BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
Practice Advisory: Immigrant Visa (Green Card) Processing Delays
Provided by the American Immigration Lawyers Association David SwaimManaging PartnerTidwell, Swaim & Farquhar, P.C.Dallas, Texas
The Supreme Court says that a grant of Temporary Protected Status (TPS) is not an admission to the United States
This week, the United States Supreme Court issued an unanimous 9-0 decision in Sanchez v. Mayorkas, No. 20-315 (U.S. 2021) holding that a grant of Temporary Protected Status (TPS) does not count as an “admission†into the United States for the purposes of qualifying to become a Lawful Permanent Resident (LPR). This decision effectively closes […]
DOS Provides Information on National Interest Exceptions for Regional COVID Proclamations
AILA Doc. No. 20071733 | Dated May 27, 2021 DOS announced that the Secretary of State made a national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamations (PPs) 9984, 9992, 10143, 10199, and similar subsequent PPs related to the spread of COVID-19. As a result of this determination, together with national […]
Secretary Mayorkas Designates Haiti for Temporary Protected Status for 18 Months
AILA Doc. No. 21052430 | Dated May 22, 2021 DHS Secretary Mayorkas announced a new 18-month designation of Haiti for TPS, enabling Haitian nationals and individuals without nationality who last resided in Haiti currently residing in the U.S. as of 5/21/21 to file initial applications for TPS as long as they meet eligibility requirements. WASHINGTON […]
DHS’s Restrictive H-1B Rule Has Finally Been Stricken from the Federal Regulations
In November, we wrote about a new rule promulgated by the Department of Homeland Security (DHS) which would have drastically changed the H-1B nonimmigrant visa category by making the definition of “specialty occupation†considerably more restrictive and by making it much more difficult to employ an H-1B worker to physically work at a third party’s […]
Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
AILA Doc. No. 21050437 | Dated May 4, 2021 On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 […]