Category: Green Cards
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PERM Update: Processing Times and Employer Audits Have Increased in the Wake of COVID-19
The coronavirus (COVID-19) pandemic has put a strain on U.S. employers and the foreign workers they hire. Program Electronic Review Management (PERM) processing times have increased, and employers are seeing a sudden uptick in audits by the U.S. Department of Labor (DOL). The PERM process is the first step of the green card process for foreign […]
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Changes to US & Canadian Immigration in 2021
Our Managing Partner, Rosanna Berardi, recently wrote about changes to US and Canadian immigration in The Lawyer’s Daily: U.S. President-elect Joe Biden’s plans for employment-based immigration will primarily focus on reversing what President Donald Trump has done since 2017. This includes turning back all of Trump’s executive actions restricting travel, limiting green cards and guest […]
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Senate Unanimously Passes Immigration Bill Lobbied by Big Tech
On December 2, 2020, the U.S. Senate unanimously passed a bill entitled “Fairness for High-Skilled Immigrants Act of 2020.” The bill, which sets out new provisions focused on both green card and H-1B temporary worker reform, was passed without any public hearings and is said to pacify Big Tech’s hankering for cheap indentured labor. Notably, this is the […]
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DOJ Sues Facebook for Skewing its Hiring Process in Favor of Foreign Workers
On December 3, 2020, the U.S. Department of Justice (DOJ) sued Facebook alleging its hiring process favors temporary visa holders over U.S. workers in violation of the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The INA makes it illegal for employers to discriminate against U.S. citizens and nationals, asylees, refugees, and certain lawful […]
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USCIS Revises Policy Guidance on Naturalization Applicants Who Erroneously Obtained Lawful Permanent Resident Status
On November 18, 2020, U.S. Citizen and Immigration Services (USCIS) updated its policy manual to reflect new guidance on when applicants would be ineligible for naturalization based on their lawful permanent resident (LPR) status. All naturalization applicants must establish that they were lawfully admitted to the U.S. for permanent residence at the time of filing […]
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USCIS Adopts Discretionary Rules for Adjustment of Status Applications
USCIS recently amended its policy manual with a table of factors for officers to consider in exercising their discretion over whether to approve an adjustment of status (AOS) application. This update highlights the role of a USCIS officer’s discretion in adjudicating AOS applications based on the totality of the circumstances (aka considering all the available […]
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Department of Homeland Security Proposes Changes to the Affidavit of Support Process
On October 2, 2020, the Department of Homeland Security (DHS) published a notice of proposed rulemaking outlining suggested changes to the Affidavit of Support process. Petitioning sponsors for most family-based and some employment-based immigrants are required to file Form I-864, Affidavit of Support Under Section 213A of the INA (or it’s shorter version, I-864EZ , for […]
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K-1 Nonimmigrant Visas
The K-1 nonimmigrant category, also known as the fiancé visa, is utilized by U.S. citizens who want to bring their foreign national fiancé to the U.S. to get married. The K-1 visa is available to individuals who will get married to their U.S. citizen partner within 90 days, and whose marriage will be valid, meaning […]
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FAQ October 2020 Visa Bulletin
On September 24, 2020, the Department of State (DOS) released the highly-anticipated October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit their Adjustment of Status (AOS) application or have their AOS case adjudicated. The submission of an AOS application is the final step […]
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I-751 Conditional Residency
Conditional green cards are issued to foreign nationals who, at the time of filing a marriage-based green card, have been married to their U.S. citizen spouse for less than two years. A conditional green card is only valid for two years. How to Remove Conditions on Residence To remove the conditions on residence and obtain […]
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