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Category: Green Cards

  • The Visa Bulletin: Final Action Dates vs. Dates for Filing

    Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. Because the number of green card […]

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  • EB-2 National Interest Waiver Green Cards

    The employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an […]

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  • Breakdown of Biden’s Immigration Bill to Congress

    Biden’s comprehensive immigration bill—known as the U.S. Citizenship Act of 2021—was formally introduced in the House on February 18, 2021, by Representative Linda Sanchez (D-Calif) and in the Senate on February 22, 2021, by Senator Bob Menendez (D-N.J.). The bill calls for broad immigration reform, including an eight-year pathway to citizenship for 11 million undocumented […]

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  • Biden Administration Closes Chapter on Trump-era “Public Charge” Rule

    On March 9, 2021, the Supreme Court agreed to a Biden administration request to dismiss an upcoming case challenging the Trump administration’s highly contested “public charge” rule.  This means the Biden Administration has officially closed the chapter on the Trump-era Public Charge rule.    Under the Public Charge Final Rule, the Trump administration expanded the application of […]

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  • President Biden Revokes Proclamation 10014, Lifting Trump’s Ban on Green Cards

    On February 25, 2021, President Biden revoked Proclamation 10014, thereby lifting the ban on green cards imposed by Former President Trump last spring. In Proclamation 10014, issued April 22, 2020, Trump suspended the entry of foreign nationals as immigrants, claiming they posed a “risk to the United States labor market during the economic recovery” following the COVID-19 outbreak. […]

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  • USCIS Issues Updated Guidance Regarding the Educational Requirements for Naturalization

    On February 22, 2021, U.S. Citizenship and Immigration Services (USCIS) updated policy guidance in the USCIS Policy Manual regarding the educational requirements for naturalization. Specifically, USCIS announced it will be reverting to the 2008 naturalization civics test starting March 1, 2021, thereby eliminating the revised naturalization civics test that was implemented on December 1, 2020 (“2020 civics test”).   […]

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  • DHS Final Rule Provides for Automatic 180 Extension of Work Authorization for Certain Categories when EAD Renewal Received

    On November 18, 2016, the U.S. Department of Homeland Security (DHS) issued a final rule, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, which granted automatic extensions of Employment Authorization Documents (EADs) in certain circumstances. Specifically, the rule—effective January 17, 2017—automatically extends the employment authorization and validity of existing EADs […]

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  • USCIS will Replace the Sticker Issued to Permanent Residents Extending the Validity of their Green Cards

    Starting this January, USCIS will be replacing the sticker issued to lawful permanent residents (“LPRs”) to extend the validity of their Green Card with a revised Form I-797, Notice of Action.  When a LPR’s Green Card expires or is about to expire, they must file a Form I-90, Application to Replace Permanent Resident Card. Previously, […]

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  • Things to Consider when Attending Interviews with USCIS in the wake of COVID-19

    The outbreak of the coronavirus has presented several challenges for applicants seeking to enter U.S. Citizenship and Immigration Services (USCIS) field offices for interviews. For instance, it has become a norm for USCIS to reschedule interviews if any party physically present at an interview states they have traveled outside the U.S. in the last 14 days. […]

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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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