Employment-Based Immigration

The Department of Homeland Security (DHS) will now withdraw its duration of status rule.  Students have for a long time had the benefit of being admitted for the duration of status.  In other words, unlike other nonimmigrants, they are not admitted for a specific length of time.  This flexibility has allowed them to extend their...

Last October saw thousands of people applying for downgrades due to the forward movement in the Employment-based EB-3 priority dates. By filing a downgrade, applicants were able to concurrently file an I-485, Application to adjust status and also apply for employment authorization and travel document. One client, working as a Physical Therapist had asked us...

Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://patel-law-group.local/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://patel-law-group.local/day-1-cpt-revisited/ Please note that the first article was written during...

On June 9, 2021, USCIS announced some important policy changes as well as their intention to start issuing 2-year EADs (Employment Authorization Document) for certain adjustment of status applicants. 2- year EADs Certain adjustment of status applicants will now receive a 2-year EAD, instead of just a 1-year card.  Although adjustment of status applicants are...

USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years.  The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be...

More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been...

Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has...

On April 12, 2021 USCIS announced that F-1 students can file OPT and STEM OPT applications online using form I-765. This applies to the following applications: Pre-completion OPT; Post completion OPT; and 24- month extension of OPT known as STEM OPT. USCIS has also warned that anyone else that attempts to file I-765 online that...