News and Updates
Listed below are recent news and updates related to US immigration policy and USCIS for Meyer Law Group clients.
H-1B and Tech Layoffs: Is there another option?
H-1B and Tech Layoffs: Is there another option? By Zoe Wollenschlaeger If you’ve paid attention to the news or your LinkedIn feed, it should come as no surprise that 2022 was a devastating year for employees in the technology industry. Meta, Amazon, Twitter, and Peloton are just a few of the hundreds of tech companies…
USCIS Agrees to Allow Regional Centers to Maintain Authorization
CLIENT UPDATE: USCIS Agrees to Joint Settlement Allowing Previously Approved Regional Centers to Maintain Authorization In March 2022, Congress enacted the Reform and Integrity Act “RIA”) which reauthorized theEB-5 Regional Center Program. However, the United States Citizenship and ImmigrationServices (“USCIS”) interpreted the RIA as deauthorizing the 600-plus previously authorizedregional centers. Last week U.S. Citizenship and…
Uniting for Ukraine – Informational Document
Meyer Law Group is now assisting Ukrainian citizens negatively impacted by the war in Ukraine in filing for humanitarian parole in the United States. The Uniting for Ukraine program offers Ukrainian citizens the opportunity to live and work in the United States for a period of at least two years. Click the document below to…
COURT ORDERS USCIS TO PERMIT DEAUTHORIZED REGIONAL CENTERS TO RESUME OPERATION
CLIENT ALERT: Federal Court Orders USCIS to Permit Previously Deauthorized Regional Centers to Resume Operations under the Reform and Integrity Act Dear Valued Clients: In March 2022, Congress enacted the Reform and Integrity Act (the “Act”) which reauthorized the EB-5 Regional Center Program. However, the United States Citizenship and Immigration Services (“USCIS”) interpreted the Act…
CLIENT UPDATE: USCIS INCREASES THE AUTOMATIC EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) EXTENSION PERIOD
U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) increasing the automatic extension period of employment authorization and Employment Authorization Documents (EAD) from 180 days to up to 540 days total. The TFR will be effective immediately on May 4, 2022. The temporary increase will avoid gaps in employment for non-citizens with…
CLIENT ALERT: Updates to the EB-5 Program impact all Regional Centers and future I-526 filings.
Memo: EB-5 Questions and Answers On April 29, 2022, the USCIS updated their website with EB-5 Questions and Answers (Updated April 2022). General Information: The EB-5 Reform and Integrity Act of 2022 (“the Act”) made various changes to the EB-5 Program: All potential Regional Centers must apply for designation through a new form, the I-956…
FY 2023 H-1B CAP Registration Update
1. Important Dates Registration Dates: USCIS will open an initial registration period from March 1 at noon. Eastern through March 18, 2022 noon Eastern. Prospective petitioners and representatives will be able to complete and submit registrations using the H-1B registration System. 2. Registration Process USCIS will assign a confirmation number to each registration submitted for…
CLIENT ALERT: CBP Expected to Require Proof of COVID-19 Vaccinations at U.S. Borders Effective January 22, 2022
January 11, 2022 The U.S. Customs and Border Control (“CBP”) is expected to require proof of COVID-19 vaccination from all foreigners entering at U.S. borders effective January 22, 2022. This includes all foreign nationals traveling between borders for both essential and non-essential reasons. Currently, individuals engaged in essential travel are not required to show…
The American Immigrant Investor Alliance (AIIA)
