The Compass® Immigration News to help Employers, Families and Individuals navigate the legal system to successfully achieve their immigration goals.
A Recent Trend in Employment-Based Petitions for Executive Employee Intracompany Transfers
United States companies with a parent, subsidiary, or affiliate company, or a branch office, in another country may petition to transfer an Executive or Manager from the company abroad to the company in the United States. To qualify, the employee’s position must meet the definition of “executive capacity” or “managerial capacity” included in the Immigration […]
FY 2023 Cap-Subject H-1B Filing Season
The initial registration period for the FY2023 H-1B cap opened on March 1, 2022, and will run through 12:00 noon (ET) on March 18, 2022. After the registration period closes, and no later than March 31, 2022, USCIS will randomly select registrations from the ones it has received and will electronically notify employers and their attorneys if an employee’s registration has been selected.
Did The National Interest Waiver Just Get Easier?
Last week we provided an article on updates to the adjudication of NIW cases. Today we highlight how this new guidance will help investors who apply for NIW petitions. It is important that investors that employ US workers appear to have an advantage now in these cases. The below paragraphs are from the article “Did […]
Placing a Request to Interfile or Transfer the Preference Category of a Pending I-485 Adjustment of Status Application
Referred article from AILA Doc. No. 20022600: Mary is an Outstanding Researcher. Her employer filed an I-140, Immigrant Petition for Alien Worker, in the EB-1 category and it was approved. Mary then filed an I-485, Application to Adjust Status, and all was well until her EB-1 visa category “retrogressed,” leaving her to wait for an […]
USCIS Updates Guidance on National Interest Waivers
Referred article from U.S. Citizenship and Immigration Services: U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. Consistent with this Administration’s goal of removing barriers […]
The Truth About Green Card Recapture
Article written by Adam Cohen from The Hill: A lot of misinformation has arisen in opposition to the Build Back Better legislation, including on the matter of green card recapture, referred to in one opinion piece as a “giveaway to big tech.” Opponents to this provision cite to its support by advocacy organizations such as […]
An Immigration Attorney Represents Both the Employer and the Employee
There is a common misconception that an immigration attorney who has been retained to prepare and file an employment-based immigration case only represents the employer. That is not true. The attorney actually represents both the petitioning employer and the employee beneficiary, a concept known as “dual representation.” For example, prior to 1992, the change of […]
Major Settlement Changes How USCIS Adjudicates Work Permits for Nonimmigrant Spouses
Shergill, et al. v. Mayorkas class action settlement makes beneficial changes to USCIS’s policy on work authorization rules for spouses of high skilled workers in the United States. H-4 visa holders will qualify for automatic extension of their Employment Authorization Document (EAD) for up to 180 days with a timely filed EAD renewal application. L-2 visa […]
U.S. Entry Restrictions Have Now Been Lifted for Vaccinated Individuals
For the past couple of months, we have been tracking updates on the U.S. government’s plan to lift the travel restrictions that had been placed on entries to the U.S. The day we have been waiting for has finally arrived! Effective today, November 8, 2021, U.S. land borders have reopened for nonessential travel and the […]