News & Analysis as of

United States Citizenship and Immigration Services New Guidance Foreign Nationals

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Holland & Hart LLP

USCIS Updates Policy Manual on TN Visa Requirements

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U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, requirements for classification, and change of status...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

Seyfarth Shaw LLP on

After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Littler

Student/Exchange Visitor Visa Processing Resumes with Expanded Screening for Social Media

Littler on

Last month the State Department temporarily paused processing of all new student and exchange visitor visa appointments (including F, M, and J visas) at U.S. embassies and consulates worldwide while it developed and expanded...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated CHNV Program Following SCOTUS Decision

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USCIS has issued updated guidance following the U.S. Supreme Court’s May 30, 2025, decision to grant DHS’s request to lift an April 14 U.S. district court order halting the Department’s termination of the CHNV program. With...more

Jackson Lewis P.C.

USCIS Issues Updated Guidance on Terminated Venezuela TPS Following SCOTUS Decision

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USCIS has issued updated guidance following the U.S. Supreme Court’s May 19, 2025, decision to grant the Justice Department’s emergency request to lift a March 31 California district court order halting DHS’s termination of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Department Pauses New Student and Exchange Visitor Visa Interviews: New Vetting Procedures Expected Soon

On May 27, 2025, Secretary of State Marco Rubio directed all U.S. embassies and consulates to pause scheduling all new visa interview appointments for foreign national students and exchange visitors applying for F, J, and M...more

Seyfarth Shaw LLP

SCOTUS Unravels 2023 TPS for Venezuela: Employers Await USCIS Guidance

Seyfarth Shaw LLP on

In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more

Bond Schoeneck & King PLLC

USCIS To Screen Social Media Activity for Evidence of Support for Antisemitic Terrorism, Terrorist Organizations and Antisemitic...

On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that it will begin considering individuals’ antisemitic activity on social media and the physical harassment of Jewish...more

Bond Schoeneck & King PLLC

Immigration Applicants’ Social Media Content to be Screened for Support of Antisemitic Terrorism, Terrorist Organizations and...

On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that it will begin considering individuals’ antisemitic activity on social media and the physical harassment of Jewish...more

Tarter Krinsky & Drogin LLP

How U.S. Visa Applicants Can Protect Their Status Amidst Heightened Scrutiny

The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have indicated they will focus with more scrutiny on social media vetting for student and exchange visitor applicants. These...more

Gibney Anthony & Flaherty, LLP

What Student Visa Holders and Employers Need to Know About Recent Student Visa Rescissions and Increased Scrutiny

The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. Some F-1 visas and SEVIS records have been rescinded or...more

Jackson Lewis P.C.

USCIS Provides Updated Guidance on Venezuela TPS After Court Intervention

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USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro...more

Clark Hill PLC

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

Clark Hill PLC on

The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and therefore merits a waiver of the labor certification...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Issues New ‘Ability to Pay’ Guidance to Clarify Employers’ Financial Obligations in Green Card Sponsorships

U.S. Citizenship and Immigration Services (USCIS has issued new guidance to define the extent of an employer’s financial obligation in employment-based green card applications where the sponsored employee has changed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Releases Updated Eligibility Criteria for Compelling Circumstances EADs

On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD)...more

Mintz - Immigration Viewpoints

The International Entrepreneur Parole Rule: USCIS Provides Further Guidance

U.S. Citizenship and Immigration Services (USCIS) recently provided further guidance on eligibility criteria for the International Entrepreneur Parole program (IEP).  Background The IEP rule was promulgated at the end of the...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Gibney Anthony & Flaherty, LLP

January 2023 Visa Bulletin Brings Retrogression in the New Year

The Department of State released the January 2023 Visa Bulletin. As forecasted in our Fiscal Year 2023 visa availability analysis, we are now seeing the retrogression for Indian and Chinese nationals in the EB-1 category....more

Burr & Forman

COVID-19 Vaccination Update for Green Card Applicants

Burr & Forman on

Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more

Cozen O'Connor

Green Card Applicants Must Receive the COVID-19 Vaccine

Cozen O'Connor on

On August 24, 2021, the U.S. Centers for Disease Control and Prevention (CDC) announced a new policy that will require foreign nationals applying for a U.S. permanent resident card (green card) to be fully vaccinated against...more

Mintz - Immigration Viewpoints

New Policy Guidance on Good Moral Character Determinations

A U.S. immigrant may feel that receiving a green card (permanent residence) is the end goal of their immigration journey. However, if a permanent resident plans to become a U.S. citizen, he or she should be aware that certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New USCIS Policy Guidance Alters Criminal Sentence Evaluation, Clarifies Definition of “Good Moral Character”

U.S. Citizenship and Immigration Services (USCIS) recently adopted new policy guidance altering the way immigration officers evaluate criminal sentences and make good moral character determinations. These changes may impact a...more

Epstein Becker & Green

October 2019 Immigration Alert

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USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

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