Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards. Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards. This was great news. Typically, there are 140,000 employment-based green cards available…
Tag Archives: immigration compliance
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DACA Renewals and the Future of the American Dream and Promise Act
In 2012, the Obama administration under the President’s executive power implemented the Deferred Action for Childhood Arrival program, better known as DACA, after congress failed to pass the more comprehensive DREAM Act which was first introduced in 2001. DACA was created to allow for applicants, or so-called Dreamers, that were brought to the U.S before…
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How To Make An Interfile Request To Switch Employment Categories
By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3. However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. In November 2021, EB-3 India dates retrogressed by…
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USCIS Confirms It Will Suspend Biometrics For Certain Nonimmigrants
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…
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PERMs and Audits
PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is by getting a PERM certified that a foreign national starts the process to become a lawful permanent resident through employment. This, consequently, launches the journey to U.S. citizenship. All employment-based permanent residency applications (green…
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Know Your I-9 Responsibilities. A Must Read For All Employers.
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the…
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Trump Suspends Green Cards Due to COVID-19
Yesterday, President Trump signed an Executive Order, temporarily suspending the issuance of green cards, claiming that this is a necessary step towards protecting the jobs of U.S. workers. Effective at 11.59 pm on April 23, 2020, this proclamation suspends entry into the U.S. of the following immigrants: Those outside the U.S. as of the effective…
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Staying H-1B Compliant During the COVID-19 Outbreak
We are living in very uncertain times. As a result of the COVID-19 outbreak, many employees are being asked to work remotely in order to slow the spread of the virus. Due to the number of office closures Employers need to take a closer look at the Department of Labor (DOL) regulations to ensure that…