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Articles Posted in Immigration Law

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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DHS and DOJ Issue Rule to Efficiently and Fairly Process Asylum Claims
Thomas M. Lee

On March 24, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) are issuing a rule to improve and expedite processing of asylum claims made by noncitizens subject to expedited removal, ensuring that those who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. The…

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Ice Issues Guidance on Protections for Noncitizen Victims of Crime
Thomas M. Lee

In accordance to 8 U.S.C. § 1367 (“Section 1367“) where treatment of information received from prohibited sources and required certifications when certain enforcement actions are taken at specified locations, ICE issued Directive 10036.2: implementation of Section 1367 Protections for Noncitizen Victims of Crime. The purpose is to protect the identification and disclosure of information. It…

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USCIS Is Preparing to Resume Public Services on June 4, 2022
Thomas M. Lee

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4, 2022. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the…

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Immigration Help Available to Those Affected by Special Situations, Including the Invasion of Ukraine
Thomas M. Lee

U.S. Citizenship and Immigration Services reminds the public that USCIS offers immigration services that may help people affected by extreme situations, including the invasion of Ukraine. The following measures may be available on a case-by-case basis upon request: Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States.…

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USCIS to Offer Deferred Action for Special Immigrant Juveniles
Thomas M. Lee

On March 7, 2022, U.S. Citizenship and Immigration Services announced that it is updating the USCIS Policy Manual to consider deferred action and related employment authorization for noncitizens who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for Special Immigrant Juvenile (SIJ) classification but who cannot apply to adjust status to…

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