BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
Secretary Mayorkas Designates Afghanistan for Temporary Protected Status
and Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS.
A Recent Trend in Employment-Based Petitions for Executive Employee Intracompany Transfers
United States companies with a parent, subsidiary, or affiliate company, or a branch office, in another country may petition to transfer an Executive or Manager from the company abroad to the company in the United States. To qualify, the employee’s position must meet the definition of “executive capacity†or “managerial capacity†included in the Immigration […]
FY 2023 Cap-Subject H-1B Filing Season
The initial registration period for the FY2023 H-1B cap opened on March 1, 2022, and will run through 12:00 noon (ET) on March 18, 2022. After the registration period closes, and no later than March 31, 2022, USCIS will randomly select registrations from the ones it has received and will electronically notify employers and their attorneys if an employee’s registration has been selected.
Did The National Interest Waiver Just Get Easier?
Last week we provided an article on updates to the adjudication of NIW cases. Today we highlight how this new guidance will help investors who apply for NIW petitions. It is important that investors that employ US workers appear to have an advantage now in these cases. The below paragraphs are from the article “Did […]
Placing a Request to Interfile or Transfer the Preference Category of a Pending I-485 Adjustment of Status Application
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 an […]
USCIS Updates Guidance on National Interest Waivers
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 barriers […]