no decision from the U.S. Citizenship and Immigration Service) until further court action. The Department of Justice announced it will file an appeal to the court decision since 80,000 initial DACA applications remain pending.

We will continue to update clients and readers affected by this decision as soon as more information becomes available.

NIEs Now Valid for 12 Months from the Date of Approval

gabriela@gcungo.com (Gabriela Ungo) — Wed, 07 Jul 2021 03:38:33 GMT

The U.S. Department of State has extended the validity of National Interest Exceptions (NIE) for travelers subject to travel bans related to the spread of COVID-19. Existing NIEs will now be valid for 12 months, instead of 30 days, from the date of approval and for multiple entries, as long as they are used consistent with the purpose under which they were granted.

Certain non immigrant visa holders and ESTA travelers have been subject to travel restrictions for almost 16 months, due to their physical presence in countries including the UK, Ireland, Schengen EU, Iran, Brazil, China, South Africa and India. Travelers may renter the United States by submitting evidence at the U.S. Consulate that the are " traveling to provide vital support or executive direction to critical infrastructure; those traveling to provide vital support or executive direction for significant economic activity in the United States; journalists; travel due to extraordinary humanitarian circumstances; or travel in support of national security or public health. "

Travelers physically present in those countries, who are also eligible for NIE are:

Travelers with immigrant or fiancé visas;
Journalists;
Students holding valid F-1 or M-1 visas traveling to begin or continue an academic program. They may enter the United States no earlier than 30 days before the start of their academic studies. NIE eligibility for students who have been present in Brazil, China, India, Iran or South Africa applies to programs that begin on or after August 1, 2021.

For assistance with a National Interest Exception Waiver application, or for information on other areas please contact our office at info@gcngo.com.

USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021

Wed, 05 May 2021 00:55:25 GMT

Class-action lawsuit challenging H-4 and L-2 unprecedented adjudication delays forces USCIS to suspend biometrics

On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021, a move that is expected to expedite processing times for visa extensions and employment authorization.

Biometric screening was a Trump-era rule that required spouses of work-visa holders to submit appear at Application Support Centers for biometrics as part of their work permit applications. COVID-19 created an unprecedented backlog and delays.

The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 Applications to Extend/ Change Nonimmigrant Status if they are:

Pending on May 17, 2021, and have not yet received a biometric services appointment notice, and
Are new applications received by USCIS from May 17, 2021, through May 23, 2022.

USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. The American Immigration Lawyers Associations issued a members Practice Alert stating that it was not expected that USCIS will not require the biometrics fee for the applicable categories during the effective period, but that USCIS will not refund any payments already made.

FY2022 H-1B Cap Initial Registration Period Opens on March 9, 2021

gabriela@gcungo.com (Gabriela Ungo) — Tue, 09 Mar 2021 16:52:07 GMT

The initial registration period for FY2022 H-1B visa lottery will open today March 9th, 2021 at noon (EST) and will run through noon (ET) on March 25, 2021.

During this period, U.S. employers and their representatives submit their electronic registration via an online USCIS website paying a fee of $10 per candidate. During this process, a U.S. company wishing to sponsor a cap-subject H-1B candidate will have to create a USCIS account, fill out petitioner and beneficiary information and finally submit their registration. Once registered, the candidate will entered in the H-1B lottery selection process, before the H-1B petition is filed with USCIS. Once the registration window closes, USCIS will randomly select 85,000 registrants from the pool of all registrations.

USCIS intends to notify selected registrants on March 31, 2021.

DOS Updates Guidance for National Interest Exceptions for Certain Travelers from the Schengen Area, U.K., and Ireland

gabriela@gcungo.com (Gabriela Ungo) — Wed, 03 Mar 2021 17:23:33 GMT

On March 2, 2021, the Secretary of State rescinded four categories of individuals and their dependents previously eligible for a National Interest Exception (NIE) under the COVID-19 health-related ban for the Schengen Area, United Kingdom, and Ireland under Presidential Proclamation (PP) 10143. The categories rescinded are as follows:

Technical experts and specialists
Senior-level managers and executives
Treaty traders and investors
Professional athletes and dependents

The Department of State confirmed that previously issued visas or NIEs will not be revoked and these changes will only be effective on visa issuance moving forward. Those who are applying for visas, currently have visas, or ESTA authorization should follow the guidance included in State’s announcement.

The Secretary of State also created a new national interest determination covering certain travelers seeking to provide vital support for critical infrastructure, without clear guidance of what "critical infrastructure" means. The Department of Homeland's Cybersecurity & Infrastructure Security Agency (CISA) has a list and description of critical infrastructure sectors that may be useful in preparing for an NIE, absent additional guidance from DOS. The following is a non-exhaustive list of critical sectors:

Chemical Sector
Commercial Facilities Sector
Communications Sector
Critical Manufacturing Sector
Dams Sector
Defense Industrial Base Sector
Emergency Services Sector
Energy Sector
Financial Services Sector
Food and Agriculture Sector
Government Facilities Sector
Healthcare and Public Health Sectors
Information Technology Sector
Nuclear Reactors, Materials, and Waste Sector
Transportation Sector
Water and Wastewater Systems Sector

In addition, travelers in academic, student, and journalist categories remain eligible for an NIE as well. State also continues to offer NIEs for public health, national security, and humanitarian categories . Students with valid visas or those who will be applying for visas will continue to be automatically considered for an NIE. All other categories of persons will be required to apply for an NIE and should contact the respective consular post for more information.

Biden-Harris Administration on U.S. Immigration - The First 100 Days

gabriela@gcungo.com (Gabriela Ungo) — Thu, 28 Jan 2021 01:25:54 GMT

As announced by the Biden-Harris Administration we anticipate significant changes and improvements to the U.S. immigration system. This article will be regularly updated as the Administration rolls out significant changes affecting U.S. immigration and policy

January 20, 2021 - Initial Immigration Related Executive Orders

On January 20, 2021, the Biden administration issued signed 17 executive orders, some of the immigration related proclamations are described below:

Presidential Proclamation ending the Muslim & Africa Travel Bans issued by the Trump Administration and orders resumption of visa processing and clearing the backlog of cases in waiver processing. The proclamation instructs the Department of State Secretary (DOS) to direct embassies and consulates, consistent with applicable law and visa processing procedures, including any related to COVID-19, to resume visa processing in a manner consistent with the revocation of the executive order and proclamations specified. Relating to this proclamation, on January 22, 2021, the DOS provided information regarding the processing of immigrant and nonimmigrant visa cases of nationals, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
Presidential Proclamation directing the Secretary of Homeland Security, in consultation with the Attorney General, to preserve and fortify the Deferred Action for Childhood Arrivals ( DACA ) program as implemented in 2012, during the Obama-Biden Administration.
Presidential Proclamation halting the construction of the border wall with Mexico , and terminating the national emergency declared by Proclamation 9844 of February 15, 2019, which allowed the Trump Administration to redirect funds appropriated to other Government agencies towards the construction of the border wall. The proclamation further directs to develop a plan to redirect funds and repurpose contracts.
Presidential Proclamation reinstating Deferred Enforced Departure to certain Liberians (DED) and continued employment authorization until until June 30, 2022.
Presidential Proclamation directing government agencies such as the Commerce Secretary to include all persons, regardless of their immigration status, in the Decennial Census . On July 21, 2020, former President Trump announced a policy ordering exclusion of undocumented individuals from the 2020 Census count.
Presidential Proclamation revoking Executive Order 13768 of January 25, 2017 (regarding interior enforcement, including sanctuary cities and detainers) and pledging to "reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities".

