News

United States Customs and Border Protection (CBP) will extend border restrictions which block all nonessential land and ferry travel across the United States borders with Mexico and Canada through October 21, 2021.

Employers must have a comprehensive plan to manage the immigration status of the former company’s foreign employees when undergoing a merger, acquisition, or other entity change. Otherwise, employees could lose their immigration status and employers could be subject to penalties and other consequences.

Chugh, LLP Partner and Attorney Angelita Chavez leads a conversation on U visas, including how certain individuals with pending U visas can now get deferred action and an employment authorization document (EAD). She also discusses how to qualify for those benefits, what to expect from the U visa application process, …

U Visas: Qualifying for an EAD and Deferred Action while your Application is Pending Read More »

Consular officers can now expand the categories of F, M, and academic J visas that can be processed without an interview through the end of 2021.

A United States District Court has ordered the Department of State (DOS) to make an effort to expedite diversity visa (DV) 2021 application processing by September 30, 2021. Consular sections have been instructed to prioritize the scheduling and adjudication of additional DV-2021 applications.

Learn about how your company can utilize the L-1A visa to transfer employees from foreign offices to US ones. Chugh, LLP Join Immigration Attorney Joy Dungca shares important details on what is required of US employers and employees to qualify for the L-1A visa. This conversation was recorded on August …

The L-1A Visa for Company Transferees: What it Takes to Qualify Read More »

The United States State Department has released the October 2021 Visa Bulletin. United States Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart to accept employment-based adjustment of status applications. Individuals whose priority dates are before the cutoff date for their employment-based preference category and country may …

Most Employment-Based Cutoff Dates Do Not Change in October 2021 Visa Bulletin, While USCIS to Use Dates for Filing Chart to Accept Adjustment of Status Applications Read More »

Many individuals may need to travel internationally while their green card application is pending. However, international travel during this stage can be complicated and may carry serious consequences.

Employment Practices Liability Insurance (EPLI) is an insurance policy available to business owners and companies that protects them against lawsuits from potential, current, and past employees alleging that their legal rights have been violated. These policies reimburse companies for costs incurred to defend a lawsuit in court and to respond …

Why Your Business May Need Employment Practices Liability Insurance (EPLI) Coverage Read More »

United States Citizenship and Immigration Services (USCIS) will extend the time certain receipt notices can be presented as evidence of immigration status. Beginning on September 4, 2021, petitioners filing Form I-751, Petition to Remove Conditions on Residence or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status …

USCIS Extends Evidence of Status of Certain Receipt Notices Read More »

Chugh, LLP Attorney Diya Mathews addresses common concerns of Indian nationals who are ready to adjust status to US permanent resident or green card holder but are missing their Indian birth certificate or have an unregistered birth. She discusses what documentation you can use instead when applying for your green …

Don’t Have Your Indian Birth Certificate? Solutions and Practical Advice for Adjusting Status to Lawful Permanent Resident Read More »

Based on the current situation in Afghanistan, the Department of Homeland Security (DHS) released a memo stating that the United States will relocate vulnerable Afghan nationals to the United States. The agency will focus first on Afghans with pending family-based immigration, special immigrant visas, and refugee program cases. DHS will …

DHS to Provide Parole to Certain Eligible Afghan Citizens Read More »

Los Centros para el Control y la Prevención de Enfermedades, CDC (por sus siglas en inglés) exigirán la vacuna contra el COVID-19 para los solicitantes de tarjeta verde y visa de inmigrante a partir del 1 de Octubre de 2021.

Beginning on October 1, 2021, most green card and immigrant visa applicants must be fully vaccinated against COVID-19 as part of their medical examination for lawful permanent residence. This Centers for Disease Control (CDC) order applies to adjustments of status and to those applying for immigrant visas at US consulates …

CDC to Require COVID-19 Vaccine for Green Card and Immigrant Visa Applicants Starting October 1, 2021 Read More »

Jagan Tamirisa knew that he wanted to work in the immigration field since interning in this discipline during his law school days. Jagan remains committed to delivering a high standard of service because he knows that his work can make a real impact on immigrants, helping them maintain their livelihoods …

Driven by Client Service and the Law: Jagan Tamirisa in Immigration Read More »

Join Chugh, LLP Attorneys Joy Dungca and Vandana Marath for an overview of B-1 and B-2 visas, which activities qualify for each visa, and which individuals may be eligible for each visa status.

