USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

Written by David S. Rugendorf Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status.  These notices, along with an unexpired I-94, will … Continue reading USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

Written by David S. Rugendorf Following on the November 11, 2021 announcement of a settlement agreement on the subject (see our MSK Immigration Alert, “USCIS Agrees To Relief For L-2 And H-4 Spousal Work Authorization (EAD) Applicants” (November 11, 2021)), the USCIS today issued guidance on its new policy, titled “Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses” (USCIS Office of the … Continue reading USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

Written by David S. Rugendorf On November 10, 2021, the Department of Homeland Security (DHS), which the US Citizenship and Immigration Services (USCIS) is a part of, signed a settlement agreement in the case of Shergill et al. v. Mayorkas, where it agreed to provide relief to L-2 and H-4 spousal work authorization (EAD) applicants.  For H-4s, the spouses of H-1B workers eligible for work … Continue reading USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

USCIS Announces New Fees: What Employers Need to Know

Written by Benjamin Lau The United States Citizenship and Immigration Services (USCIS) recently announced that it is implementing a new filing fee schedule that will take effect on October 2, 2020. USCIS is also revising numerous key employment-based immigration forms, such as new editions of the Form I-129 nonimmigrant worker petition for H-1B, L-1, O-1 and other nonimmigrant categories. The new forms are not currently … Continue reading USCIS Announces New Fees: What Employers Need to Know

USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

Written by David S. Rugendorf Faced with logistical difficulties in producing work authorization documents (EAD cards), a growing backlog of applications and related litigation, the USCIS announced yesterday (August 19, 2020) that it would, in limited circumstances, allow paper I-797 approval notices to suffice as evidence of employment authorization, even though these notices explicitly state that they are not valid as evidence of same. US … Continue reading USCIS: Approval Notices May (Temporarily) Evidence Authorization to Work in US

MSK Minute: Stephen Blaker Reviews Immigration Considerations for Reopening

In this video, MSK immigration attorney Stephen Blaker reviews the various process changes and travel restrictions that have been imposed by the federal immigration agencies in response to COVID-19. What impact could this have on your reopening plans? If you have any questions or would like to discuss further, please contact Stephen at s1b@msk.com. Continue reading MSK Minute: Stephen Blaker Reviews Immigration Considerations for Reopening

Remote Work Blurs Boundaries

Working Remotely Triggers Immigration Compliance Regulations

Written By Howard D. Shapiro and Frida P. Glucoft

In the wake of a range of “safer at home” federal, state and local orders and guidelines stemming from the COVID-19 pandemic, employers throughout the United States have temporarily closed their offices to varying degrees and instructed their employees to work remotely, usually from home. Companies with employees working in the US pursuant to the temporary visa categories H-1B, E-3 (Australian citizens) and H-1B1 (citizens of Singapore and Chile) are required to take extra steps to ensure compliance with immigration laws and regulations when those employees are working from locations outside of their normal worksites. Continue reading “Remote Work Blurs Boundaries”

Don’t Get Stuck With COVID-19

US Immigration In The Time of the Coronavirus

Written by David S. Rugendorf

Our lives have changed almost overnight, and the unimaginable has become the new normal. We find ourselves, our families and our workplaces in an unprecedented and ever evolving situation, with new government directives and restrictions appearing on an almost daily basis. With that in mind, we have a few general points to share with our clients and friends:

RECONSIDER TRAVEL PLANS – This should be obvious. Government travel restrictions are in place prohibiting entry into the United States of individuals who have recently been present in China and Europe (including the United Kingdom). Exceptions are currently being made for US citizens, permanent residents (“green card” holders) and their immediate families. Entries across our land borders are now severely curtailed. We do not expect the situation to return to normal any time soon – further restrictions may be imposed. Appointments to obtain visas at US embassies and consulates all over the world have been cancelled, or face lengthy postponements. Applicants should monitor their e-mails for notifications regarding cancellations and postponements. US airports have seen delays in immigration processing and crowding which have made social distancing impossible. Continue reading “Don’t Get Stuck With COVID-19”

USCIS Releases New Form I-9, Effective Today

Close-up of an immigration form and #2 sharp pencil
Photo Credit: istock.com/alexskopje

By Benjamin Lau and Frida Glucoft

On January 31, 2020, the USCIS issued a new Form I-9, Employment Eligibility Verification with edition date 10/21/2019. The form is effective immediately. The new Form I-9 is available on the USCIS website at https://www.uscis.gov/i-9.

The form includes the following updates:

Revisions related to the List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

Continue reading “USCIS Releases New Form I-9, Effective Today”