The same day the Department of Homeland Security (DHS) Secretary issued a memorandum directing DHS components (including CBP and ICE) to conduct a review of immigration enforcement policies, and setting interim policies for civil enforcement during that review. Beginning 1/22/21, DHS will pause removals of certain foreign nationals ordered deported for 100 days. On January 22, 2021, the State of Texas sued the US government to stop the DHS Memo from taking effect. On January 26, a judge in Texas issued a Temporary Restraining Order (TRO) temporarily stopping the moratorium on deportations.

January 25, 2021 - COVID-19 Related Travel Ban Extended and Expanded

On January 25, 2021, the Biden Administration issued a COVID-19 Executive Order extending the suspension of entry of certain travelers who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, Brazil, China, and Iran during the 14-day period preceding entry or attempted entry into the United States. The travel ban restrictions also included travelers from South Africa. The effective date of this COVID-19 travel ban issued by the Biden Administration is 12:01 am (ET), January 26, 2021.

Biden's Executive Order on International Travel Explained

gabriela@gcungo.com (Gabriela Ungo) — Thu, 21 Jan 2021 01:08:22 GMT

Today, President Biden issued an Executive Order promoting safety travel on Domestic and International Flights

On January 21, 2021, President Joe Biden signed an Executive Order requiring a mask mandate on domestic and international flights and other means of transportation such as trains and buses.

As previously reported , the Center for Disease Control (CDC) ordered on January 12, 2021, that all international travelers entering the United States provide a negative COVID-19 test no more than 3 days before flight departure beginning on January 26, 2021 .

Today's Executive Order asks CDC, in coordination with the the Department of Homeland Security and Secretary of Transportation, to assess the DCD order issued on January 12, 2021, and by February 4, 2021, " take any further appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law ."

Further actions could include :

(A) the t iming and types of COVID-19 tests that should satisfy the negative test requirement, including consideration of additional testing immediately prior to departure;

(B) the proof of test results that travelers should be required to provide ;

(C) the f easibility of implementing alternative and sufficiently protective public health measures, such as testing, self-quarantine, and self-isolation on arrival, for travelers entering the United States from countries where COVID-19 tests are inaccessible , particularly where such inaccessibility of tests would affect the ability of United States citizens and lawful permanent residents to return to the United States; and

(D) measures to prevent fraud

This Executive Order does not mandate international travelers entering the U.S. to quarantine at this moment.

Negative COVID-19 Test Required for International Travelers

gabriela@gcungo.com (Gabriela Ungo) — Thu, 14 Jan 2021 03:36:22 GMT

CDC announces proof of negative COVID-19 test from international travelers arriving by air

As of January 26, 2021 , all international travelers entering the United States by air are required to produce a negative COVID-19 test taken within 3 days prior to departure. This order was issued by the U.S. Center of Disease Control (CDC) last January 12, 2021 and applies to all air passengers, 2 years of age or older, including US citizens and legal permanent residents.

For individuals who have been infected with COVID-19, proof of recovery can be presented in lieu of a negative test result. CDC states that viral test should be "NAAT or antigen test". For more information please check the CDC's FAQ link HERE

NOTE: this new requirement does not mean that the COVID-19 physical travel bans in place by Presidential Proclamation have been lifted . In fact, these COVID-19 related physical travel bans were e xtended by the Trump Administration until March 31, 2021 . With specific exceptions, foreign nationals who have been in any of the countries subject to the COVID-19 physical travel bans during the past 14 days may not enter the US. For a full list of countries under the proclamations, visit the U.S. Department of State COVID-19 Traveler Information page .

We are hopeful that the Biden Administration will lift not only the non-immigrant (H-1B, L-1 and J-1 visa) visa and immigrant visa travel bans as soon as he is sworn into office, but COVID-19 country specific physical presence travel bans as well.

GC Ungo will be actively monitoring travel bans and immigration news. To receive fast and current updates follow us on Facebook and Twitter . If you have questions about any of the above information, or you require immigration assistance, please to not hesitate to reach us through our contact form here or via email at info@gcungo.com

DACA Fully Restored!

gabriela@gcungo.com (Gabriela Ungo) — Mon, 07 Dec 2020 16:11:53 GMT

DACA is restored to Obama Era terms

Last Friday, December 4, 2020, a New York Federal Court ordered the U.S. Citizenship and Immigration Service (USCIS) to fully restore DACA to the Obama era terms and accept first time DACA applications as of December 7, 2020 ordered the agency to grant Employment Authorization Documents and Advance Parole Documents valid for 2 years. The Court also ordered USCIS to extend the one-year grants of deferred action and employment authorization documents under DACA to two years.

The following are the most frequently asked questions with regards to initial DACA applicants:

What are the first-time DACA application requirements?

Eligible applicants may file a DACA application for the first time if you meet all these requirement:

You are over 15 years of age at the time of application;
You were under the age of 31 on June 15, 2012 (you were born on June 15, 1981 or after) ;
You came to the United States before reaching the age of 16;
You have been continuously present in the United States since June 15, 2007 ;
You were physically present in the United States on June 12, 2012 (when DACA was announced) ;
You had no lawful status on June 12, 2012 ;
You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Does DACA confer legal status in the United States?

DACA does not solve unlawful presence. If a person has been present in the U.S. without legal immigration status, DACA does not erase that fact. For the period of time a person is enrolled in DACA he or she will be considered to be lawful presence , but other periods of unlawful presence will still be on the person’s record. DACA does not give legal immigration status, it is not an amnesty. DACA does not grant a person permanent residency (a “green card”) and nor does provide a pathway to apply for citizenship.

However, DACA is a temporary solution son millions on individuals since it gives eligible undocumented immigrants:

Temporary deportation protection, and
An employment authorization document that allows them to get a social security number.

Can I appeal a DACA denial?