September 3. 2021 Dear EB-5 Investor clients, As you may know, the EB-5 Regional Center program has lapsed and, if you have not yet attained your conditional green card (CGC), USCIS has announced that it will hold your application in abeyance. We understand that this is distressing for you, as it is for us. During…
Legal Updates on Foreign Investment in China
Meyer Law Group often collaborates with law firms who provide our clients with important legal information. The following newsletter provides legal updates on the latest legal and regulatory developments to foreign investors interested in the Chinese Market. Shuli Ye is a collaborative senior attorney and partner of the JunZeJun Law Offices located in Beijing, China.…
EB-5 Regional Center Program at $500,000
Dear Valued Clients, EB-5 is currently in flux. While we have a wonderful situation where the investment amount has been reduced to $500,000 and more favorable Targeted Employment Area (TEA) rules are back in place, we cannot fully capitalize on this gift because the Regional Center program expired June 30, 2021 (the “Direct EB-5” program…
POLICY CHANGE ALERT: F-1 Change of Status Applicants No Longer need to Submit Applications to “Bridge the Gap”
July 21, 2021 Dear Valued Clients: U.S. Citizenship and Immigration Services (“USCIS”) announced yesterday new policy guidance eliminating the need for F-1 change of status (“COS”) applicants to submit subsequent applications for extension or change of nonimmigrant status while their initial F-1 COS application is pending. The applicant’s nonimmigrant status must be unexpired at the…
CLIENT ALERT: DHS DELAYS EFFECTIVE DATE OF THE H-1B FINAL RULE
February 8, 2021 On November 2, 2020 we announced that the Department of Homeland Security (DHS) released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based selection process. On January 7, 2021 United States Citizenship and Immigration Services (USCIS) announced its decision to publish the proposed…
CLIENT ALERT: USCIS FINALIZES RULE TO CHANGE THE H-1B VISA LOTTERY TO A WAGE BASED SYSTEM
January 11, 2021 On November 2, 2020 we announced that DHS released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based selection process by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds…
CLIENT ALERT: CALIFORNIA DISTRICT COURT STRIKES DOWN TWO TRUMP H-1B PROCLAMATIONS
December 2, 2020 In October the Trump administration announced two proclamations making major changes to the H-1B program: Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States which significantly increased prevailing wage determinations for H-1B, and E3 visas; and Strengthening the H-1B Nonimmigrant Visa Classification Program, which made…
CLIENT ALERT: DEPARTMENT OF HOMELAND SECURITY ANNOUNCES PLANS TO CHANGE THE H-1B VISA LOTTERY TO A SALARY RANKING SYSTEM
November 9, 2020 The Department of Homeland Security released yet another proposal to modify the H-1B program under the guise of curbing the rising unemployment rate amid the COVID-19 pandemic. On November 2, 2020 the DHS released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based…
CLIENT ALERT: DEPARTMENT OF HOMELAND SECURITY ANNOUNCES CHANGES TO H-1B PROGRAM EFFECTIVE DECEMBER 7, 2020
October 8, 2020 In response to President Trump’s directive E.O 13788, to “Buy American, Hire American” and the recent economic crisis caused by the COVID-19 health emergency, on October 6, 2020, the Department of Homeland Security (DHS) released an Interim Final Rule (IFR) titled “Strengthening the H-1B Nonimmigrant Visa Classification Program.” The new rule will…
