The Compass® Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.
Practice Alert: USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
AILA Doc. No. 21050437 | Dated May 4, 2021 On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 […]
Prevailing Wage Form is Updated by the Department of Labor and Must be Used as of May 3, 2021
The DOL Office of Foreign Labor Certification (OFLC) has revised Form ETA-9141, Application for Prevailing Wage Determination, and its corresponding appendix and instructions. Beginning Monday, May 3, 2021, the new form must be used for all prevailing wage applications. On May 3, all initiated cases must be submitted by 5:59 am (ET), when system maintenance will […]
What to Do When the Employer Undergoes Corporate Changes Prior to Filing PERM
The American Immigration Lawyers’ Association has issued a commentary on the issue of changing ownership of companies and that impact on the labor certification/PERM process. The Department of Labor’s approach is very similar to that of USCIS when adjudicating I-140 petitions: if the new company is a “successor in interest” to the original company, the […]
Online Filing Now Available For F-1 Students Applying for OPT Employment Authorization
Slowly, the U.S. Citizenship and Immigration Services (USCIS) is moving into the current century and allowing more and more applications for immigration benefits to be filed online. Currently, there are eleven forms that USCIS has made available for online filing, with certain limitations. Most recently, USCIS has announced that students in F-1 status who would […]
The End of Trump’s Travel Bans
AILA Doc. No. 21033134 | Dated March 31, 2021 Sunsetting of Proclamation 10052 AILA has learned that on March 31, 2021, Presidential Proclamation 10052 (PP 10052) which suspended entry of certain nonimmigrants is expected to sunset. The proclamation was extended most recently to March 31, 2021 by former President Trump in Presidential Proclamation 10131 (PP 10131) issued on December […]
Extensions of Immigration-Related Responses to COVID-19
As COVID-19 vaccines are continuing to roll out, the effects of the global pandemic are still being felt. This fact has been acknowledged by the U.S. immigration agencies, who have taken various steps in response to the pandemic including additional safety precautions at physical facilities and offices both inside the U.S. and abroad. Recently, two […]
USCIS May Reopen Denied H-1B Petitions
USCIS just released the following information regarding H1s that were previously denied: U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more […]
The 2019 Public Charge Rule is Gone!
For the past year and a half, applicants for permanent residence (green card) in the United States—and, to a lesser extent, applicants for nonimmigrant status—have been required to comply with a new “public charge rule” implemented by the administration of President Donald Trump in 2019. That public charge rule made it more difficult for such […]
Non-immigrants Investing in Closely-Held Businesses
One of the recent ideas that interests a lot of people, especially F-1 international students and H-1 professional workers, is the prospect of starting a new business (a “start-up”), usually with partners who are US citizens. We are seeing a huge spike in the number of start-ups, mostly in the world of IT. A US […]