The Department of Homeland Security (DHS) recently published a final rule in the Federal Register aimed at modernizing the H-1B and H-2 work visa programs.
In this video, attorney Jacob Sapochnick shares the ways in which the final rule will impact H-1B workers, H2 workers, and their employers. In general, these changes will make it easier for H-1B workers to obtain visa renewals in the new year and will prevent workplace interruptions for F-1 international students seeking to change their status to H-1B.
The final rule impacting H-2 temporary workers will allow U.S. companies to hire seasonal workers more quickly and more efficiently than ever before.
H-1B Final Rule Highlights
Modernizes the definition and criteria for H-1B specialty occupations
Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions
Clarifies that employers must have a legal presence in the United States
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of January.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss this blog post covering the release of the November 2024 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of November.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of November.
In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.
To learn more, please keep on watching this video.
What is Keeping Families Together?
The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.
Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.
Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.
In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.
Federal Judge Temporarily Halts Parole in Place Program
In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.
In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.
Overview
On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.
The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.
What is parole in place?
Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”
If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.
Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.
It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.
What are the eligibility requirements for parole in place?
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
Please read the frequently asked questions on the USCIS webpage here.
In this video, we share some big news recently announced by the Biden administration.
The President has issued a new executive action on immigration that will soon allow undocumented spouses of U.S. Citizens to apply for permanent residence without having to depart the United States, if they have resided in the United States for at least ten years as of June 17, 2024.
Who does this apply to?
This order applies to undocumented spouses of U.S. Citizens who entered the country without inspection and have continuously resided in the United States since their entry.
Later this summer, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will implement Biden’s new program called “parole in place” which will allow such undocumented spouses to apply for their green cards.
Those who are approved for “parole in place” will be given a three-year period to apply for permanent residency. During this period, spouses can remain with their families in the United States and be eligible for work authorization.
Did you know that you can apply for a green card without a job offer or even sponsorship from a U.S. employer?
In this video attorney Jacob Sapochnick tells you all you need to know about the EB-2 National Interest Waiver, an employment-based green card option for professionals who are working in an area of national importance to the United States government.
This video focuses specifically on how engineering professionals can qualify for the National Interest Waiver, which is one of the most popular ways to obtain permanent residence in the U.S.
For more information, please keep on watching.
Overview
If you are an engineer that has earned an advanced degree (baccalaureate or higher) or have exceptional ability in your field of engineering, then you may be eligible to self-petition for a green card by applying for the EB-2 National Interest Waiver.
Unlike the EB-3 employment-based green card which requires employment sponsorship, the EB-2 National interest Waiver allows an individual to self-petition for their green card.
This provides applicants with the freedom and flexibility to apply for permanent residence on their own without having to undergo the lengthy labor certification process with a U.S. employer.
Welcome back to ImmigrationLawyerBlog! In this video, attorney Jacob Sapochnick discusses a new rule from U.S. Citizenship and Immigration Services (USCIS) that will provide relief to nearly 800,000 applicants seeking a renewal of their employment authorization document also known as a work permit by automatically extending certain EADs from 6 months to 18 months.
Overview
On April 4, 2020, USCIS announced a temporary final rule (TFR) that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days (6 months) to up to 540 days (or 18 months) from the printed expiration date of a previously issued EAD.
Effective April 8, 2024, this temporary final rule will apply to two categories of EAD applicants:
(1) applicants who timely and properly filed their Form I-765 applications on or after October 27, 2023, if the application is still pending on April 8, 2024; and
(2) applicants who timely and properly file their Form I-765 applicationon or after April 8, 2024and on or before September 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).
Applicants must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A12, A17*, A18*, C08, C09, C10, C16, C19, C20, C22, C24, C26*, and C31. These eligibility categories are published on the USCIS Automatic EAD Extension webpage.
If you are going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. Attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of March 2024.
Overview
As the spring and summer months are approaching, U.S. Embassies and Consulates worldwide are accelerating the processing of immigrant visas to reduce the visa backlogs.
As we have seen, the Department of State has advanced the Final Action Dates for most employment-based categories in the April Visa Bulletin. Additionally, significant advancements were also made in the March Visa Bulletin for the family-sponsored categories.
These advancements will keep the Department of State busy in the coming months, as more and more immigrant visa cases that are documentarily complete are scheduled for interviews at U.S. Embassies and Consulates worldwide for those with current priority dates.
As our readers will know, during the height of the Coronavirus outbreak, there was an enormous demand for visa interviews, but not enough interview slots for applicants to be scheduled. But now things are improving.
As a reminder, please remember to tune into our monthly videos where we analyze the Visa Bulletin, explaining the availability of visas for family-sponsored and employment-based preference categories, numerical limitations, and how to know when your priority date is current during any given month.
In this video, attorney Jacob Sapochnick analyzes the April 2024 Visa Bulletin and discusses the significant movement in the employment based categories and modest movement in the family-sponsored preference categories for the month of April. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.
If you would like to know more about this topic, we invite you to watch our video.
Adjustment of Status Filing Chart April 2024
For the month of April 2024, the U.S. Citizenship and Immigration Services (USCIS) will use theDates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).
For employment-based preference categories, USCIS will use the Final Action Dateschart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).
Immigration Lawyer Blog
