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2021

Blog Posts in 2021

  • State Dept. Expands Waivers of In-Person Interviews for Certain Temporary Nonimmigrant Visa Applicants

    The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by U.S. Citizenship and Immigration Services. The new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who ...
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  • DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

    The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022. This supplemental cap ...
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  • Which Visa Is Best for Artists, Athletes & Entertainers?

    Professionals in the entertainment or sports industry are required to travel often to share their work or compete overseas. If you are an artist, athlete, or entertainer, you may be looking to expand your profession to the United States. If so, you might be wondering which visa is best for you. Our Dallas immigration lawyers explain which visa you should consider if you want to work in the United ...
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  • All Temporary Protected Status (TPS) Applicants May Now File Forms I-821 and I-765 Online

    USCIS announced that as of Nov. 29, 2021 all applicants eligible to file for TPS under one of the current country designations below may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. The following countries are currently designated for TPS: • Burma (Myanmar) • El Salvador • Haiti • Honduras • Nepal • Nicaragua • ...
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  • USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

    In November 2021, USCIS conducted a third selection on previously submitted electronic registrations for the fiscal year (FY) 2022 H-1B. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. On Nov. 19, USCIS determined that they needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical ...
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  • Deferred Action for Childhood Arrivals

    DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides a quasi-legal status and employment authorization to certain individuals unlawfully present in the United States after being brought to the country as children. Individuals may qualify for DACA if they: Were under the age of 31 as of June 15, 2012; Came to the United States under the age of 16; Have ...
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  • USCIS Settlement Reverses Policy Prohibiting H-4 Spouses Automatic Work Extension and Provides Automatic Work Authorization for L2s Prior to Working in the U.S.

    Relief has come for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for employment authorization. Spouses in H-4 status always met the regulatory test for automatic extension of EADs, but USCIS previously prohibited them from that benefit and forced them to wait for reauthorization. Now, H4 spouses, who continue to have H4 status, are eligible for automatic extension ...
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  • DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

    The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. For the next year, the Secretary of Homeland Security, with the concurrence of the secretary of state, has decided to: Add Bosnia and Herzegovina, the Republic of Cyprus, ...
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  • Who Qualifies for O-1 Visa?

    O-1 visas are for creatives with extraordinary skills and experience. If you want to work in the United States as a creative, you need a set amount of skills, qualifications, and experience. Our Dallas immigration attorneys explain what qualifications are necessary to get an O-1 visa. What Is an O-1 Visa? The O-1 visa is for professionals with extraordinary abilities in the sciences, arts, ...
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  • Practice Pointer: COVID-19 Vaccine Requirements for Travelers to the United States

    On October 25, 2021, President Biden issued a Presidential Proclamation rescinding the geographic COVID-19 travel bans and adopting COVID-19 vaccination requirements for all international air travelers to the United States. It will be effective at 12:01 AM on November 8, 2021. The proclamation will remain in effect until terminated by the president. The Proclamation governs the entry into the ...
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  • USCIS Reaches Settlement Agreement in H-1B Market Research Analyst Class Action

    USCIS reached a settlement agreementin the case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.). On Oct. 19, 2021, the U.S. District Court, Northern District of California. This agreement outlines new, overarching guidance for adjudicating pending or future H-1B petitions for the position of market research analysts under the H-1B program. ...
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  • Federal Judge rules that the United States Cannot Stop Issuing Visas during Travel Bans

    A federal judge on Tuesday put a halt to the State Department practice of not issuing visas to travelers from other countries when travel bans are in place. The ruling, in response to a lawsuit, declares it unlawful for the State Department to use travel bans, which were issued to prevent the spread of COVID-19 by Presidents Donald Trump and Joe Biden, as a reason to stop processing visas for ...
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  • DHS Announces Designation of Croatia as a New Participant in the Visa Waiver Program

    Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken, designated Croatia as a new participant in the Visa Waiver Program (VWP). Starting no later than December 1, 2021, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Croatia to apply to travel to the United States for tourism or ...
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  • What Are the Requirements for an EB-3 (Skilled Worker) Visa?

    There are many types of work visas available for foreign nationals who want to work in the United States, depending on their education, skills, and experience. The EB-3 visa was created for workers who fit one of three categories: skilled worker, professional, or unskilled worker. Below our Dallas immigration attorneys explain what the three categories are and what other qualifications you need to ...
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  • Ultimate Guide to Employment-Based Adjustment of Status

    Foreign nationals working in the United States with an employment visa can remain in the country permanently by obtaining a green card through employment-based adjustment of status. Employment-based adjustment of status is a path that many foreign nationals can take if they have a secured job with an employer who is willing to sponsor their petition for a green card. Our team at Akula & Associates ...
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