Articles Posted in Immigration Law

How to Sponsor Yourself for Permanent Residence Without an Employer Sponsor under the EB-1A Extraordinary Ability Category
Thomas M. Lee

The EB-1A employment-based category is reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. Under INA §203(b)(1)(A), qualified applicants may skip obtaining a labor certification or evidence of an offer of employment. In other words, just like the EB-2 National Interest Waiver, an employer sponsor is not required. In many…

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Employment Based Immigration and PERM Explained
Thomas M. Lee

Introduction Foreign nationals who are skilled or educated—and who have job offers—have the possibility of immigrating to the United States. The process involves three steps: PERM: the employer must first obtain a “labor certification” from the U.S. Department of Labor (DOL). This process is done online through the internet. Employers must sign-up for a PERM…

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USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants
Thomas M. Lee

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for…

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USCIS Announces Online Filing for DACA Renewal Forms
Thomas M. Lee

On April 12, 2022, U.S. Citizenship and Immigration Services announced that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online. “The expansion of online filing is a priority for USCIS as we make our operations more efficient and…

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DHS and DOL to Supplement the H-2B Cap With Additional Visas for Second Half of Fiscal Year 2022
Thomas M. Lee

On March 31, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2022. These visas will be set aside for U.S. employers…

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USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders
Thomas M. Lee

On March 29, 2022, U.S. Citizenship and Immigration Services announced a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19…

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