DACA is a form of discretionary relief. This means that even if an individual meets the requirements, the immigration service can decide to deny the application and cannot be appealed. Applicants may re-submitted another application.

If I am granted DACA status before the age of 18, do I accrue unlawful presence?

If you were granted Deferred Action status before you reach the age of 18, you will not accrue unlawful presence. This is a very important factor and an advantage when the individual who has been in uninterrupted DACA status before reaching the age of 18 is eligible to apply for a green card (for example, when he or she marries a U.S. Citizen).

Can I apply for Advance Parole to travel outside the United States?

The Federal Court ordered USCIS to accept Advance Parole applications to DACA recipients again, making it possible for DACA recipients to travel outside the United States with a travel permit for humanitarian, educational, or employment reasons . At this time, the potential impact of the COVID-19 pandemic may limit the ability to travel internationally. Our law firm is not recommending travel outside the United States during the COVID-19 pandemic.

Are there any risks of applying to DACA?

yes, and it is important to consult with an immigration attorney regarding the person's eligibility for DACA. Applicants for DACA will be revealing and documenting to a government agency that they are not in the United States legally. The U.S. Government will have information about the applicant's domicile and work history. There are no protections to ensure that the

information you provide for your DACA application will not be used against you at a later date.

If you have questions about any of the above information, or you require immigration assistance, please to not hesitate to reach us through our contact form here or via email at info@gcungo.com

District Court Stops DHS and DOL H-1B Visa Wage Rules

gabriela@gcungo.com (Gabriela Ungo) — Fri, 04 Dec 2020 17:17:37 GMT

On December 1, 2020, in Chamber of Commerce, et al., v. DHS, et al. , the U.S. District Court for the Northern District of California set aside the DHS interim final rule, "Strengthening the H-1B Nonimmigrant Visa Classification Program", and the DOL interim final rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States" finding that the DHS and DOL H-1B wage rules violated the Administrative Procedures Act (APA).

In response to the court’s order setting aside the IFR, the DOL’s Office of Foreign Labor Certification (OFLC) announced on December 3, 2020 that they would comply with the order and update the FLAG system to incorporate the pre October 8, 2020 wage data.

On October 19, 2020, the U.S. Chamber of Commerce, along with the National Association of Manufacturers, the Presidents’ Alliance on Higher Education and Immigration, and other organizations and universities filed a complaint in the U.S. District Court for the Northern District of California against the DHS and DOL H-1B wage rules .

New Rules Affecting H-1B Visa and Green Card Applicants through PERM Process Will Harm American Businesses

gabriela@gcungo.com (Gabriela Ungo) — Sat, 17 Oct 2020 00:26:01 GMT

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On October 6, 2020, the U.S. Citizenship and Immigration Service (USCIS) and notably the U.S. Department of Labor (USDOL) issued a Prevailing Wage Interim Final Rule which went into effect in less than 36 hours after posting. The new Prevailing Wage rule did not follow the correct APA procedures and did not give businesses, employees, and the stakeholder community impacted by the rule adequate notice for comment.

Also, on October 8, 2020, the USCIS issued an Interim Final Rule revising the definition of “Specialty Occupation” for H-1B Visas, changes the “employer-employee” requirements, and increases vetting of H-1B users. This new H-1B rule will take effect on December 7, 2020.

The first lawsuit to challenge the rule was filed today in a New Jersey Federal Court by a group of technology firms . The law suit alleges that the U.S. Department of Labor, without notice, "dramatically altered" the way it calculates minimum salaries for the H-1B visas and certain employment-based green cards. Unfortunately, U.S. businesses and employers including American research institutions, colleges and universities, will only stand to suffer as a result of these changes until an injunction is issued and the rule is struck down in court.

Immigration Fee Increase Blocked

gabriela@gcungo.com (Gabriela Ungo) — Wed, 30 Sep 2020 00:35:44 GMT

U.S. District Judge Jeffrey White refused the government's request to delay the effect of his ruling.

On Tuesday September 29th, 2020, California federal judge barred the federal government from raising immigration application fees just three days before the changes were set to take effect, finding that acting Homeland Security chief Chad Wolf was likely improperly appointed.

This decision comes at great relief as we had been hurrying to file green card and naturalization applications for our clients this month before the increases were set to take effect.

Upcoming USCIS Fees and Form Changes

gabriela@gcungo.com (Gabriela Ungo) — Sun, 20 Sep 2020 02:40:27 GMT

New USCIS Filing Fees in Effect October 2, 2020, increase fees by a weighted average of 20 percent, adding new fees for certain immigration benefit requests, establishing separate/distinct fees for the various nonimmigrant worker categories and limiting the number of beneficiaries for certain forms.

USCIS published a new rule on August 3rd, 2020, announcing changes to filling fees effective as of October 2, 2020, which will apply to all applications and petitions postmarked on or after that date. It also indicated it will only accept the 10/02/20 version of a list of forms used for certain petitions and applications postmarked on or after October 2, 2020.

Fee Changes : some noteworthy fee changes are:

Adjustment of Status Applicants : Children under the age of 14 filing for adjustment of status with their parent will no longer be eligible to file Form I-485 with a reduced fee. A standard Form I-485 fee of $1,130 will apply to all applicants. Adjustment applicants will also be required to pay separate fees for Form I-765, Application for Employment Authorization ($550) and Form I-131, Application for Travel Document ($590) filed in connection with applications for adjustment of status, thus more than doubling the total cost of filing an adjustment of status application package to $2,270;
Naturalization Applicants : The standard fee for Form N-400, Application for Naturalization, increases by 83%, from $640 to $1,170 for paper filings;

It would be particularly important for adjustment of status and naturalization applicants for whom filing fees will increase substantially to ensure that all appropriate applications and petitions are postmarked before October 2, 2020.

F orm Revisions : although USCIS has indicated that it will post the new and revised forms online 30 days before the new rule goes into effect, as of September 18, 2020, only Form I-129MISC has been recently been posted in preview mode to the USCIS website.

H-1B Petitions: according to the final USCIS Fee Rule, effective October 2, 2020, USCIS will be adopting a new Form I-129 H1, as well as increasing the filing fees associated with H-1B petitions.
Other form updates : Petition for Nonimmigrant Worker: L Classification (Form I-129L); Petition for Nonimmigrant Worker: O Classification (Form I-129O; Application for Nonimmigrant Worker: E and TN Classification (Form I-129E&TN); Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification (Form I-129MISC); Request for Action on Approved Form I-600/I-600A (Form I-600/I-600A, Supplement 3); Application for Employment Authorization (Form I-765).

