The Compass Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.
“Dual Representation” in U.S. Employment-Based Immigration Law
An immigration attorney who files employment-based immigration cases represents both the petitioning employer and the employee beneficiary. This concept is known as “dual representation.†This dual representation implicates two fundamental principles in the attorney-client privilege: Loyalty: Attorneys have a duty of loyalty to their clients, and when an attorney represents multiple clients in the same […]
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 […]
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.
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.
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 […]
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 […]