CLIENT ALERT: DEPARTMENT OF LABOR SETS NEW PREVAILING WAGE LEVELS FOR H-1B, H-1B1 and E3 Permanent Labor Certifications and LCAs
October 8, 2020 On October 6, 2020, in a document titled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” the Department of Labor (the Department) announced its plans to amend the Employment and Training Administration (ETA) regulations governing the prevailing wages for H-1B, H-1B1 and E3 visas, specifically…
CLIENT UPDATE: President Trump’s Work Visa Ban Partially Suspended by Federal Judge
October 2, 2020 Dear Valued Clients: In June, President Trump signed a proclamation suspending H-1B, H-2B, J and L visas effective until December 31, 2020, under the guise of curbing the rising unemployment rate amid the COVID-19 pandemic. A California federal judge in San Francisco has blocked the ban—but not its entirety. The block does…
CLIENT ALERT: LOOKS CAN BE DECEIVING – WHY THE UPDATED OCTOBER 2020 VISA BULLETIN PRIORITY DATES MAY NOT BE AS GOOD AS THEY APPEAR
September 28, 2020 Dear Valued Clients: Last week, the long-awaited October Visa Bulletin was released showing significant forward movement. Notably, the EB-3 “All Chargeability” category will become current for both Chart A, “Final Action Dates” and Chart B “Dates for Filing”. Additionally, EB-1, EB-2, preference categories for those born in India advanced significantly by at least 2 years under Chart B. The EB-3 preference category advances…
CLIENT ALERT: THE DEPARTMENT OF STATE ANNOUNCES NEW EXEMPTIONS TO TRUMP’S RECENT WORK VISA BAN
August 17, 2020 Dear Valued Clients: On June 24, 2020 President Trump signed a proclamation suspending H-1B, H-2B, J-1, and L-1 work visas and any spouses or children of covered applicants applying for H-4, L-2 and J-2 visas effective immediately until December 31, 2020. Yesterday, the Department of State (DOS) updated guidance on the proclamation,…
Potential Use of a Writ of Mandamus for Form I-526, I-829 or I-924
August 6, 2020 Dear Valued Clients, On July 22, 2020 United States Citizenship & Immigration Services (“USCIS”) posted its performance data on all USCIS Petitions and Applications for Quarter 2 of Fiscal Year 2020. The data reveals that USCIS received only 21 Form I-526 petitions, approved 714 cases, and denied 190 cases between January 2020…
CIENT ALERT: USCIS AND DOL TEAM UP IN H-1B AND E-3 ENFORCEMENT
August 7, 2020 Dear Valued Clients: On July 31, 2020, the United States Citizenship and Services (USCIS) announced that they entered into a memorandum of agreement (MOA) with the Department of Labor (DOL) to provide access and share information about immigrant and nonimmigrant petition records and data within the Office of Foreign Labor Certification’s labor…
Client Alert: President Trump Rescinds Rule Regarding International Students and Online Learning
July 15, 2020 Dear Valued Clients: On July 6, 2020, the Student and Exchange Visitor Program (SEVP), which operates under Immigration and Customs Enforcement (ICE), announced its plans to prohibit nonimmigrant F-1 and M-1 students attending schools operating entirely online from remaining in the United States and to halt U.S. Visas issued to students enrolled…
Client Alert: International Students and Schools Accepting International Students
Modifications to Temporary Exemptions for Non-immigrant Students Taking Online Courses During Fall 2020 Semester On July 6, 2020, The Student and Exchange Visitor Program (SEVP) announced modifications Monday to 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…
Client Alert: President Trump Suspends H-1B, H-2B, J and L Visas
