Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.
Read moreDHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants
On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.
Read moreUSCIS Reaches Fiscal Year 2025 H-1B CAP
United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.”
Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.
USCIS Starts Online PDF Filing for I-765 Application for Employment Authorization
Consistent with the Biden Administration’s Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government by improving the customer experience, on October 8, 2024, United States Citizenship and Immigration Services (“USCIS”) introduced an electronic PDF filing option for certain I-765 Employment Authorization Document (“EAD”) applicants via their personal USCIS online accounts. Eligible applicants may file Requests for Fee Waiver, Form I-912 in PDF format as well, which marks the first time fee waiver requests can be filed online.
Read moreDiversity Visa Lottery for Fiscal Year 2026 (DV-2026)
It’s that time of year again! The Diversity Visa Lottery for fiscal year 2026 (“DV-2026”) is live and has begun accepting registrations effective Wednesday, October 2, 2024, at 12:00 noon (EDT). The registration period for the DV Lottery, as it’s commonly referred to, concludes on Tuesday, November 5, 2024 at 12:00 noon (EST). Entries are only accepted electronically--paper entries through the US Postal Service will not be accepted. Keep in mind that the “law allows only one entry per person during each registration period.” Submitting multiple applications will result in disqualification, not better odds, and, yes, “the Department of State uses sophisticated technology to detect multiple entries.” It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website.
Read moreUSCIS California Service Center is Moving to a New Address
U.S. Citizenship and Immigration Services (“USCIS”) announced that the California Service Center will be moving to a new address, beginning Monday, August 12, 2024. The new address is 2642 Michelle Drive, Tustin, CA 92780.
USCIS Will Conduct Second Random H-1B Selection
United States Citizenship and Immigration Services (“USCIS”) reported on July 30, 2024, that they will be conducting a second random selection from previously submitted Fiscal Year 2025 (“FY2025”) H-1B Cap registrations. A specific date for the selection was not announced, the Service noting that it would be “soon”.
Read moreState Department Easing the Issuance of Waivers for Nonimmigrant Visas for US College Graduates
On July 15, 2024, the U.S. Department of State (“DOS”) announced updates to more efficiently process employment-based nonimmigrant waivers for certain foreign nationals. In an effort to ease the process of obtaining a waiver of a ground of inadmissibility for foreign nationals who have graduated from colleges and universities in the US, have a job offer, and are applying for employment-based nonimmigrant visas, DOS streamlined its guidance in the Foreign Affairs Manual (“FAM”).
Read moreParole in Place to Promote the Unity & Stability of Families Set to Begin August 19, 2024
On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024. Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”
Read moreBiden Unveils Relief Program for Undocumented Spouses and Children of US Citizens and Dreamers
On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.
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