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FOR THE WEEK OF SEPT. 26, 2022

DHS

  • TPS for Burma extended 18 months
    • Extended from 11/26/2022 through 5/25/2024
    • Notice will be published in the Federal Register on 9/27/2022

IER – DOJ activity

  • Focus on online job postings containing discriminatory preferences
  • Postings discriminated against non-U.S. citizens because they contained citizenship restrictions
  • Previous investigations in June 2022 regarding job postings that showed preference for foreign workers
  • Carefully review job postings and provide training to talent acquisition/recruiters

FOR THE WEEK OF SEPT. 19, 2022

USCIS

  • USCIS accepts premium processing for certain pending EB-1 and EB-2 I-140 petitions
    • Starts September 15, 2022
    • Multinational manager I-140s received by USCIS on or before 1/1/2022
    • National interest waiver (NIW) I-140s received by USCIS on or before 2/1/2022
    • Adjudication within 45 days of filing premium processing request

FOR THE WEEK OF SEPT. 13, 2022

I-9

  • TPS Extended for Venezuela
    • EADs automatically extended through Sept. 9, 2023.

USCIS

  • USCIS submitted a declaration in a Federal court case about employment-based visa number availabiity
    • EB-1, EB-2 and EB-3 unavailable for the rest of September 2022
  • Narrower “public charge” rule adopted, effective December 2022
    • Less stringent than Trump-era public charge rule
  • FY2023 EB AOS FAQs
    • Employment-based limit for immigrant visa numbers in 2023 projected to be 200,000, which is 80,000 fewer than 2022

FOR THE WEEK OF SEPT. 6, 2022

I-9

  • Auto extend for Employment Documents
  • EADs: using Nunc pro tunc to obtain an Auto extension
  • Proposed regulation about remote document inspection
  • COVID-related flexibility regarding remote document inspection ending in October 2022

DOL

  • Review of H-2B worksites for compliance
  • $7.2 million investment in PERM system

USCIS

  • Flexibility regarding RFE deadlines extended for the last time
  • DACA final rule announced
  • Credit card usage for filing fees
    • Form G-1450 per application/petition filed
    • $24,999.99 per day limit
    • EB-5 payment for I-956F forms with $17,795 filing fee is successful

IER – DOJ activity

Acquisitions/M&A

Third-party contractors

  • FDNS visits to customer sites to verify third-party contractors
    • FDNS focus on contractors who hire TN, H-1, H-1B1 and E-3 employees and place them at customer sites.
    • Prepare for visits by any government employee who may want to interview direct employees and/or contractors.
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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

 Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Photo of Rebecca B. Schechter ‡ Rebecca B. Schechter ‡

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher…

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify audits. Rebecca has a thorough understanding of third party contractor issues and experience handling complex naturalization, deportation defense, family and employment-based adjustment applications.

Admitted in Maryland and Connecticut. Not admitted in Virginia. Practice limited to federal immigration practice.