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In the employment context, the Form I-140, Immigrant Petition for Alien Worker is the request by an employer for the permanent residence of its worker. This step involves the approval of the immigrant visa. There are essentially three categories available for an employer to sponsor an employee. 

Filing Fee Increases that were set to be implemented today, Oct. 2, 2020, have been stopped due to a pending court case. For how long? It’s hard to say…so don’t procrastinate any longer! Get your immigration case filed NOW!

Some of the biggest, most well-known companies were founded, or are run by, immigrants. This includes companies like Oracle, Google, Dropbox, Microsoft, YouTube, Tesla, and DoorDash – not to mention all of the local businesses whose entrepreneurial spirit is at work in our communities.

Some good news for those seeking permanent residence or nonimmigrant status in the U.S. On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the government from enforcing, applying, implementing, or treating as effective, the USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19) for any period during which there is a declared national health emergency in response to the COVID-19 outbreak

Even in today’s unstable and trying world of U.S. immigration, our clients are seeing success! Two parents of a U.S. citizen received their green cards, without interview, in June. Another wife of a U.S. citizen was finally interviewed and granted her green card after an 18 month wait and the interruption of the pandemic. Even nonimmigrant visa seekers are having success! A high school teacher was able to obtain a cap exempt H-1B to help educate local high schoolers at charter school! These successes are something to celebrate!

Over the last month, we have posted blog articles addressing if you should wait to pursue your immigration matters now (What can I do About my Immigration Matters Today, June 17), the new executive order issued June 20, 2020 (New Executive Order - Stay Informed, June 24, 2020), and the current administration‘s attempt at a moratorium on F1 and M1 visas (Modifications That May Impact Your F-1 or M-1 Status, July 8, 2020).

On July 6, 2020, U.S. Immigration and Customs Enforcement (ICE) issued its plans to publish procedures and modifications to the Student and Exchange Visitor Program (SEVP) regarding temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.

With all of the unknowns and bad news that we are facing in U.S. immigration, I stumbled upon a recent Gallup poll that made me a little hopeful. As a nation built on immigration and the innovation and investment of immigrants, it is important to recognize the contributions that each and every person brings to our country. From the unification of families to the technological and industrial pursuits that have made America a beacon around the globe, we all are a thread in the stars and stripes of the nation’s flag.

On June 20, 2020, President Trump issued a proclamation, Presidential Proclamation Suspending Entry of Immigrants and Nonimmigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.

Uncertainty is certainly a staple today. With all of the things that are unknown you may be wondering what you should do about your immigration matters. Due to financial difficulties, USCIS may begin to furlough a significant number of employees. The backlogs created by COVID-19 for nonimmigrant visas may prove substantial. The current administration continues to issue executive orders that may also impact you or your family members or employees. If you have an immigration case that you are thinking about filing, you should not wait!

On April 22, 2020, the President issued an executive order that stopped the processing of particular visas. This order indicated that the President would work in association with other government agencies on the front lines of the affected visa categories and within 50 days make revisions to the order. This left room for broad action.