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USCIS Reaches Fiscal Year 2023 H-1B Cap

USCIS announced this week that it has received a sufficient number of petitions needed to reach the congressionally mandated 85,000 total cap for fiscal year (FY) 2023. USCIS has also indicated it has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, should now show: Not selected – not eligible to file an H-1B cap petition based on this registration. Any employer wishing to sponsor an employee who was not selected in this year’s single selection will need to register that employee again when USCIS...

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USCIS Announces Second Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

USCIS announced late last week that it will begin implementing its second phase of premium processing for certain petitioners who have pending Form I-140, Immigrant Petition for Alien Workers, filed under the E13 multinational executive and manager classification (EB1C) or the E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).  Beginning August 1, 2022, USCIS will accept premium processing requests for:  EB1C multinational executive and manager petitions received on or before July 1, 2021; and NIW petitions received on or before Aug. 1, 2021.  ...

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USCIS Announces First Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

USCIS announced today that it will begin implementing premium processing for certain petitioners who have pending Form I-140, Immigrant Petition for Alien Workers, filed under the E13 multinational executive and manager classification (EB1C) or the E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).  The expansion will occur in phases:  EB1C Upgrade Schedule  Start Date  Corresponding Filing/Priority Dates  June 1, 2022  On or before Jan. 1, 2021  July 1, 2022  On or before March 1, 2021  NIW Upgrade Schedule  Start Date  Corresponding Filing/Priority Dates  June 1, 2022  On or before Jan. 1, 2021  As specified by Congress, this final rule allows USCIS 45 days...

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USCIS Announces Temporary Automatic Extension for Eligible EAD Categories

USCIS announced today that effective May 4, 2022, it is temporarily amending existing regulations to increase the automatic extension period when renewing Employment Authorization Documents (EADs) from up to 180 days to up to 540 days. This only applies to those EAD categories currently eligible EAD categories currently eligible for the previous up to 180-day automatic extension of employment authorization.  With this temporary rule, USCIS will provide up to 360 additional days (for a total of up to 540 days) of automatic extension time to eligible applicants with a pending EAD renewal application. This increase will be available to eligible renewal...

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TN Processing Changes in Mexico

The U.S. Embassy and Consulates in Mexico have resumed limited processing of nonimmigrant visas. It is important to note that TN appointments are now only available in Mexico City, Ciudad Juarez, and Guadalajara. Previously scheduled TN appointments in Tijuana will be honored, but expedited appointments cannot be accommodated, and new TN appointments cannot be made. For the most up-to-date information on which types of visas can be processed at which locations in Mexico, please visit the website for the U.S. Embassy and Consulates in Mexico.  ...

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USCIS Updates Policy Guidance on Certain First-Preference Immigrants

In a Policy Alert issued today, USCIS updates its guidance relating to two evidentiary criteria pertaining to extraordinary ability and outstanding researcher/professor petitions to more closely align with recently issued nonimmigrant guidance for the O-1 visa. First, the policy clarifies that “published material” about the candidate (or the candidate’s work in the case of an outstanding researcher or professor) in professional or major trade publications or other media is no longer limited to printed articles. Rather, a petitioner may submit other forms of evidence, including a transcript of audio or video coverage. Second, the guidance confirms that, in the extraordinary ability...

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USCIS Issues Policy Guidance to Address Work Authorization Documentation for L and E Dependent Spouses

In a Policy Alert published on March 18, 2022, USCIS confirmed that following its November 2021 announcement that E and L dependent spouses are now work authorized incident to valid status, USCIS will begin making system modifications to reflect new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of January 30, 2022, Customs and Border Protection (CBP) began issuing Form I-94 with the following codes for E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 that reflects one of these new COA codes for E and L spouses is...

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Validity Periods of Certain EADs Updated to 2-Years

GIP Employer Alert: Validity Periods of Certain EADs Updated to 2-Years  Effective today, USCIS announced in a Policy Alert that it is updating the maximum validity period of EADs granted to certain applicants in the following categories:  Admitted as a refugee (a)(3);   Granted asylum (a)(5);   Granted withholding of deportation or removal (a)(10); and   VAWA self-petitioner (c)(31).   Individuals in the aforementioned categories will now receive initial and renewal EADs granted for a 2-year period (as distinguished from the previous 1-year validity period).   Additionally, USCIS confirmed that it will grant new and renewal EADs up to the end of the parole or deferred action period...

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E and L Dependent – New Class of Admission Code

GIP Employer Alert – E and L Derivative Status Admission Codes Updates   This past November, as part of an earlier settlement agreement, the USCIS agreed to make work authorization incidental to L or E dependent status. As such, these dependent spouse categories are no longer required to apply for employment authorization separately. It has just been confirmed that as of January 31st, 2022, CBP will issue I-94s to L and E spouses upon entry into the US that will reflect updated Class of Admission (COA) codes. For I-9 purposes, I-94s with the new COA code can be used in lieu of the...

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