Immigration

Read about DHS’s new version of Form I-9 as part of its Final Rule regarding Form I-9 document examination and the optional procedure for conducting remote document review.

Read about USCIS’s upcoming H-1B cap lottery to select additional H-1B registrations from the eligible registrations submitted in March.

Read about DHS’s Final Rule regarding Form I-9 completion, which provides flexibility in allowing remote document review and verification for certain qualified employers that are enrolled in, and in good standing with, the DHS E-Verify system.

Read about USCIS guidance on the upcoming July 31 end to the Form I-9 COVID-19 flexibility policy, which allowed employers whose workforce is working remotely to defer the physical presence requirements associated with certain employment verification.

U.S. Lawful Permanent Residents (LPRs) are eligible to apply for U.S. citizenship (also called “naturalization”) after a period of either three or five years of permanent residence, if certain conditions are met.

Read about the upcoming July 31 end to the Form I-9 COVID-19 flexibility policy, which allowed employers whose workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act.

Mintz’s immigration memos provide information on various types of visas, USCIS forms and requirements, travel bans and requirements, and rules for obtaining an expedited U.S. passport.

Read about how the influx of patent applications at the U.S. Department of State is causing delays in all passport processing and how applicants can track the status of a passport application.

Read about a recent USCIS policy change, which will soon allow an applicant or beneficiary to elect “Male” (M), “Female” (F), or (“X”), which indicates another or an unspecified gender identity, on most forms without the need to provide supporting documentation or to match the gender listed on the individual’s existing identity documents.

On April 3, USCIS began accepting premium processing requests for F-1 students who have a previously filed and pending Form I-765 employment authorization document (EAD) application in one of several optional practical training (OPT) categories.

Read about the USCIS Lottery selection process for H-1B registrations and the statuses categories USCIS assigns to H-1B registrations.

A number of attorneys and employers have reported issues in accessing the USCIS online H-1B cap registration system at https://my.uscis.gov/.  Most recently, a number of company representatives have been unable to access their cases, as the system is not accepting the employer’s unique passcode review and verify H-1B registrations.  The American Immigration Lawyers Association (AILA) has received a number of reports that H-1B Registrant, Attorney and Employer accounts are not functioning past the login section.

Read about the H-1B quota selection process for the upcoming fiscal year, which is for H-1B registrations and petitions filed to USCIS in the spring of 2023 with a start date of October 1, 2023, or later.

Read about the USCIS’s new bundling of adjudications of H-4 & L-2 spousal extensions, and EAD applications with H-1B & L-1 principals.

Read about the upcoming phase of USCIS’s premium processing expansion, effective on January 30, for EB-1C multinational executive and manager I-140 petitions and EB-2 National Interest Waiver (NIW) I-140 petitions.

In August 2022, the U.S. State Department introduced a pilot program to allow eligible applicants to renew U.S. passports online. Over 25,000 applications were submitted within the first two weeks of the online system. Given its success, the State Department opened two additional rounds of online applications in September and November 2022. Although an exact date has not been announced, the State Department has stated that it intends to implement a permanent launch in the first quarter of 2023.

In anticipation of this new system, the State Department has established the eligibility criteria and process for renewing a U.S. passport online.

Under a recent USCIS rule change, lawful permanent residents who have filed a Form N-400 Naturalization Application with USCIS on or after December 12, 2022, will receive a 24-month automatic Green Card extension.

The U.S. State Department recently updated its visa reciprocity schedule for citizens of Mexico, and now provides two visa validity period options for TN visa applicants. Mexican citizens may request a 48-month TN visa validity period by paying a visa reciprocity fee of $382. Alternatively, they can request a 12-month TN visa validity period by paying a reciprocity fee of $104. This option also applies to TD visa applicants (the dependents of TN visa holders). The visa reciprocity fees are in addition to the $160 visa application fee (MRV fee). The visa reciprocity fee is only charged if the visa is approved. Below is a summary of the effect of the new four-year visa option. 

State and city pay transparency laws requiring certain employers to publish “pay scales” in job advertisements also impact employers that sponsor foreign national employees for permanent resident (“green card”) status through the Department of Labor’s PERM process.