Updated TN Visa Guidance
USCIS has clarified their Policy Manual regarding criteria for certain TN occupations as found here: https://www.uscis.gov/policy-manual/volume-2-part-p-chapter-6 Meanwhile, the Regulation listing all TN USMCA occupations appears here: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.6
Biological Sex of Person Determinative for USCIS
The biological sex of a person will control the gender option on federal immigration documents. See updated USCIS manual here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250402-RecognizingMaleAndFemaleSexes.pdf. Also see the Department of State’s issued update here: https://travel.state.gov/content/travel/en/passports/passport-help/sex-marker.html
COVID-19 Vaccinations No Longer Required
The U.S. State Department no longer requires COVID-19 vaccination for green card applicants. Updated vaccination requirements can be found here: https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements
Form I-140 Submission Procedure Updated
U.S. Citizenship and Immigration Services published a Federal Register notice providing updated procedures for submitting a Form I-140 whether for PERM, Schedule A Occupations or NIWs. Read more here: https://www.uscis.gov/newsroom/alerts/uscis-updates-filing-procedures-for-form-i-140
New H-1B Requirements
These new requirements mandate that specialized knowledge gained from a diploma or degree should link more clearly to the profession. Read more here: https://www.uscis.gov/newsroom/alerts/h-1b-final-rule-h-2-final-rule-and-revised-form-i-129-effective-jan-17-2025
Updated Policy Guidance on International Entrepreneur Rule
U.S. Citizenship and Immigration Services announced updated policy guidance on applications submitted under the International Entrepreneur Rule. Read more here: https://www.uscis.gov/newsroom/alerts/uscis-issues-updated-guidance-on-evidence-for-applicants-under-the-international-entrepreneur-rule
USCIS issues new guidance on EB-1 Eligibility
Extraordinary Ability Green Card category has some new policy guidelines, allowing some people to meet threshold requirements more easily. Read more here: https://www.uscis.gov/newsroom/alerts/uscis-issues-new-guidance-on-eb-1-eligibility-criteria-for-individuals-with-extraordinary-ability
Applicants Beware!
Unauthorized practice of law is an issue in every practice area of law. The practice, however, is especially common in the area of immigration law. Unauthorized individuals who represent themselves as immigration attorneys and notarios often take advantage of immigrants who are not knowledgeable about the legal issues in question, nor about standards governing...
Applicants Beware! Continue reading…RFEs Issued to Refresh Medicals (I-693) Pending Over One Year
Effective June 1, 2014, USCIS is issuing Requests for Evidence (RFE's) on Adjustment of Status Applications submitted for the green card asking applicants to submit a new Form I-693, Report of Medical Examination and Vaccination Record if the I-693 has been pending at US CIS for more than one year.
RFEs Issued to Refresh Medicals (I-693) Pending Over One Year Continue reading…Third-Country Nationals’ (“TCN”) Processing in Canada “Extremely Limited”
Last week, Department of State ("DOS") informed American Immigration Lawyers Association ("AILA") that "due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept TCN cases during the peak demand period of June, July, and August....
Third-Country Nationals’ (“TCN”) Processing in Canada “Extremely Limited” Continue reading…San Francisco Immigration Lawyer Q & A: Leaving the US while Advance Parole Application [I-131] is Pending
Question: I was granted asylum status 3 years ago. Based on that, I filed I-485 [application for adjustment of status] with an I-131 form for advance parole. On 08/23/11 my current Advance Parole will expire. I already filed for a new Advance Parole and did the biometrics [fingerprints] two month ago – but my...
San Francisco Immigration Lawyer Q & A: Leaving the US while Advance Parole Application [I-131] is Pending Continue reading…Q & A: EAD/AP Combo Card
Question: I have an I-485 (adjustment of status) application pending, based on a labor certification filed 6 years ago. I am waiting for my priority date to become current. I work in H-1B status, have an H-1B visa AND a valid EAD (employment authorization document) and AP (advance parole/travel document). My EAD and AP...
Q & A: EAD/AP Combo Card Continue reading…