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Class Action Lawsuit Seeks to Force Timely Issuance of Employment Authorization
Frustrated by the government’s failure to issue employment authorization documents in the time frame mandated by law, a group of plaintiffs have filed a nationwide class action lawsuit against the United States Citizenship and Immigration Services (USCIS) and the U.S....
What to do when you can’t go home: Temporary Protected Status — TPS announcements for Nepal, Liberia, Guinea, Sierra Leone, Syria, and Somalia
Sometimes it is just not possible to return to your home country. In these cases, the Department of Homeland Security (DHS) has the authority to provide Temporary Protective Status (TPS) to individuals who can’t return home because of conflict or disasters. TPS...
State Department Begins Issuing Visas Again After Technology Glitch
After almost two weeks of delays, the U.S. State Department is reporting that the database responsible for handling biometric clearances has been rebuilt and that U.S. Consulates overseas have begun issuing visas again. According to the State Department, 60,000 visas...
Prevailing Wages for the PERM-based Green Card Process
When an employer in the United States seeks to employ a foreign worker on a permanent basis through the PERM labor certification process, federal law requires that the offered wage not be used to undercut US workers. In this context,...
Premium Processing for H-1B Extensions Temporarily on Hold
On May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it would temporarily suspend premium processing, which guarantees processing of a case within 15 days, for H-1B petitions requesting an extension of stay. USCIS plans to resume premium processing...
USCIS Issues Guidance on When a Change in an H-1B Employee’s Job Location Requires Filing an Amendment
Employers of H-1B workers are subject to extremely complex rules to stay in compliance with the law. USCIS recently issued additional guidance that addresses the steps an employer must take to change an H-1B worker’s job location. This guidance follows...
Proving the bona fide nature of your same-sex marriage
It has been almost two years since the U.S. Supreme Court found DOMA unconstitutional in United States v. Windsor, and opened the door for LGBT couples to be eligible for a variety of immigration benefits, including the ability to sponsor...
USCIS issuing “recall” on three-year DACA approvals, to replace with two-year DACA approvals
If the usual approval period for DACA is two years, why did some people get DACA approvals for 3 years? On Thursday, November 20, 2014, President Obama announced the steps his administration would take to fix the U.S. immigration system....
