The Compass® Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.
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 […]
The Truth About Green Card Recapture
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 as […]
An Immigration Attorney Represents Both the Employer and the Employee
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 of […]
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
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 the […]
Delays with Immigrant Visas at the US State Department (DOS)
During the pandemic there has been an understandable delay with immigrant visas (permanent residence) but these delays are now stretching well past a reasonable time frame to get back to normal processing and normal processing times. The American Immigration Lawyers Association (AILA) has submitted to DOS an analysis of the problems we are seeing with […]
Air Travel COVID-19 Vaccination Requirements for Non-Citizens
Information from the Center for Disease Control: Pursuant to Presidential Proclamation and an order from the Centers for Disease Control, beginning on November 8, 2021, non-U.S. citizens who are nonimmigrants (i.e., not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the U.S. on an immigrant visa) will be required to show proof […]
Update on COVID-19 Vaccination Requirement for U.S. Entry
Last month, we informed you that the COVID-19 related U.S. travel restrictions would be lifted sometime in November and would be replaced with a requirement of full vaccination before entry to the U.S. and a negative COVID-19 test within 72 hours entry, but the effective date for that change had not been announced. This week, […]