Significant Change to Premium Processing Time Frame: although the rule did not change the $1,440 fee for premium processing, it did change the premium processing time frame from 15 calendar days to 15 business days. For purposes of calculating the 15-day premium processing clock, USCIS considers business days as those days on which the federal government is open for business. Business days do not include weekends, federally observed holidays, or the days on which federal government offices are closed (including, but not limited to, closures due to inclement weather or national emergencies).

State Department Issues List of Exceptions to Presidential Proclamation of June 22, 2020

gabriela@gcungo.com (Gabriela Ungo) — Mon, 20 Jul 2020 14:42:25 GMT

On July 17, 2020, the Department of State issued a list of exceptions to the June 22, 2020 Presidential Proclamation. This P.P 10052 suspended the entry and visa issuance to the United States of H-1, J-1 and L-1 visa holders.

The list of exceptions issued on July 17, 2020 to the June 22, 2020 (P.P. 10052 ) and the April 22, 2020 (P.P.10014) Executive Orders will be based in a national interest as follows:

Applicants who will be aging out (turning 21 years of age) of their current immigrant visa classification before the relevant the Presidential Proclamations expire expire or within two weeks thereafter;
Exceptions for H-1B visa holders are available in these situations:

For travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research). This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a public health or healthcare professional, or researcher in an area of public health or healthcare that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic);
Travel supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations. This would include individuals, identified by the Department of Defense or another U.S. government agency, performing research, providing IT support/services, or engaging other similar projects essential to a U.S. government agency.

Exceptions for H-2B visa holders are available in these situation:

Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or to satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction (e.g. associated with the National Defense Authorization Act) or IT infrastructure.

Exceptions for J-1 visa holders are available in these situations:

Travel to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status by an au pair possessing special skills required for a child with particular needs (e.g., medical, special education, or sign language);
Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge;
Childcare services provided for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19;
An exchange program between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to the effective date of the Presidential Proclamation;
Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with "G-3" on Form DS-2019;
Specialized Teachers in Accredited Educational Institutions with a program number beginning with "G-5" on Form DS-2019 under certain circumstances;
Exchange visitor participating in an exchange program that fulfills critical and time sensitive foreign policy objectives.

Exceptions for L-1 visa holders are available in these situation:

Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.

Exceptions for H-4, L-2, and J-2 visas holders are available in these situation:

National interest exceptions are available for those who will accompany or follow to join a principal applicant who is a spouse or parent and who is not subject to P.P. 10052 (including those that have been granted a national interest exception). This exception can be extended to derivative applicants when the principal is currently in the United States or has a valid visa.

How can I apply to a National Interest Exception?

According to the DOS, "travelers who believe their travel falls into one of these categories or is otherwise in the national interest may request a visa appointment at the closest Embassy or Consulate and a decision will be made at the time of interview".

Some U.S. Consulates Start Reopening Phase

gabriela@gcungo.com (Gabriela Ungo) — Thu, 16 Jul 2020 01:46:28 GMT

O n July 14, 2020, the Department of State issued an official announcement confirming that US Embassies and Consulates may resume of routine visa services on a post-by-post basis.

On March 2020, the Department of State (DOS) suspended routine visa services worldwide due to the COVID-19 pandemic with i mmigrant and nonimmigrant visa services restricted to emergencies and those deemed mission critical. As of June 15, 2020, some U.S. Embassies and Consular posts worldwide may begin a " phased reopening of normal consular services including routine visa services, depending on local conditions ".

Which U.S. Consulates are scheduling visa appointments as of July 15, 2020?

According to DOS, the reopening of each specific consular post will depend on the conditions of each country. You may check specific U.S. Embassies and Consular visa services and appointment availability at USEmbassy.gov .

The countries where U.S. Embassies and Consulates have announced that nonimmigrant visa services will resume include Austria , Bermuda , Greece , Jamaica , Mauritius , Thailand and Seychelles.

Furthermore, visa services offered by the various posts as they reopen are also likely to vary. As of the writing of this update, it seems like U.S. Consulates are prioritizing visas which benefit the U.S. economy, such as E treaty traders or investors. Below you may find a list of important worldwide U.S. consulates and their nonimmigrant visa appointment availability*:

Belgium is scheduling E1/E2 visa appointments for July
Canada is scheduling E visa appointments for July
China (Beijing) is scheduling B1/B2 visa appointments for late August and F-1 visa appointments for late December
China (Guangzhou) is scheduling B1/B2 and F-1 visa appointments for late November
China (Shanghai) is scheduling B1/B2 appointments for November (no F-1 visas)
China (Shenyang) is scheduling B1/B2 appointments for November (no F-1 visas)
France is scheduling B1/B2 , E2 and appointments for September
Spain is scheduling B-1/B-2 visa appointments for January 2021
U.K. (London) is scheduling B1/B2 and O-1/O-2 visa appointments for August

What types of nonimmigrant visa appointments are being scheduled by U.S. Consulates?

As of June 15, 2020, some U.S. Consulates may schedule appointments for visitors with urgent travel needs; students (F-1, M-1, and certain J-1 ) ; and some family members of U.S. citizens consistent with the June 22, 2020 Proclamation.

Are previously issued Presidential Proclamations/travel restrictions still in effect?

Yes. According to DOS, the five geographical COVID-19 Proclamations and the two COVID-19 Labor Market Proclamations suspending the entry of certain aliens remain in effect.

The travel bans still in place are:

COVID-19 related restrictions on citizens of China (January 31, 2020), Iran (February 29, 2020), the Schengen Area (March 11, 2020), Ireland and the UK (March 14, 2020), and Brazil (May 24, 2020), unless the applicant qualifies for a “national interest” exemption under Section 3(b)(iv).
Proclamations limiting entry based on economic considerations include a 60-day restriction on immigrant entries (April 22, 2020) extended to December 31, 2020.
Proclamations limiting entry based on economic considerations (June 22, as amended on June 29, 2020) banning issuance of H-1B, H-2B, L-1 and certain J-1 (au pair, camp counselor, intern, summer work travel, teacher and trainee programs) nonimmigrant visas through December 31, 2020 . DOS has confirmed that H-1B physicians who cannot demonstrate that they will be treating hospitalized COVID-19 patients may argue for an exception in the national interest under Section 3(b)(iv).

* List courtesy of the American Immigration Lawyers Association

Trump Issues New Proclamation Suspending Issuance and Entry of Certain L-1, H-1B and J-1 Categories

gabriela@gcungo.com (Gabriela Ungo) — Tue, 23 Jun 2020 04:06:37 GMT

On June 22 2020, President Trump issued a new Executive Order (EO)suspending issuance of certain nonimmigrants visas.

President Trump again exercised executive authority to temporarily suspend the issuance of the certain non-immigrants visa categories for foreign nationals who are outside of the US on or after June 24 2020. The entire order is scheduled to expire on 31 December 2020. The Executive Order may be rescinded or modified prior to 31 December 2020; it will be reviewed 30 days after its signature and every 60 days thereafter.

