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USCIS to Implement Premium Processing for Certain Pending EB-1, EB-2 Form I-140 Petitions

In March 2022, USCIS published a final rule expanding its premium processing service to include additional immigration petition and application types. This announcement was welcome news to businesses and foreign nationals dealing with extensive delays in the processing of immigration benefits. On May 24, 2022, USCIS announced that premium processing will begin as of June... Continue Reading
May 25, 2022

Afghanistan Temporary Protected Status Application Instructions To Be Issued

The Temporary Protected Status (TPS) grant for Afghanistan will go into effect on May 20, 2022, with publication of the notice in the Federal Register with instructions on how to apply for TPS and for Employment Authorization. In March 2022, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas announced that Afghanistan was added to the... Continue Reading
May 20, 2022

U.S. Supreme Court Limits Federal Court Review in Deportation Case

Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court has held, 5-4, affirming the opinion of the U.S. Court of Appeals for the Eleventh Circuit. Patel v.... Continue Reading
May 19, 2022

Restart of U.S.-Cuba Migration Talks

The Department of State (DOS) has reinstituted talks with Cuban representatives about how to support family reunification and safe, orderly migration from Cuba to the United States. Talks of this nature were instituted in 1984 and continued biannually from 1994 until 2018 when the talks were paused by the Trump Administration. The Biden Administration is... Continue Reading
May 10, 2022

CDC Issues Further Updates to COVID-19 Guidance for Air Travelers to United States

There are further updates from the CDC for all air travelers. Now, most travelers will have to show  a negative COVID-19 test or documentation of recovery from COVID-19 and contact information to board an airplane for the United States. As before, U.S. citizens, U.S. nationals, U.S. lawful permanent residents, and those entering the United States... Continue Reading
May 6, 2022

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have timely submitted for a replacement... Continue Reading
May 4, 2022

CDC Updates COVID-19 Guidance for Air Travelers to United States

On April 14, 2022, the Centers for Disease Control (CDC) updated its post-arrival recommendations. Almost everyone (unless specifically exempted) who is at least 2 years old must have a negative COVID-19 test (tests include an antigen test or a nucleic acid amplification test) to board an airplane for the United States. Travelers fall into two... Continue Reading
May 3, 2022

I-9 Flexibility Extended to End of October 2022

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions. The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still advised. Indeed, DHS stated, “[E]mployers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility for... Continue Reading
April 27, 2022

‘Uniting for Ukraine’ Program Will Provide Sponsorship Opportunities for Ukrainians

Starting April 25, 2022, the “Uniting for Ukraine” program for Ukrainians seeking to enter the United States will allow Ukrainians who are sponsored by family members or non-governmental agencies to come to the United States and apply for a two-year humanitarian parole. While humanitarian parole does not offer a direct pathway to long-term residence in... Continue Reading
April 22, 2022

Need to Navigate Regulatory Patchwork After Judge Strikes Down Federal COVID-19 Mask Mandate

When a district court judge in Florida lifted the Centers for Disease Control and Prevention (CDC) federal COVID-19 mask mandate on April 19, 2022, the Transportation Safety Administration stopped enforcing it. However, the judge’s ruling left it up to airlines and local transit agencies to decide how to respond. Many airlines immediately lifted the mandate... Continue Reading
April 21, 2022