The United States Departments of Homeland Security (DHS) and Justice (DOJ) will publish a notice of proposed rulemaking on August 20, 2021 that would allow United States Citizenship and Immigration Services (USCIS) asylum officers to adjudicate asylum applications, withholdings of removal, or protection under the Convention Against Torture (CAT) for …

DHS and DOJ Propose to Allow Asylum Officers to Fully Adjudicate Cases Read More »

During this pre-recorded event from September 8, 2020, Chugh, LLP immigration professionals discuss what each visa category is used for, who qualifies for each visa, how to apply, and more.

Join Chugh, LLP Partner and Attorney Navdeep Meamber and Immigration Consultant Jagan Tamirisa for an informative conversation on the green card downgrade process from EB-2 to EB-3: whether to get premium processing, how it impacts your child when they turn 21, and what downgrading entails. They also discuss whether you …

Employment-Based Green Cards: Downgrading, Premium Processing, Aging Out, and More Read More »

The United States State Department has released its September 2021 Visa Bulletin. United States Citizenship and Immigration Services (USCIS) will again honor the Final Action Dates chart for employment-based adjustments of status.

The Senate passed a new $3.5 trillion Democratic budget plan on Wednesday, August 11 including funds to create legislative policies that may open the door to legal permanent status for qualified foreign nationals and to strengthen border security.

During this informative conversation, Chugh, LLP Partner and Attorney Jaymen Chavda discusses some of the most important factors to consider when setting up a branch of your foreign company in the United States. This event was recorded live on August 12, 2021.

During this pre-recorded event from September 8, 2020, Chugh, LLP immigration professionals discuss what each visa category is used for, who qualifies for each visa, how to apply, and more.

Individuals may now apply for a Social Security number (SSN) as part of the application process to adjust status to lawful permanent resident, or green card holder. Prior to the policy change, applicants would need to apply for an SSN at a Social Security office.

Under Rule 5.4, nonlawyers in the United States cannot hold ownership in law firms, partner with lawyers, or share legal fees with attorneys.[1] However, this policy has changed in certain US states and could even change nationwide. A repeal of Rule 5.4 could benefit larger law firms, while hurting the …

Rule 5.4: Potential Changes to the Ownership Structure of Law Firms Read More »

According to new policy guidance announced today, United States Citizenship and Immigration Services (USCIS) will consider children born outside of the United States through assisted reproductive technology (ART) as born “in wedlock.”

The United States Departments of Homeland Security, Labor, and State have released new regulatory agendas which include priorities and rulemaking timelines for each agency. All the agendas have been published in the Federal Register, except the State Department’s, which may soon be published in the Federal Register but is currently …

Federal Immigration Agencies Issue Regulatory Agendas Read More »

United States Citizenship and Immigration Services (USCIS) has extended its flexibility for students requesting Optional Practical Training (OPT) to accommodate for delays in the application process. The flexible policy originally applied to Forms I-765, Application for Employment Authorization filed through May 1, 2021, and has been extended to applications filed …

USCIS Extends Accommodations for F-1 Optional Practical Training Read More »

El Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS por sus siglas en inglés) ya no aceptará solicitudes de reprogramación por escrito para citas biométricas en la Unidad de Procesamiento biométrico (BPU) en Alexandria, VA.

New F-1 visa regulations allow foreign nationals to await a change of status (COS) to an F-1 student visa without applying to change or extend their nonimmigrant status. Previously, these individuals had to file bridge applications to avoid a gap in their current nonimmigrant status. Join Chugh, LLP Attorney Gladys …

Bridging the Gap for F-1 Students: What New Immigration Policy Means for Your Application Process Read More »

On July 28, 2021, United States Citizenship and Immigration Services (USCIS) conducted a second round H-1B lottery selection process for fiscal year (FY) 2022. The agency did not receive enough H-1B petitions during the initial filing period to meet the annual quota of 85,000 H-1B visas for FY 2022. Employers …

USCIS Conducts a Second Round Lottery Selection of H-1B Cap Visas for FY 2022 Read More »

United States Citizenship and Immigration Services (USCIS) will l no longer accept written reschedule requests for biometrics appointments at the Biometrics Processing Unit (BPU) in Alexandria, VA. Instead, applicants will need to call the USCIS Contact Center to reschedule an appointment and establish good cause for the change. The new …

Guidelines for Rescheduling a Biometrics Appointment Read More »

Nonprofit organizations (NPOs) are corporate entities established to benefit the public rather than private individuals. Also known as 501(c)(3) organizations, NPOs operate exclusively for tax-exempt reasons, which may include religious, charitable, educational, literary, and scientific purposes.