Which non-immigrant visa categories are affected by this Executive Order?

H-1B visas and their spouses and dependent children;
H-2B visas and their spouses and dependent children
J visas , to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and their spouses and dependent children; and
L visas , and their spouses and dependent children.

Executive Order only applies to those foreign nationals who are:

Outside the United States on or after June 24 2020;
Do not have a nonimmigrant visa that is valid on or before June 24 2020; and
Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

I am currently in the United States. Does the Executive Order apply to me?

No. If you are in the U.S. holding any valid visa on or before June 24 2020, the Executive Order should not apply to you. If you travel internationally and require a new valid visa to re-enter, you will be subject to Executive Order. Consult an immigration lawyer before making any travel plans outside the United States.

While issuance of L visas, H-1B visas, H-2B visas has been suspended until 12/31.2020, petitions will continue to be received and adjudicated by United States Citizenship and Immigration Services (USCIS) during this time. Such petitions may be approved by USCIS, however no visas will be issued and the beneficiary will not be permitted to enter the United States until the expiry or rescission of the Proclamation.

Individuals are currently in in the United States may continue to apply for extensions from within the United States.

Which individuals are exempt from this Executive Order?

Any Individual seeking entry to provide temporary labor essential to the U.S. food supply chain ( for example, H-2B visa holders), and
Any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

I hold a valid non-immigrant visa, but I am currently outside of the United States. Will I be allowed entry after June 24 2020?

Maybe. The Executive Order seems to indicate that any foreign national with a valid non-immigrant visa on or before June 24 2020 , will not be subject to this Executive Order. However, the Executive Order is vague and needs clarification.

I hold a valid H-1B/L-1/J-1 non-immigrant visa which does not expire until next year and have plans to visit my family this Christmas. Can I travel Outside the United States?

It depends. With embassy closures (and uncertainty about when/if they will reopen/resume processing), travel bans (Europe, etc.), visa processing delays/suspensions, flight cancellations, COVID-19 travel restrictions, we will be advising our clients not to depart the United States unless it is absolutely necessary.

Other COVID-19 Travel Bans

It should be noted that this new Proclamation does not replace pre-existing bans: individuals may not enter the United States if they travel from a list of countries during a 14-day period preceding their entry.

Targeted countries include : China, Brazil, Iran, the Republic of Ireland, the United Kingdom, and countries within the Schengen Area. The 26 Schengen countries are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Supreme Court Blocks DACA Termination

gabriela@gcungo.com (Gabriela Ungo) — Sat, 20 Jun 2020 23:32:40 GMT

On June 18, 2020, the U.S. Supreme Court ruled that Department of Homeland Security's (DHS) decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act (APA).

Background

On September 5, 2017, the Trump Administration rescinded the DACA program and following the rescission, multiple lawsuits were filed challenging the termination. Several courts issued injunctive orders directing the government to partially maintain the DACA program. Therefore, those who were already protected by the DACA were able to file for extension of D eferred Action and Employment Authorization.

The June 18, 2020 Supreme Court decision states that terminating the renewal program was done in violation of APA.

What does the SCOTUS Decision ruling mean ?

According to last week's Supreme Court's decision, the Executive Branch must follow a certain set of APA rules or procedures to terminate the DACA program . Therefore, Supreme Court found that the DHS did not follow those rules and procedures correctly and only ordered USCIS to continue to accepting and processing certain types of DACA requests .

Which type of DACA requests can continue to be processed by the USCIS?

People Who Currently Have DACA can file a renewal DACA request.
People Whose DACA Expired One Year Ago or Less may still file a renewal DACA request.
People Whose DACA Expired More Than One Year Ago may file an initial DACA request.
People Whose DACA Was Terminated at any point may file an initial DACA request

Can I file a new "initial" DACA Application (I have never held DACA)?

Although the Supreme Court's ruling is considered a great victory for DACA holders, it is also true that DHS still has authority over the DACA program and the fate of its recipients . In our opinion, DHS stopped accepting initial DACA applications on September 5, 2017 and the June 18, 2020 Supreme Court decision did not address this issue, but the issue of DHS violating the APA and terminating current holders of DACA with proper APA process.

What is the USCIS current position?

On June 19, 2020, U.S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow, issued the following statement; " the court opinion has no basis in law and merely delays the President’s lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program ". Given this statement, our law firm believes that any person considering filing a new initial DACA application should be very cautious.

The Court’s opinion leaves open the possibility that DHS could issue a new corrected memorandum terminating DACA. This memo could come very quickly or could be put on hold until a future point in time, such as after the presidential election in November. It is uncertain.

What is GC Ungo's recommendation?

At the writing of this post, GC Ungo Immigration will not be preparing new initial filings absent USCIS Guidance . We understand that hundreds of potential Dreamers may be eligible and ready to apply, but we also have an ethical duty to keep our clients protected. We have weighted the risks, and without clear guidance, new initial applications are likely to be denied under the Trump Administration. The process has no appeal and chances or deportation remain high.

We will keep our readers updated.

Possible Extension and Expansion of Presidential Proclamation Suspending Entry of L-1, H-1B and J-1 visa holders into the United States

gabriela@gcungo.com (Gabriela Ungo) — Wed, 10 Jun 2020 16:09:56 GMT

The American Immigration Lawyers Association (AILA) and several media outlets have issued report s on President Trump's new plan to announce another set of immigration restrictions due to COVID-19 , despite the pressure of important interest groups, businesses and experts who are fighting any new restrictions. The new proclamation threatens not only to extend the existing April 22, 2020 proclamation, but also its expansion to nonimmigrant visas such as L-1, H-1B , H-2B and J-1. This information could be subject to change until the Proclamation is issued.

Which non-immigrant visas could be affected by the new proclamation?

The new Proclamation would be barring entry to the U.S. for H-1B (workers in a speciality occupation), H-2B (temporary non-agricultural workers), L-1 (intracompany transfers) and J-1 (exchange visitors) for a temporary period pursuant to INA 212(f) and 215(a). It is not clear which of the J-1 subcategories would be impacted, but according to AILA likely to impact the Summer Work Travel (SWT) program, camp counselor, intern and trainee programs.

When is this proclamation expected?

According to AILA, this proclamation " could be issued as soon as June 15, 2020, and will likely be issued by the end of June " and could be in effect for as long as 90 to 180 days.

I am currently in the U.S. on one of the targeted visas (L-1, H-1B, J-1). Can the proclamation affect my work/status?

