Learn more about the laws and regulations surrounding US immigration law, so you can stay up-to-date and maintain compliance with ever-changing stipulations and requirements.
Continuous Residence and Physical Presence Requirements for Naturalization Continuous Residence Naturalization applicants must show either continuous residence in the U.S. for five years or continuous residence in the U.S. for three years, for qualified spouses of U.S. citizens. Depending on length of time, an absence could disrupt continuous residence. For example, continuous residence may be disrupted […]
Learn MoreOn May 22, Department of Homeland Security (DHS) Acting Secretary Wolf signed an order exempting certain foreign professional athletes who compete in professional sporting events organized by certain leagues from Presidential Proclamations 9984, 9992, 9993, and 9996. This exemption only applies to certain professional athletes, essential staff, team and league leadership, spouses, and dependents. Individuals who […]
Learn MoreWhat is DACA? DACA was announced by former President Barack Obama on June 15, 2012 and implemented by then Secretary of Homeland Security Janet Napolitano. The policy has enabled people who came to the United States before the age of 16 to apply for “deferred action,” a form of prosecutorial discretion, and a work permit. The […]
Learn MoreU.S. Supreme Court DACA Decision In September 2017, U.S. Attorney General, Jeff Sessions, concluded that the Deferred Action for Childhood Arrivals (DACA) program was illegal. In a letter, he advised the Department of Homeland Security (DHS) to rescind Deferred Action for Childhood Arrivals (DACA). The acting Secretary of Homeland Security subsequently issued a memorandum stating […]
Learn MoreUSCIS final rule eliminating the regulation articulating a 30-day processing timeframe for USCIS to adjudicate initial Applications for Employment Authorization for asylum applicants. The rule also removes the requirement that pending asylum applicants file for Employment Authorization Document (EAD) renewal at least 90 days before the EAD’s scheduled expiration. The rule is effective 8/21/20. (85 FR 37502, […]
Learn MorePresidential Proclamation- June 22, 2020 Citing the effect of the novel Coronavirus on the economy, President Trump issued a proclamation continuing Proclamation 10014, which suspended entry for certain immigrants, and suspending the admission of certain workers within nonimmigrant visa categories. These nonimmigrant categories include: H-1B, H-2B, J, L visas, and the visas of those joining or […]
Learn MorePresidential Proclamation 10014 became effective on Thursday, April 23, 2020 at 11:59 PM (ET) and suspends the entry of certain individuals seeking admission to the United States as an immigrant. On June 22, 2020 President Trump issued a proclamation suspending the entry of certain employment-based nonimmigrants seeking admission to the United States. In that proclamation, he extended Presidential Proclamation […]
Learn MoreVisa Exempt Canadians Are Not Subject to the Proclamation AILA CBP-OFO Liaison Committee has received confirmation from CBP HQ that Canadians entering as H, L or J nonimmigrants are exempt from the Presidential Proclamation issued on June 22, 2020, and effective on June 24, 2020. Guidance has been provided to local CBP ports on this […]
Learn MoreQ2: Can an international student take a full online course load from the United States? No. With regard to Fall 2020, the press release by SEVP states “Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of […]
Learn MoreAILA has learned through a communication shared from the U.S. consular post in Singapore that H-1B1 visas are not impacted by Presidential Proclamation 10052, issued on June 22, 2020, and amended on June 29, 2020. AILA reminds members that routine visa services remain suspended worldwide, without a specific date provided for their return. AILA’s Department of State […]
Learn MoreImpact of USCIS Final Rule on Employment Authorization for Asylum Applicants The new rules will: Increase the waiting time from 150 days to 365 days for an asylum applicant to be eligible to apply for an initial EAD. This will apply to any asylum seeker who has not accrued 150 days on their “clock” before August 25. […]
Learn MoreOn June 22, 2020, the President issued a Proclamation that addresses, among other things, the Department of Homeland Security’s (DHS’s) administration of employment authorization benefits. In addition to relying on statutory and regulatory provisions on employment authorization, USCIS reminds officers to refer to existing guidance, now consolidated in the USCIS Policy Manual, on the exercise […]
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