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The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics (EB-1A); outstanding professors and researchers (EB-1B); and multinational executives or managers (EB-1C). It provides

Continue Reading Understanding the First Preference Extraordinary Ability Category for Immigrant Visas and USCIS’s New Guidance

The Child Status Protection Act  (CSPA) is a law designed to help certain young people (children of immigrants) keep their eligibility for U.S. immigration benefits, even if they turn 21 years old during the application process. Normally, when a child of an immigrant turns 21, they “age out” of being

Continue Reading The Child Status Protection Act & USCIS Extraordinary Circumstances Policy Updates

By: Marcus Hobson and Mahsa Aliaskari

October 1 marks the start of the government’s fiscal year, signaling the release of at least 140,000 new employment-based immigrant visa numbers to be allocated across categories and nationalities in the new fiscal year.  With the exception of one particular subsection, the October 2024

Continue Reading October 2024 Visa Bulletin: Key Highlights and Implications

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification, specifically on the “significant public interest” category in the Foreign Affairs Manual (FAM), provides valuable guidance for individuals

Continue Reading Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the processing of their F-1 STEM Employment Authorization Document (EAD) extension applications.

While USCIS published processing time data reflects

Continue Reading Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took effect this year with the FY25 H-1B cap registration period, which ran from March 6, 2024

Continue Reading H-1B Cap Rule – Did it Work?

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days.

In alignment with ongoing efforts aimed at streamlining operations and enhancing processing efficiency, the U.S. Citizenship

Continue Reading Streamlining Services: USCIS Auto-Extensions for Work Permits – A Step Towards Efficiency and Relief

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence (“green card”) sponsorship for essential talent. While the Program Electronic Review Management (PERM) process has been a staple for many

Continue Reading Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is not just about technology- it brings with it a host of implications, including a significant move

Continue Reading Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

As many of us started to think about weekend plans, this afternoon, USCIS promised us an interesting Monday with its latest announcement. Effective Monday, October 19, 2020, the premium processing fee associated with the expedited 15 day review of eligible petitions filed with USCIS will increase from $1,440 to $2,500. 
Continue Reading USCIS Premium Processing Fee Increase