BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
New L-1 Rules Announced in the USCIS Policy Manual
</p> We have received new rules for the L-1 intracompany transferee. The highlights are listed below. Hopefully, these rules will force USCIS to follow the Immigration and Nationality Act, which they have not been doing lately. General Qualifications of the Employer and Employee To qualify for L-1 classification in this category, the employer must: · Have a […]
USCIS Updates Policy to the Benefit of People with TPS
</p> Last month, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert noting that it is updating its Policy Manual to address a longstanding issue for individuals in the U.S. with Temporary Protected Status (TPS). The issue is whether a TPS beneficiary who leaves the U.S., after receiving prior authorization to travel and […]
Be Careful Using EB-1 and EB-2 NIW Cases for a Fast Work Permit
</p> Despite the truly awful information swirling around the internet, the process to obtain an employment-based green card is fraught with danger that may leave the beneficiary in a worse position than before the case started. Here is the normal fact situation that we see in real-life: For a variety of reasons, we may not […]
The Supreme Court “Stays” the Prosecutorial Discretion of the Immigration Service
</p> Believe it or not, the Immigration Customs and Enforcement agency (ICE) will occasionally consider using its discretion to help a person or family in very rare situations. One of the best examples of this, and one we have used dozens of times since 1978, involves a family (it is almost always a family) which […]
The Employment Authorization Automatic Extension Period for Certain Individuals Has Increased
</p> Certain individuals who apply for an extension of their previously-approved Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS) are eligible for an automatic extension of their employment authorization after the expiration of their current EAD. Previously, that automatic extension period was limited to 180 days after the expiration date […]
United for Ukraine
</p> President Biden Announces United for Ukraine program, Expanding Opportunities for Ukrainian Citizens to Come to the United States. Provided by: Alexander Farquhar David Swaim Tidwell, Swaim & Farquhar, P.C.