June 23, 2020 RE: President Trump Suspends H-1B, H-2B, J and L Visas Dear Valued Clients: Yesterday, President Trump signed a proclamation suspending certain work visas effective immediately to December 31, 2020. However, its application will likely be less than would seemingly be the case for the following reasons: The proclamation applies to aliens outside…
Client Alert: USCIS Rescinds H-1B Policy Memoranda and Provides New Guidelines favoring H-1B Petitioners
June 19, 2020 CLIENT UPDATE: Major Victory for H-1B Petitioners and Beneficiaries – USCIS Rescinds H-1B Policy Memoranda and Provides New Guidelines favoring H-1B Petitioners Dear Valued Clients: Last month federal court decisions, Serenity Info Tech, Inc. v. Cuccinelli and ITService Alliance Inc., v. Cissna ruled against the United States Citizenship and Immigration Services (“USCIS”)…
Client Alert: 众议院司法委员会共和党人呼吁对中国涉嫌滥用EB-5签证计划进行审查
作者：Paul Chen, Brandon Meyer and Sissi Zhou 2020年6月15日，众议院司法委员会的共和党人俄亥俄州议员吉姆·乔丹（Jim Jordan）和美国宾夕法尼亚州众议员盖伊·雷森塔勒（Guy Reschenthaler）联名写信给政府问责办公室（GAO）负责人吉恩·多达罗（Gene Dodaro）。他们呼吁对有争议的EB-5移民投资者签证计划进行审查-警告说中国共产党（CCP）可能正在滥用该计划让其成员进入美国。 信中说，美国人民正在这场全球性的大瘟疫中受苦，美国政府应该采取措施对中国实施制裁。为了响特朗普总统在2020年5月21日发表的讲话“保护美国人民，家园和生活方式”，吉姆·乔丹（Jim Jordan）和盖伊·雷森塔勒（Guy Reschenthaler）要求GAO对中国共产党有可能涉嫌滥用EB-5计划进行调查。 他们指出，EB-5计划颁布于1990年，尽管EB-5计划旨在刺激美国的资本投资和创造就业机会，但近几年来，很明显，中共可能正在滥用该计划，以使其成员获得美国永久居留权。在2012年至2018年期间，每年可获得的大约10,000份EB-5签证中，有近80％面向中国出生的投资者，而积压的大多数投资者也是中国人。即使现在中国投资人的排期时间已经超过了10年，但是他们还是愿意等待。 在冠状病毒大流行期间，特朗普采取了许多措施来限制美国的移民，包括禁止从中国游客入境。 今年4月，他签署了一项行政命令“暂时中止移民到美国”。但是，该命令包括了很多豁免的情况，EB-5计划也在豁免当中。自那时以来，一些共和党人已敦促特朗普终止其中一些豁免并加强措施。 有消息指出，特朗普政府正在计划出台更多措施来限制移民，EB-5计划可能会成为下一个目标。 信中还提到GAO在2016年曾对EB-5计划中的潜在欺诈行为进行过调查，但移民局并未审查该计划中的国家安全问题，移民局目前也无法基于国家安全风险因素撤销某地区投资人的申请。信中说：“随着国会重新评估我们与中国的关系，GAO再次审查EB-5计划的时机已经成熟。”两位议员要求GAO对以下四点进行调查并出具报告： 1. 美国公民及移民服务局（USCIS）对EB-5计划中发现欺诈行为的改进，以及中共为避免欺诈行为发现所做的努力；2. 中共在多大程度上利用EB-5计划为其会员获得移民签证；3. EB-5计划主管部门理论和实际操作之间的距离是否妨碍了USCIS在裁决EB-5申请时考虑国家安全问题；和4. 来自中共或与中共相关的投资者EB-5投资的累计金额。 自从2019年11月21日EB-5计划涨价以来，整个EB-5行业已经面临了寒冬。此时共和党议员呼吁对该计划进行调查，对整个行业来说无疑是雪上加霜。中国EB-5投资人的申请也可能会面临移民局更严格的审核。 在这个特殊的时刻，Meyer Law Group愿意尽我们所能来帮助所有的中国移民解决他们在移民方面的问题。如果您有这方面的需求，或者对该文章有任何问题，欢迎随时联络我们。请留下您的联系方式，我们会尽快回复您。
Client Alert: Rumored Trump Executive Order
June 17, 2020 RE: It All Starts With a Rumor… How Trump’s Rumored Executive Orders Could Eventually Backfire on Economic Revitalization Dear Valued Clients: On April 22, 2020 the Trump Administration issued a proclamation suspending certain immigrant visas[1] under the guise of curbing the rising unemployment rate amid the COVID-19 pandemic. The proclamation announced…
Client Alert: DHS Extends Form I-9 Requirement Flexibility
Dear Clients, Previously in May 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the novel COVID-19. This temporary flexibility was supposed to expire on June 18, 2020, however, due to…
Reminders for Avoiding RFEs for H-1B CAP/Lottery Cases for FY2021
As of April 1, 2020, USCIS has begun once again accepting H-1B Cap subject lottery cases for the FY2021. As highlighted in previous alerts, we again expect a significantly high rate of USCIS Request For Evidence (RFE) demand for H-1B visas this coming quarter as a result of heightened and restrictive immigration policies of this…
Client Alert: President Announces the Suspension of Certain Non-Immigrant Chinese Students and Researchers From Entering the United States
