Entries by Diaz Shafer

USCIS Clarifies Policy on L-1 Petitions

U.S. Citizenship and Immigration Services has issued policy guidance (PDF, 311.12 KB) in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner. This Policy Manual update affirms the existing guidance. The update […]

USCIS Reaches H-2B Cap for First Half of FY 2024

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2024. Oct. 11, 2023 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2024. USCIS […]

USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings

U.S. Citizenship and Immigration Services (USCIS) is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR). Effective Oct. 16, 2023, if EOIR dismissed or terminated your removal proceedings and you choose to pursue a claim for asylum, you must submit […]

USCIS Provides Additional Guidance for EB-5 Required Investment Timeframe and Investors Associated with Terminated Regional Centers

  USCIS is providing additional guidance on our interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how we treat investors who are associated with a terminated regional center. This guidance clarifies the required […]

DHS Previews Federal Register Notice Extending and Separately Redesignating Venezuela for Temporary Protected Status

Redesignation Allows Additional Eligible Venezuelan Nationals Who Arrived in the U.S. on or Before July 31, 2023 to Apply for TPS and Employment Authorization Documents  Venezuelan Nationals Who Enter After July 31, 2023 are not Eligible for TPS. Those Who Do Not Enter the U.S. via Lawful Pathways Will be Subject to Enforcement Consequences The Department of Homeland Security […]

USCIS Continues Fee Exemptions and Expedited Processing for Afghan Nationals

  Today, U.S. Citizenship and Immigration Services (USCIS) announced it is extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. These actions will help Afghan nationals resettle, and in many cases, reunite with family in the United States by enabling USCIS to more quickly process their requests for employment authorization […]

USCIS Increases Employment Authorization Document Validity Period for Certain Categories

The updated guidance explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment […]

NEW TPS (Temporary Protected Status) for all VENEZUELANS in the US prior to July 31, 2023!

  After reviewing the country conditions in Venezuela and consulting with interagency partners, Secretary Mayorkas determined that an 18-month TPS extension and redesignation are warranted based on Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions. This redesignation provides temporary protection from removal, as well as employment authorization […]

USCIS Clarifies Guidance for EB-1 Eligibility Criteria

U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to clarify the types of evidence that they may evaluate to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications. The update adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary […]

Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13

U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English. Sign language interpreters are the only exception to this requirement. USCIS continues […]