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Otieno B. OmbokBlog Posts

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U.S. Supreme Court Hears Argument on Status Adjustment for Temporary Protected Status Recipients

The U.S. Supreme Court has heard oral argument on whether individuals who initially entered the United States without permission and subsequently were granted Temporary Protected Status (TPS) are eligible to adjust to lawful-permanent-resident status without leaving the United States. Sanchez v. Mayorkas, No. 20-315. If the individuals must leave the United States, they can become... Continue Reading
April 20, 2021

ICE Announces Extension for Temporary Flexibility for I-9 Compliance to May 31

ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement. With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will be exempt from the I-9... Continue Reading
March 31, 2021

ICE Announces Extension for Temporary Flexibility for I-9 Compliance to May 31

ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement. With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will be exempt from the I-9... Continue Reading…
March 31, 2021

USCIS: Premium Processing Available for E-3 Visa Change, Extension on Behalf of Australian Nationals

In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting a change or extension of status to E-3. The E-3 visa for Australian professionals became law in 2005. Currently a maximum of... Continue Reading
February 25, 2021

Immigration Reform Bill

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for... Continue Reading
February 22, 2021

USCIS Announces Opening of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its timetable – 1) it intends to notify registrants and representatives regarding selection by March 31, 2021,... Continue Reading
February 8, 2021

Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies. The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” is... Continue Reading
February 3, 2021

Temporary Flexibility for I-9 Compliance Extended Again

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021. This means that: Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email). The flexibility applies only to employers with... Continue Reading…
January 29, 2021

Temporary Flexibility for I-9 Compliance Extended Again

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021. This means that: Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email). The flexibility applies only to employers with... Continue Reading
January 29, 2021

USCIS Withdraws Proposed Filing Fee Increases

The USCIS filing fee increases that were proposed last summer will not be implemented. In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS filing fees by a weighted average of 20%. Some popular business-related petitions were slated for larger increases, from 51%... Continue Reading
January 7, 2021

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