致:客户由:Meyer Law Group关:总统宣布暂停某些非移民身份的中国学 生和研究人员进入美国日期:2020 年 5 月 29 日 2020 年 5 月 29 日，特朗普总统发布公告，宣布暂停某些来自中国（PRC）的非移民学生和研究人员进入美国。 该公告指控中国利用中国的研究生和博士后研究人员来收集美国的知识产权。 该公告于 6 月 1 日星期一下午 12:00 生效。 东部标准时间，将一直有效直到总统终止。 这项声明会影响哪些学生和研究人员？ 这项公告针对的人群为 F（学生）和 J（访问学者）两种签证的学生和研究人员，他们将禁止以及限制入境。注解：“接受或执行某实体的资金，或从某实体接受其资助或目前由该实体从事研究或以其名义进行研究，或已由该实体实施或支持的实体聘用，由其进行研究或以其名义进行研究的“。 中国的“军民融合战略”是什么？ 根据该公告，军民融合战略是指“由中国采取或应中国的要求采取行动，以获取和转移外国技术，特别是关键的和新兴的技术，以纳入并提高中国的军事能力。” 美国国务院在 2020 年 3 月发布的一份说明中认为，这种军民融合战略是全球安全威胁，因为其目的是到 2049 年 1 月前使中国共产党成为世界上最先进的军队。1* 哪些学生和研究人员不受影响？ 该声明不适用于： 1. 美国的任何合法永久居民。2. 任何是美国公民或合法永久居民的配偶。3. 任何是美国武装部队成员的外国人和任何是美国武装部队成员的配偶或子女的外国人。4. 任何外国人的旅行属于《联合国总部协定》第 11 条的范围，或根据国际协定规定的美国义务获准进入美国的任何外国人。5. 根据国务卿和国土安全大臣的决定，在涉及信息的领域从事研究或研究的外国人， 这些信息不会对中国的军民战略有所帮助。6. 入境将进一步推动重要的美国执法目标，由国务卿，国土安全大臣或其各自指定的人确定。7. 由国务卿，国土安全大臣或其各自指定人员确定的，符合国家利益的任何外国人。 公告是否有有效期限？ 如上所述，该声明将一直有效直到总统终止。是否预期将来会对中国学生和研究人员施加限制？第 6.b…
Client Alert: USCIS Announces it will Resume Premium Processing For I-140 and I-129 Petitions
May 29, 2020 Dear Valued Clients: On May 29, 2020 U.S Citizenship and Immigration Services (“USCIS”) announced it will resume premium processing for Form I-129, Petition for Nonimmigrant Workers, and Form I-140, Immigrant Petition for Alien workers, in phases over the next month: Effective June 1, 2020USCIS will accept Form I-907, Request for Premium Processing,…
Client Alert: Federal Court Decision Regarding H-1B Itinerary Requirements is a Win for H-1B Workers
May 27, 2020 Dear Valued Clients: On May 20, 2020, the North District Court of Georgia ruled against the United States Citizenship and Immigration Services (“USCIS”) in their interpretation of 8 CFR § 214.2(h)(2)(i)(B). This statute requires H-1B Petitions, where services are performed in more than one location, to include an itinerary with dates and…
Client Alert: New Policy Adoption affecting EB1-C Visas (Multinational Executives and Managers)
May 26, 2020 Dear Valued Clients: The United States Citizenship and Immigration Services (USCIS) announced a Policy Memorandum adopting the May 5, 2020 Administrative Appeals Office (AAO) decision in Matter of F-M-Co. USCIS will use this Policy Memorandum to guide determinations going forward. Matter of F-M-Co reaffirms and clarifies the following for EB1-C Multinational Executives…
Client Alert: USCIS Accepting Refiling of Rejected Forms I-140
USCIS Now Accepting Refiling of Rejected Forms I-140 with E-certification or Electronically Reproduced Signatures On March 20, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced they would officially begin accepting electronic signatures in addition to wet ink. This temporary change is the result of the novel coronavirus (COVID-19) pandemic, inviting flexibility. On March 24,…
Client Alert: Temporary Policy for Form I-9 List B Documents
FORM I-9 ANNOUNCEMENT COVID-19 Temporary Policy for List B Identity Documents Dear Valued Clients: The United States Department of Homeland Security (DHS) is issuing a temporary policy regarding expired “List B” identity documents used to complete Form I-9, Employment Eligibility Verification due to the circumstances that many areas are experiencing a stay-at-home orders due…
Client Alert: United States – Canada Border Closure Extension Creates Uncertainty But Spares Visa Holders
May 21, 2020 Dear Valued Clients: The United States-Canadian Border closure to non-essential travel, first issued on March 21, 2020, has been extended thirty days, to June 21, 2020, amid the COVID-19 pandemic. In an attempt to avoid cutting off trade, the travel ban allows for “Essential Travel” for work and transport of goods. “Essential…
CLIENT ALERT: Potential Use of a Writ of Mandamus for Form I-526, I-829 or I-924
May 11, 2020 Dear Valued Clients, The United States Citizenship & Immigration Services (“USCIS”) has posted the long-awaited Form I-526 data for Q1 of Fiscal Year 2020. As such, USCIS only adjudicated 455 cases (383 approvals and 72 denials) between October to December 2019. Kindly see below the published adjudication statistics for Form I-526, Immigrant Petition…