The Trump Administration will announce a temporary ban on the entry of nonimmigrant workers, but will likely NOT announce or describe other substantive policy changes on these programs. If you are in the United States employed or awaiting a change of status into one of those visa categories, you should not make any plans to travel outside the United States. If you are currently outside of the United States you should make plans to return as soon as possible.

Will the proclamation include exceptions?

The proclamation will likely include the same exceptions listed on the April 22, 2020 Executive Order, such as:

COVID-19 related exemptions, such as for health care workers
Food supply related exemptions
For U.S. employers who conduct additional recruitment efforts

GC Ungo Immigration Law Now Open

Tue, 05 May 2020 01:41:37 GMT

M. Gabriela Ungo happily announces the opening of her new office, GC Ungo Immigration Law. Same effective and competent immigration solutions with a new modernized and improved brand .

After months of preparation, M. Gabriela Ungo announces the opening of her solo practice, GC Ungo Immigration Law .

Gabriela wanted to make significant improvements in her practice of U.S. immigration law, combining an entrepreneurial spirit and a renewed focus on direct client service and advocacy. In her new law firm, Gabriela will more broadly apply her 20 years of experience by incorporating an innovative and modern case management system which will ease direct client interaction.

Gabriela's practice volume is small which allows personalized and tailored immigration solutions for each of her clients. She is Licensed in the State of New York and will continue to represent clients located in the 50 states of the United States. Her practice focuses on employment and family-based immigration representing clients across multiple industries, including hospitality, manufacturing, agriculture and academic institutions.

At GC Ungo Immigration Law are committed to keeping our clients constantly updated to reduce anxiety and stress during these challenging times via e-mail campaigns, constant immigration law and policy updates on Social Media.

Our Client Portal is modern, clean and simple , which allows both individual and corporate clients to easily track case status, upload documents, maintain records, and track expirations. All information and data is hosted by Microsoft Azure Cloud services, which offers the highest level of protection from hackers, viruses and other threats.

COVID-19 Impact of President Trump's Immigration Executive Order of 22 April 2020

Thu, 23 Apr 2020 12:38:32 GMT

On April 22, 20202, President Trump issued an Executive Order temporarily suspending the entry of certain immigrants who are outside the United States. This proclamation becomes effective 23 April 2020 from 11.59pm EDT, and shall expire 60 days after its effective date i.e. on 22 June 2020 from 11.59pm EDT , unless President Trump opts to continue or modify the proclamation beforehand.

This new order applies only to consular processing of immigrant visas of individuals currently outside the United States and will not impact applications for adjustment of status (green cards processed within the United States). It also provides a list of exceptions:

all lawful permanent residents (current green card holders);
individuals who have an immigrant visa that is valid on the effective date;
spouses of US citizens;
minor (under age 21) children of US citizens or prospective adoptees of US citizens;
individuals who have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits travel to the United States and seek entry or admission;
physicians, nurses, or other healthcare professionals who will perform medical research or other research intended to combat the spread of COVID-19;
individuals applying for visas under the EB-5 Investor program;
individuals whose entry would further important United States law enforcement objectives, based on a recommendation of the Attorney General or whose entry would be in the national interest;
members of the US Armed Forces, and their spouse and/or children; and
certain special immigrants and any spouse and children of any such individuals.

This proclamation does not limit the ability for individuals to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

These are answers to most questions we have received regarding President Trump's COVID-19 immigration related 4/22/2020 order.

Will this order restrict the ability to file immigrant visas (green cards) for family members or company employees?

This order does not restrict the ability to file green card or immigrant petitions or applications with USCIS, and will only impact entry and visa issuance of the affected immigrants.

I am in queue for an immigrant visa appointment at the U.S. Consulate. How will my case be impacted?

Most U.S. Embassies and Consulates are around the world are closed due to the COVID-19, except for emergency situations. The impact of this order as it is currently drafted should be minimal for most applicants who are outside the United States, unless your case does not fall under the exceptions and you have an emergency.

My Provisional Waiver was approved and I am now in queue for an immigrant visa. What is the impact of this proclamation on my case?

Most immigrant visa applicants are outside the United States during the entire green card process. Provisional Waiver applicants can remain inside the United States until they receive an immigrant visa interview appointment. You case is not affected by this order, it is affected by the COVID-19 pandemic measures however. Like all applicants for immigrant visas worldwide, your case will experience more delays.

Will this order restrict the issuance of employment based temporary (non immigrant) visas?

This order does not restrict the issuance of employment based nonimmigrant visas, such as E-2, H-1B or L-1 visas, or individuals’ entry on other nonimmigrant visas such as B-2. However, it does indicate that we should expect an update and review of non immigrant programs and may "issue measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers". We will keep our readers updated.

COVID-19 Impact on H-1B Visa Employment

Mon, 20 Apr 2020 12:38:32 GMT

COVID-19 pandemic has had an enormous impact on the highly regulated area H-1B visa employment. The H-1B visa program allows U.S. Employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. It is jointly regulated by the U.S. Citizenship and Immigration Service (USCIS) and the U.S. Department of Labor (DOL). DOL regulations are specifically aimed at protecting U.S. workers. The notice to U.S. workers that an H-1B worker is being hired, is a key requirement of the regulations.

Another special rule is a requirement that Employers submit a Labor Condition Application (LCA) with DOL prior to filing an H-1B petition. On an LCA, Employers make several attestations, including that they will pay the H-1B workers the same wages and benefits of similarly qualified U.S. workers. The LCA must contain t he actual wage and job location . It also must be posted in two conspicuous locations at the employee’s work site.

These H-1B employment obligations may be difficult to meet while undertaking work-from-home policies, layoffs, furloughs and other actions as a result of the COVID-19 pandemic. If there are any material changes to the employment, a new LCA must be filed as well as a new or amended H-1B visa petition . Material changes include:

Posible decrease in salary
Increase/decrease in hours worked
Change in job site
Position title change
Promotions or demotions

LCA / H-1B Penalties: The DOL vigorously enforces LCAs attestations and the penalties depend on the type of violation. Companies with H1B visa employees need to ensure that their Public Access Files (PAFs) are properly maintained and updated. PAFs should be publicly available for inspection within one day of the filing of the LCA and maintained for one year past the final date any foreign national is employed pursuant to the LCA.

The following Q&A is designed to assist Employers and their H-1B workers as they face hard decisions during these unprecedented times:

How can an Employer fulfill the Notice of Filing obligation while our office is temporarily closed?

Employers have to give notice to U.S. workers, either as hard-copy posting at the actual worksite(s) or through electronic notice. The electronic notice may be on the company’s intranet or in its newsletter, or failing that, via direct e-mail to affected employees. Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days.

