The Compass® Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.

USCIS Updates Policy to the Benefit of People with TPS
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 return, […]

Be Careful Using EB-1 and EB-2 NIW Cases for a Fast Work Permit
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 want […]

The Supreme Court “Stays” the Prosecutorial Discretion of the Immigration Service
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 is […]

The Employment Authorization Automatic Extension Period for Certain Individuals Has Increased
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 listed […]

United for Ukraine
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.

Why Can’t We Get an H-1 Visa for Our Soccer Coach?
The fundamental requirement of an H-1 is the position offered must require at least a Bachelor’s degree or higher, or their equivalent. Note that the equivalent means experience which equals a bachelor’s degree from a university that gives people college credits for work experience.

USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders
CIS Has Announced Significant Improvements to Try and Reduce Their Backlogs of Cases as well as Broadening the Types of Cases which Can Use Premium Processing to Shorten Adjudication Times This Will All Help to Make Cases Go Faster and Hopefully Make Life Better for Everyone Involved in the Immigration Process.

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 […]