Post-Employment Options for Nonimmigrants Part 2:

Workers with an approved employment-based immigrant visa petition (Form I-140) facing specific circumstances may qualify for a Compelling Circumstances Employment Authorization Document (EAD) for up to one year. This provision applies when individuals lack an available immigrant visa in the Department of State's Visa Bulletin and encounter compelling circumstances.

Tips for Smooth Paper Filings

In the era of increasing digitization, the U.S. Citizenship and Immigration Services (USCIS) emphasizes the importance of specific practices when filing paper documents with a USCIS service center to streamline the scanning and processing procedures. To enhance efficiency and avoid potential delays, it is recommended not to hole punch, staple, paper clip, binder clip, or attach documents together in any way.

USCIS clarifies physical presence guidance for asylees and refugees

Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) has issued a clarification regarding the physical presence requirement for asylees and refugees applying for adjustment of status. According to the updated guidance in the USCIS Policy Manual, both asylees and refugees must have been physically present in the United States for a period of one year at the time of adjudicating their Form I-485, Application to Register Permanent Residence or Adjust Status.

Post-Employment Options for Nonimmigrants

The U.S. Citizenship and Immigration Services (USCIS) has issued guidance for nonimmigrant workers facing termination of employment, whether voluntary or involuntary. Individuals in this situation may explore various options to stay in the United States within an authorized stay period, adhering to existing rules and regulations.

Submit all necessary documents, including Form I-693, for Form I-485

A friendly reminder emphasizes the importance of submitting all required initial evidence and supporting documentation concurrently with the filing of Form I-485, the Application to Register Permanent Residence or Adjust Status. Although the "Checklist of Required Initial Evidence" is an optional preparatory tool, adhering to its guidelines alongside statutory, regulatory, and form instruction requirements can save time and streamline the process.

Online Filing for Asylum Applicants

U.S. Citizenship and Immigration Services (USCIS) has announced a new initiative allowing specific asylum applicants to submit Form I-765, the Application for Employment Authorization, online. This change is particularly relevant for applicants falling under category (c)(8), which includes those with pending asylum applications and withholding of removal, as well as applicants under the ABC Settlement Agreement.

USCIS Clarifies Eligibility for O-1B Visa:

U.S. Citizenship and Immigration Services has released policy guidance clarifying the evaluation of evidence for determining eligibility under the O-1B visa classification. This pertains specifically to nonimmigrants demonstrating extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

USCIS Clarifies Work Authorization for Students:

U.S. Citizenship and Immigration Services (USCIS) has released clarified policy guidance in the USCIS Policy Manual regarding the validity period of employment authorization for F-1 nonimmigrant students under Special Student Relief (SSR) provisions. This clarification addresses situations of severe economic hardship due to emergent circumstances.

USCIS Expands ADIT Mailings:

USCIS has introduced an additional mail delivery process for lawful permanent residents to obtain temporary evidence of their status, eliminating the need for a physical visit to a field office for the Alien Documentation, Identification, and Telecommunication (ADIT) stamp, commonly known as an I-551 stamp.