BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
Placing a Request to Interfile or Transfer the Preference Category of a Pending I-485 Adjustment of Status Application
</p> Referred article from AILA Doc. No. 20022600: Mary is an Outstanding Researcher. Her employer filed an I-140, Immigrant Petition for Alien Worker, in the EB-1 category and it was approved. Mary then filed an I-485, Application to Adjust Status, and all was well until her EB-1 visa category “retrogressed,†leaving her to wait for […]
USCIS Updates Guidance on National Interest Waivers
</p> Referred article from U.S. Citizenship and Immigration Services: U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers†regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. Consistent with this Administration’s goal of removing […]
The Truth About Green Card Recapture
</p> Article written by Adam Cohen from The Hill: A lot of misinformation has arisen in opposition to the Build Back Better legislation, including on the matter of green card recapture, referred to in one opinion piece as a “giveaway to big tech.” Opponents to this provision cite to its support by advocacy organizations such […]
An Immigration Attorney Represents Both the Employer and the Employee
</p> There is a common misconception that an immigration attorney who has been retained to prepare and file an employment-based immigration case only represents the employer. That is not true. The attorney actually represents both the petitioning employer and the employee beneficiary, a concept known as “dual representation.†For example, prior to 1992, the change […]
Major Settlement Changes How USCIS Adjudicates Work Permits for Nonimmigrant Spouses
Shergill, et al. v. Mayorkas class action settlement makes beneficial changes to USCIS’s policy on work authorization rules for spouses of high skilled workers in the United States. H-4 visa holders will qualify for automatic extension of their Employment Authorization Document (EAD) for up to 180 days with a timely filed EAD renewal application. L-2 visa […]
U.S. Entry Restrictions Have Now Been Lifted for Vaccinated Individuals
</p> For the past couple of months, we have been tracking updates on the U.S. government’s plan to lift the travel restrictions that had been placed on entries to the U.S. The day we have been waiting for has finally arrived! Effective today, November 8, 2021, U.S. land borders have reopened for nonessential travel and […]