The International Entrepreneur Parole Program (IEP) offers certain foreign nationals the opportunity to enter and remain in the United States to work on their start up business.

Joy Dungca’s favorite part of her job as an immigration attorney is encountering new challenges daily. Says Joy, “Every day I find myself in a different situation than what I had planned. I have learned to love challenges and overcoming them. My job is fascinating, overwhelming, and satisfying.”

Due to a recent legal challenge to the Deferred Action for Childhood Arrivals (DACA) program, United States Citizenship and Immigration Services (USCIS) will stop processing initial DACA applications.

United States Citizenship and Immigration Services (USCIS) will no longer require applicants who have submitted a change of status (COS) to F-1 student to change or extend their nonimmigrant status while their COS is pending.

After a Texas federal judge suspended the Deferred Action for Childhood Arrivals (DACA) program on Friday, July 16, 2021, United States Citizenship and Immigration Services (USCIS) has confirmed that it will continue to process DACA renewal applications, employment authorization, and advance parole requests for current DACA grantees.

Choosing where to incorporate your business can have a multitude of tax and legal consequences. Many businesses will not see a benefit in incorporating outside of their home state, because they will be subject to compliance requirements and taxes in both their state of incorporation and their home state.

On Friday, July 16, 2021, Texas federal judge Andrew Hanen ruled that the Deferred Action for Childhood Arrivals (DACA) program is illegal and should be suspended. The program has survived other legal challenges, including President Trump’s attempts to shut it down. The ruling will only affect future DACA applicants and …

Texas Federal Judge Orders Suspension of Daca Program Read More »

The August 2021 Visa Bulletin has been released by the State Department. United States Citizenship and Immigration Services (USCIS) also announced that for employment-based categories, it will use the Final Action Dates chart to accept applications for adjustment of status to lawful permanent resident.

Due to a large backlog of immigration applications, review times at United States Citizenship and Immigration Services (USCIS) are delayed for most applications and services.

The United States Department of Homeland Security (DHS) and other federal agencies have released updated guidance on acceptable receipts for Form I-9. All employees are required by law to provide documentation confirming identity and employment authorization. The new rule provides guidance for best practices when an employee provides a document …

Updated Receipt Guidelines for Form I-9 Read More »

United States Citizenship and Immigration Services (USCIS) has stated that it will not accept Form I-485 adjustment of status applications based on approved Form I-526 petitions that are affiliated with the expired EB-5 Regional Center Program.

On June 29, 2021, the US State Department extended all National Interest Exceptions (NIEs) issued during the previous 12 months. The validity period for all affected NIEs will be extended for 12 months from the date of approval unless travelers have special circumstances.

Join Chugh, LLP Attorney Min Kim for a discussion on what international travel is possible for individuals with pending H-1B visas, adjustment of status applications, and employment authorization documents (EAD). He also covers what travel is allowed for individuals on F-1 optional practical training (OPT) without an EAD.

Congress has not reauthorized the EB-5 Regional Center Program beyond its original expiration date of June 30, 2021. The EB-5 Regional Center Program is usually reauthorized once a year and has never been permanent.

Many companies are grappling with the process of returning to work during the COVID-19 pandemic. This conversation features Chugh, LLP legal expert Dilawar Fazal and Outreach Manager Neha Mahajan as they discuss what to do if your employees do not want to return to work, how to handle COVID-19-related workplace …

Developing a Return to Work Policy During the COVID-19 Pandemic Read More »

Businesses will need strong contracts to protect their interests throughout their lifecycle. During this introductory presentation, Attorney Hooman Yavi provides an overview of some contract law basics, including the general requirements for a contract, when a contract must be in writing in California, important components of a contract, protecting intellectual …

The Basics of Contract Law: What Business Owners Should Know Read More »

United States Citizenship and Immigration Services (USCIS) will now accept resubmitted fiscal year (FY) 2021 H-1B cap subject petitions that were rejected or administratively closed because the requested start date was after October 1, 2020.