A draft version of a revised form I-765, application for employment authorization has been released, and the corresponding instructions appear to reveal the eligibility criteria for the proposed I-140 employment document authorization (EAD) rule. Unfortunately, it appears that the proposed rule will be more restrictive than hoped....
On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers," to the Office of Management and Budget (OMB). No specifics are provided regarding...
The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 19, 2015, there will be a change in the filing location for a limited group of form I-140 employer petitions. This change is simply an effort to balance workloads between the Texas Service Center...
Maria M. Odom, the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), has submitted her office's 2015 Annual Report to Congress. This annual report includes lists of problems within the immigration system identified by the CIS Ombudsman's office, as well as recommended solutions. Background on the CIS Ombudsman The...
The Murthy Law Firm filed an amicus curiae (friend of the court) brief with the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), urging for a long-needed change in interpretation and policy. The issue centers on recognition of rights of immigrant petition (form...
As discussed in Part 1 of this article, the U.S. Citizenship and Immigration Services (USCIS) finally published answers to frequently asked questions (FAQs) on May 20, 2015, explaining the new regulation that allows certain H-4 spouses to apply for employment authorization documents (EADs). In this second...
The U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) are in the initial stages of proposing important regulatory changes affecting employment-based (EB) immigration. The spring 2015 DHS regulatory agenda includes rulemaking that, if implemented, would make certain beneficiaries of...
Many immigration strategies in employment-based cases rely upon the ability to retain the priority date between permanent resident (or, "green card") case filings for the same individual. It is widely used in what is commonly known as upgrading between categories, as well as during changes...
The U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) has issued a notice requesting amicus curiae (friend of the court) briefs on a topic that is of tremendous importance to many foreign nationals who are being sponsored for permanent residency (commonly, "green card") by...
From time to time, the U.S. Citizenship and Immigration Services (USCIS) internally reassigns pending cases by moving them from one USCIS service center to another. These case transfers are an effort to balance workloads between service centers. Such a shift was announced at the end...
