The Compass® Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.
Layoff of US Workers in the Perm Context
The American Immigration Lawyers Association (AILA) has announced some new rules from the US Department of Labor regarding how to handle employee layoffs in the context of a labor certification case. These rules are relatively simple and align with the same rules we have used in the past in this situation. Employers should nonetheless be […]
USCIS Updates OPT Information
The United States Citizenship and Immigration Service (UCIS) has issued some very helpful tips for applying for post-graduation Optional Practical Training (OPT). The goal of this information is to avoid delays with the issuance of the Employment Authorization Document (EAD). F-1 students cannot work with OPT after graduation unless they physically have the EAD. It […]
Update on I-9 Electronic Documents
The American Immigration Lawyers’ Association has issued one of its frequent updates on which documents are acceptable for I-9 compliance. This article addresses recent issues with Employer Compliance and will be of interest to employers that use an electronic system as opposed to a hard copy system. AILA Doc. No. 23042000 | Dated April 20, […]
Do Undocumented Foreign Nationals Really Pay Taxes in the US?
The article linked below is from CNN and addresses the federal income taxes paid by millions of undocumented workers, and the unclaimed FICA funds paid by employers. These are complicated issues and deserve thoughtful consideration rather than just knee-jerk reactions. For example, in Texas, public schools are funded almost entirely by personal real estate property […]
Attention Family and Adoption Law Attorneys!
One of the most perplexing new areas of US immigration law, which for many years was very well-settled, is the requirements of the “Hague Protocols” (HPs) for most US adoptions or adoptions in foreign countries for children that will enter the US as children of permanent resident and US citizen parents. In addition to being […]
April 2023 Visa Bulletin – Retrogression in Many Categories
The U.S. Department of State has released its Visa Bulletin for April 2023. This Visa Bulletin includes changes in many categories, especially employment-based categories. In addition, the U.S. Citizenship and Immigration Services (USCIS) has announced that an applicant for employment-based adjustment of status must use the Visa Bulletin’s Final Action Dates chart to determine whether […]
USCIS Ended its 60-Day Response Deadline Extension Flexibility
In response to the COVID-19 pandemic, on March 1, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced a policy which provided flexibility for responding to requests for evidence, denials, and other requests. For any Request for Evidence (RFE) or any Notice of Intent to Deny, Revoke, Rescind, or Terminate issued by USCIS on or […]
USCIS Announces Premium Processing for Certain F-1 Students
In what will be a major relief to F-1 graduates (mostly) and their employers, USCIS has announced Premium Processing, with the required $2,500 fee, is available for OPT (pre and post-completion) as well as the STEM extension. There are some confusing “start” dates which must be followed carefully. For cases (listed above) that are pending […]
H-1 Lottery Registration is Here Again!
In order to register for the H-1 lottery this year, USCIS has issued instructions for you to follow. Below, please note the employer must already have or can immediately set up an account with USCIS. That process is found on the USCIS website, or more importantly, your H-1 attorney can do that for you. Good […]