Major Settlement Changes How USCIS Adjudicates Work Permits for Nonimmigrant Spouses

Washington, DC - The American Immigration Lawyers Association (AILA) and its litigation partners Wasden Banias and Steven Brown, celebrate the historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, which provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for the…

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Practice Alert: Starting October 1, COVID-19 Vaccinations Will be Required for Applicants Applying for Lawful Permanent Residence or Refugee Status

Starting October 1, 2021, U.S. Citizenship and Immigration Services ("USCIS") and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. Specifically, all applicants who receive their medical examination from a Civil Surgeon or Panel Physician on or after October…

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U.S. Consular Update – Tiered Approach to Immigrant Visa Interviews

All U.S. embassies and consulates continue to have a significant backlog of immigrant visas. As a result, they are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.  The following lists the main categories of immigrant visas in priority…

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URGENT UPDATE: Salary-Based H-1B Cap Lottery Rule Postponed Until Next Year’s Lottery

USCIS finally provided its guidance on this year’s process and timelines. The good news is the salary-based ruling has been postponed until December 31, 2021. Meaning it will not affect this year’s lottery and we are back to a full random lottery process.   Key Takeaways: 2021 H-1B Cap Lottery…

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ICE Rescinds its July 6th Restrictive F-1 Student Visa Policy that Would Have Sent thousands of Foreign Students Home

In an online hearing before Federal District Judge Allison D. Burroughs, who was presiding in a lawsuit filed by Harvard University and MIT against the restrictive ICE policy, ICE announced it is withdrawing its memorandum that prohibited F-1 students from entering or remaining in the United States if their U.S.…

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Canada Border Closure Update: Extension Until August 21st, 2020

Canada's border closure is to be extended until August 21st due to the latest surge in COVID cases in some major states in the U.S. The extension will be implemented and the current entry requirements will continue to exist for US Nationals. See the link below for more details: https://www.cbc.ca/news/politics/canada-us-border-closure-extended-august-1.5648879…

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DHS Strikes Down COVID-19 Learning Accommodations For International Students

In the midst of the COVID-19 pandemic, many U.S. universities and colleges are understandably making the switch to fully online courses for the 2020 Fall Semester. Others are opting for a “hybrid” model of course enrollment, which includes both online and in-person classes. While this does not necessarily come as…

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