However, during COVID-19 pandemic, notices are not visible in an office where no one is working. The most conservative approach would be to provide notice to employees electronically, either through the company’s intranet or, if it doesn’t have one, via direct email. If other U.S. employees lack computer access, hard copies of the notice may be mailed individually to each worker.

The quarantine has forced our employees to work from home or remotely. What steps should an H-1B Employer take?

There are several possible scenarios:

If, at the time of filing an H-1B petition, the employer contemplates providing the option to work from home, LCA posting notices should be posted both at the employer’s office where the H-1B worker will work and at his or her home office.
If remote work arrangements from home are not contemplated in the LCA , the Employer is not required to file a new LCA or amend and H-1B petition if employee's remote location is within the same metropolitan statistical area (MSA) or normal commuting distance, LCA's job site. However, the employee must post the LCA at their home for 10 consecutive days and then stored in the employer’s Public Access File after they are taken down.
If the employee’s home is outside the MSA in which the worksite listed on LCA is located, the following rules apply:

If quarantine lasts less than 30 days, the Employer can consider using the “Short Term Placement” option under LCA regulations. This rule permits placing H-1B workers at a worksite not listed on its approved LCA for up to 30 workdays each year.
If the quarantine lasts longer than 30 workdays, the employer will need to file a new LCA to cover the employee’s home location and comply with all of the LCA notice requirements. In addition, an amended H-1B petition must be filed.

As a result of the COVID-19 pandemic, many employers are being forced to make tough workforce decisions to deal with the significant economic impact and uncertainty. What are the H-1B regulations with regards to benching, furloughs, permanent layoffs or temporary layoffs?

H-1B workers cannot be "benched", or be subject to furloughs. The H-1B worker must be paid for any unproductive time off that is not 100% voluntary. In other words, H-1B workers must voluntarily take unpaid leave, or take paid time off. 20 CFR 655.731(c)(7)(ii), describes the “Circumstances where wages need not be paid.” It reads:

“ If an H1B nonimmigrant experiences a period of non-productive status due to conditions unrelated to employment which take the non-immigrant away from his/her duties at his/her voluntary request and convenience (e.g. touring the U.S., caring for ill relative) or render the non-immigrant unable to work (e.g. maternity leave, automobile accident which temporarily incapacitates the nonimmigrant) then the employer shall not be obligated to pay the required wage during that period, provided that such period is not subject to payment under the employer’s benefit plan or other statuses, such as the Family And Medical Leave Act (29 U.S.C. 2601 et seq.) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.). Payment need not be made if there has been a bona fide termination of the employment relationship .”

If Employer elects to terminate, the H-1B worker should be informed and paid the reasonable cost of return transportation. The Employer must also withdraw the LCA with the DOL, withdraw the approved H-1B petition with USCIS. When terminated, the H-1B worker has a 60-day grace period to leave the United States. The 60-day grace period applies only if authorized stay on the I-94 shows more than 60 days, otherwise, the I-94 date rules.

Can the Employer reduce a full-time H-1B worker to part-time position?

Yes. This is considered a material change to the employment that would require a new LCA and an amended H-1B petition.

Can the H-1B employee be paid a lower wage rate during the COVID-19 pandemic?

Employers must pay the required wage for the duration of the approved H-1B petition or until there is a bona fide termination of the H-1B worker’s employment.

Any wage adjustment different from the actual wage listed on the I-129 Petition (even if higher than the "prevailing wage"), needs an amended H-1B petition. Any reduction below the prevailing wage would result in a violation of the employer’s obligations under the LCA.

COVID-19 Immigration Updates

Mon, 30 Mar 2020 12:38:32 GMT

The COVID-19 outbreak is continuing to cause a wide range of unprecedented US immigration issues for individuals and employers alike. We are providing a list of answers to the FAQ during this pandemic.

Will an Application for Employment Authorization (Form I-765) or DACA renewal be approved now that USCIS ASC have temporarily closed?

USCIS announced that it will reuse previously submitted biometrics to process Form I-765, Application for Employment Authorization, extension requests (which includes DACA Extensions) due to the temporary closure of Application Support Centers (ASC) to the public, preventing the capture of new biometrics. This procedure will remain in effect until ASCs are re-opened to the public.

My biometrics/interview/citizenship ceremony appointment were cancelled. What should I do?

U.S. Citizenship and Immigration Services has temporarily suspended routine in-person services through at least May 3. USCIS will automatically reschedule ASC appointments by sending out new appointment letters in the mail when it again resumes normal operations. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.

My authorized period of admission expired recently or will expire soon. I cannot depart the U.S. due to COVID-19 travel restrictions, flight cancellation or illness. What can I do?

If you are a Visa Waiver Program Traveler , you will be granted satisfactory departure contacting any local CBP Port of Entry or Deferred Inspection Site or the USCIS Contact Center. On 4/17/2020, announced that VWP travelers may apply for an additional 30-day extension of their admission period if they remain unable to depart the United States because of the COVID-19 pandemic.
If you hold a Non-Immigrant Visa such as B-2, L-1, H-1B, you may remain in the United States beyond their authorized period of stay by filing an application for extension of stay (EOS) or change in status (COS). USCIS announced that it may excuse the failure to timely file if applicant can prove that it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. We available to provide comprehensive advice on the best strategy for your situation.
J-1 program participants have a 30-day "grace period" to depart the U.S. They may request an extension on their DS-2019 directly to their program sponsor. For the latest USCIS COVID-19 related updated visit https://www. .gov/about-us/uscis-response-covid-19

Due to the COVID-19 disruption, company closures and social distancing measures, it is impossible to obtain documents with original signatures. Are other alternatives available?

USCIS requires a valid signature on applications, petitions, requests, and certain other documents. However, it announced that it will temporarily accept all forms and documents with reproduced original signatures for submissions dated March 21, 2020, and beyond. This means that original documents containing handwritten signature may be scanned, faxed, photocopied, or similarly reproduced for submission with USCIS, eliminating the need for petitioners, attorneys and beneficiaries mailing hard copies of original documents for the duration of this National Emergency. Electronic signatures are not being accepted at USCIS.

Individuals or entities that submit documents bearing an electronically reproduced original signature must also retain copies of the original documents containing the “wet” signature.

Will I still be able to schedule and attend my appointment to apply for a visa at a US Embassy or Consulate?

All U.S. visa issuing consular posts, have suspended all routine visa services. Some posts remain open but may notify applicants directly if appointments are cancelled. In an attempt to keep the public informed, the Department of State is maintaining country-specific information concerning COVID-19 for each US consular post which includes information concerning health services, recommendations, and if applicable, information regarding the suspension or reduction of visa services.

