By Cyrus D. Mehta and Kaitlyn Box* Since H-1B and L visa nonimmigrant status allows for dual intent, the filing of an I-485 adjustment of status application does not conflict with the maintenance of those nonimmigrant statuses. One maintaining H-1B or L status can also apply for an employment authorization document (EAD) and advance parole […]
By Cyrus D. Mehta and Jessica Paszko* Establishing extraordinary ability under the employment-based first preference (EB-1) visa category is neither an easy nor straightforward feat. In 2010, Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), which we wrote a blog about, muddied the waters when it tacked onto the EB-1 determination, a vague, second […]
By Cyrus D. Mehta and Kaitlyn Box* On January 21, 2021, the Biden administration announced a series of actions aimed at attracting and retaining STEM students and workers to the United States. Among the most significant provisions, the U.S. Department of Homeland Security (DHS) has added 22 new fields to the STEM optional practical training […]
Update – January 21, 2022
On January 21, 2022, USCIS released new guidance on requests to transfer the underlying basis of an I-485 to a different employment-based immigrant category based on another Form I-140. The guidance states that USCIS may, in its discretion grant a transfer of underlying basis if the following criteria are met:
Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the blogs that were published in 2021. While President Biden’s presidency ushered in new hope, former President Trump’s restrictive immigration policies still reared their ugly heads into the early weeks of 2021. On the last day of 2020, President Trump extended two […]
The State Department has given much needed holiday gifts to ease delays in visa processing brought about by the evisceration of consular operations due to Covid-19. According to a December 22, 2021 article in Roll Call, visa applicants in London, Paris and Mexico City, for instance, must wait about two months for a nonimmigrant visa […]
By Cyrus D. Mehta Several children who filed I-485 applications as derivatives of their Indian born parents under the October 2020 Visa Bulletin are being denied because they turned 21 years before the Final Action Dates became current. The backlogs for India in the employment-based second and third preferences have already caused untold suffering to […]
By Cyrus D. Mehta & Kaitlyn Box* On November 26, 2021, President Biden issued a Presidential Proclamation entitled “A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019” in response to a report made by the South African government to the World […]
Cyrus D. Mehta The USCIS has been processing employment authorization requests for H-4 and L-2 spouses so slowly that they have been rendered virtually useless. By the time the applicant receives the employment authorization document (EAD) after 10 months, the job offer no longer exists. The experience is even more harrowing when the spouse begins […]
By Cyrus D. Mehta & Jessica Paszko* Under the Immigration and Nationality Act (“INA”), U.S. employers wishing to sponsor a foreign worker for employment and permanent residence must first prove to the Department of Labor (“DOL”) that there are no sufficient workers who are able, willing, qualified and available for the prospective job and that […]
