Blog

Immigration Update – Suspension

April 23, 2020

What appears to be clear at this time: 1. The White House is issued a Proclamation on April 22, 2020. 2. The effective date is April 23, 2020 at 11.59. PM. 3. This “temporary” immigration suspension is scheduled for 60 days. The suspension shall apply only to aliens who: (i) are outside the United States…

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E-2 visa and unemployment benefits eligibility

April 7, 2020

Many of our clients have employees with E-visa working here in the US. Due to the coronavirus outbreak, some of these employees may have been laid off. Their question may be: “Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public…

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ESTA Update

April 2, 2020

As a result of the COVID-19 pandemic, travelers who entered the U.S. under the Visa Waiver Program (or “ESTA”) may find themselves in a difficult set of circumstances: should an ESTA traveler depart the U.S. at the end of the 90-day authorized stay with all the obvious risks of doing so, or should the ESTA…

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USCIS to Continue Processing Applications for Employment Authorization

March 31, 2020

The USCIS issued this statement on Monday: “U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This…

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RFE Response Delay

March 30, 2020

New policy guidelines for RFE/NOID etc. response. If received after March 1, 2020, 60 days added on. USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are…

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Immigration and Related Matters

March 25, 2020

USCIS has suspended its operations until at least April 1st – including premium processing of all I-129 and I-140 petitions. Scheduled appointments and interviews are postponed and notice from USCIS should be received confirming postponement. Similarly, the U.S. State Department (DOS) has suspended immigrant and nonimmigrant visa application appointments at all consular posts. DOS has…

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Social Security Withholdings for Foreign Nationals

February 1, 2020

Social Security Withholdings for Foreign Nationals If you own a business and/or earn wages in the United States, you know that, generally, you have a withholding obligation from such earnings for Social Security and Medicare taxes. For foreign nationals working or earning income in the U.S., such withholding may present a bit of a conundrum…

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USCIS Proposed Fee Adjustments

December 8, 2019

On November 14, 2019, the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would alter the filing fee structure for many USCIS documents, including non-immigrant visas, immigrant visas, naturalization, and related documents. Published with a 30-day notice and public comment period, the proposed rule’s fee…

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Reasonable Suspicion Required for Searches of Digital Devices at U.S. Borders

December 8, 2019

For those traveling into the U.S. this holiday season, a new standard will be in place for searches of individuals’ digital devices. Contrary to prior practices by border patrol agents, a federal judge recently ruled that agents must have “reasonable suspicion” to search an individual’s smartphone or laptop. This standard generally requires that the border…

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Public Charge

November 8, 2019

Recently, there has been considerable media coverage involving the redefining and clarification of the term”public charge” by the Department of Homeland Security (DHS) and the Department of State (DOS) in relation to immigration admissibility or inadmissibility to the United States. On August 14, 2019, the Department of Homeland Security and U.S. Citizenship and Immigration Services…

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