Who Gets An Automatic Extension Of Their Right Work?
Most immigration categories that enable you to work are eligible for an automatic extension of your right to work while an EAD renewal is pending. The most notable categories that do not provide automatic extension of work authorization are H-4, L-2, and E-2d. Here is a list of the more common categories and the length […]
What to do about Employment Authorization Document?
Recently, USCIS has outlined steps to address the backlog, including suspending biometrics and allowing automatic extensions. Unfortunately, there are no automatic extensions for H-4 or L-2 Employment Authorization Documents. Suspending Biometrics Requirement for H-4, L-2, E-1, E-2, and E-3 Visa Holders Starting May 17, 2021, USCIS will temporarily suspend biometrics submission requirements for individuals filing […]
Should You Store Your I-9’s Electronically?
The Department of Homeland Security allows employers to store their I-9s electronically. Legislation was first enacted in 2004 with the regulations finalized on July 21, 2010 so that an employer may now store their I-9s electronically. Everything else is becoming automated, why not jump on the bandwagon and do it for I-9s too? Abercrombie & […]
TPS – Venezuela and Burma
Over 320,000 Venezuelans and Burmese currently living in the United States are now eligible to stay and work here for another 18 months. The United States has now designated people from Venezuela or Burma living in the U.S. as eligible for Temporary Protective Status (“TPS”). Moreover, the United States Citizenship and Immigration Services (“USCIS”) has […]
Immigration Options for Foreign Managers and Executives
Let’s say you are the CEO of a top international company and now want to come to the U.S. to oversee a new U.S. branch office that just opened up in San Diego, California. Sounds like a legitimate reason to come to the U.S. but determining the best immigration strategy may not always be easy. […]
My Fiancé is Illegal
Today we tackle one of the most common questions an Immigration Lawyer receives: I am a United States Citizen, my fiancé is illegal. What can I do? If he has entered without any documentation and did not go through a border to be inspected, most likely his case will need to be completed in his […]
DACA Is Restored
DACA is restored! The DACA (Deferred Action for Childhood Arrivals) program has been reinstated as required by a court order issued by a U.S District Court. Following this order, the Department of Homeland Security (DHS) announced that from December 7, 2020 onwards USCIS will now: Accept initial request for DACA by applicants Accept DACA renewal […]
Surprised to Find a Stimulus Check
Are immigrants eligible to receive stimulus checks? It depends. But, in a bizarre blunder by the IRS, thousands of foreign workers who are not eligible, including some residing overseas, are receiving stimulus checks designated for U.S. residents. The bulk of these mistaken payments are being received by college-age workers who have spent time in the […]
USCIS Resumes Premium Processing
USCIS announced that they are resuming premium processing for cases that are filed using Form I-140 and Form I-129. The reinstatement of premium processing is staggered, but here’s a quick summary: I-140 Premium Processing Resumes June 1 for all eligible I-140s. This includes: EB-1A: Extraordinary Ability EB-1B: Outstanding Professors and Researchers EB-2 and EB-3: Based on […]
My spouse is illegal
One of the most common inquiries we receive, is someone saying “My spouse is illegal.” or “I want to get papers for my wife.” First off, the proper term for someone who is here without proper immigration status is that they are “undocumented”. Yes, undocumented persons can sometimes obtain documents and become a permanent resident […]