Before planning any trip abroad, check the Travel Advisories for your intended destination at Department of State country specific travel advisories : https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
You may check specific Consular appointment information at the Department of State's Visa Appointment Wait Time page https://travel.state.gov/content/travel/en/us-visas.html

Due to COVID-19 our company is operating remotely and is unable to complete Section 2 (or Section 3) of Form I-9, Employment Eligibility Verification which requires in-person verification of identity and employment eligibility documentation within three business days of hire. What can we do?

The Department of Homeland Security (DHS) allowed some flexibility by instructing employers to use "remote verification" and inspect the Section 2 documents over video link, fax or email, etc. and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. This provision only applies to employers and workplaces that are operating remotely.

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Travel Bans vs. Benefits “Pause”: What the New 2025–2026 Policies Mean for Immigrants and Employers

The December 16, 2025 Trump Proclamation and the USCIS adjudication “pause” are related but distinct: the proclamation restricts entry to the U.S., while the pause delays decisions on immigration applications, often for people already here.

What President Trump’s New 2026 Travel Ban Means for Affected Nationals and Their Families

On December 16, 2025 the Trump Administration issued expanded and revised travel bans effective January 1st, 2026.

New 2025 Naturalization Civics Test Implemented as of October 20, 2025

USCIS will administer the 2025 Naturalization Civics Test to those who file their naturalization applications on or after October 20, 2025.

Summary of Trump's Administration's Proclamation Regarding H-1B Visas

President Donald Trump issued a proclamation on Sept. 19, 2025, restricting the entry of certain H-1B nonimmigrants by mandating $100,000 payment prior to filing H-1B petitions with some exceptions.

Raising the Bar for Citizenship: Trump’s New “Good Moral Character” Memo Explained

Trump Administration expands ‘good moral character’ requirement to become naturalized citizen

Importance of Filing AR-11 Change of Address During Trump 2.0

Failure to submit the AR-11 Charge of Address form when required can lead to serious consequences such as penalties for not complying with U.S. immigration regulations and removal (deportation).

Understanding Alien Registration Act Requirements

With limited exceptions, all noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for Registration and be fingerprinted

USCIS Announces FY 2026 H-1B Cap Initial Registration Period

USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.

What is a Priority Date?

A Priority Date is essentially your place in line for a Green Card.

USCIS Fee Increase Effective April 1, 2024

The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees

Preparing for FY 2025 H-1B Lottery and Timeline

March 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024

DOS Provides Guidance Domestic H-1B Visas Renewals for Certain Applicants

The Department of State has announced guidance and FAQs on a pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements

USCIS Premium Processing Fee increases February 26, 2024

Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685

DHS Issues Proposes Rule to Modernize H-1B Program

DHS proposed rule would modernize the H-1B Program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers

DOS Expected to begin Stateside Visa Renewal Pilot in Early 2024

Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.

Employment Authorization Validity Increased for Certain Categories

USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens

Department of Homeland Security (DHS) Extends and Redesignates TPS for Ukraine

The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025

End of COVID related I-9 Employment Verification Flexibilities Announced

Department of Homeland Security Issued Optional Alternatives to In-Person Physical Document Examination for Form I-9 for Employers Participating In E-Verify pursuant COVID Flexibilities

USCIS Completes Second Lottery Selection for FY2024 H-1B Cap

On July 31, 2023, USCIS announced that it selected a sufficient number of H-1B registrations projected to reach the cap and has notified all prospective petitioners from this round of lottery selection that they are eligible to file an H-1B cap-subject petition.

USCIS Launches Online Rescheduling of Biometrics Appointments

New online tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center

U.S. Work Authorization Based on Compelling Circumstances

Certain Employment-Based Immigrants may obtain Employment Authorization Documents (EADs) in Compelling Circumstances

USCIS Expands Premium Processing to Applicants Seeking to Change into F, M, or J Nonimmigrant Status

USCIS announced the phased expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 visa status.

DOS Announces Nonimmigrant Visa Fee Increases

New Nonimmigrant Visa Applications Fee Will Take Effect June 17, 2023

Update on FY2024 H-1B Lottery and Selected Registrations Filing Deadline

USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap. Total registrations received were 758,994, up 60% from FY 2023

USCIS Announces Mail Delivery Options for ADIT Stamps

Temporary evidence of green card status in the form of ADIT stamp may be now mailed fro USCIS to lawful permanent residents

Premium Processing Expanded to Certain F-1 OPT and STEM OPT Applications

USCIS is now implementing premium processing service for certain F-1 students seeking an OPT or STEM OPT employment authorization document (EAD) on Form I-765, Application for Employment Authorization

Return of Domestic Visa Renewals Program Expected in 2023

Department of States announced pilot program allowing certain visa holders to renew their visa stamps within the United States, without requiring travel to a U.S. embassy or consulate abroad

FY 2024 H-1B Lottery Initial Registration Period Opens on March 1, 2023

FY 2024 H-1B lottery registration starts March 1st, 2023

Class Action Filed Against USCIS for Extreme Processing Delays on I-601 Waivers

On February 23, 2023, a group of immigrants filed a federal class action lawsuit against U.S. Citizenship and Immigration Services (USCIS), challenging bureaucratic bottlenecks that have left them in a multi-year limbo

USCIS to Begin Bundling Adjudication of I-129, I-539, and I-765 for H-4 and L-2 Dependents

Effective January 25, 2023, H-4, and L-2 dependents who properly file Form I-539 and Form I-765, as applicable, with the principal's Form I-129 will be adjudicated together.

USCIS Expands Premium Processing

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

USCIS Proposes To Increase Filing Fee Schedule—Comments Due March 6, 2023

USCIS Issues Proposed Rule to Increase Many Immigration and Naturalization Filing Fees

Portuguese Nationals Now Eligible for E-1 and E-2 Visas

Rule extends Treaty Trader & Investor Visas to Portugal but adds eligibility restrictions

Extension of Permanent Resident Card for Naturalization Applicants

USCIS will automatically extend the validity of Green Cards through a Form N-400 receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card (I-90)

Updates on DACA

Biden Administration issues regulations to preserve and fortify the DACA program

DHS Secretary Mayorkas Designates Ukraine for Temporary Protected Status (TPS)

U.S. Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

FY2023 H-1B Cap Season: Registration Period Opens March 1st until March 20th, 2022

FY 2023 H-1B lottery registration starts March 1st, 2022

U.S. Announces Actions to Attract STEM Talent

On January 21, 2022, the Biden Administration announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers (NIWs), and O-1 Extraordinary Ability Workers.

Department of State Expands Interview Waiver Eligibility

DOS extends waiver for in-person consular interviews for temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who have petitions approved by USCIS through 12/31/22.

Nov 8, 2021: COVID-19 Travel Ban Lifted

With limited exceptions,  all noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for Registration and be fingerprinted