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Author: Litwin & Smith

What Is Temporary Protected Status and What Are the Benefits in 2022?

Early in August, the US Citizenship and Immigration Services (USCIS) announced that it is reinstating a process that will allow people covered by Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) to apply for green cards in the US. This gives thousands of migrants the chance to become permanent residents, including many who technically entered the US

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Litwin & Smith 08/29/2022

USCIS Restores Path to Green Cards for TPS Holders

In a significant win for people with Temporary Protected Status (TPS), the federal government has officially reinstated a significant process that will allow them to apply for green cards. US Citizenship and Immigration Services (USCIS) has announced that it will once again permit TPS holders to leave and re-enter the US to receive an official inspection and admission to the

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Litwin & Smith 08/28/2022

H1B Request for Evidence: What You Need to Know

The two most well-known results of H1B applications are simple: approvals and denials. However, there’s a third possible response your H1B application may receive. In some instances, you may receive a “Request for Evidence” from USCIS. This is neither an approval nor a denial; it’s a sign that your application wasn’t complete. If you’ve received a Request for Evidence, don’t

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Litwin & Smith 06/01/2022

2023 H-1B Lottery Winners Must Submit Petition By June 30, 2022

The U.S. Citizenship and Immigration Services H1-B visa lottery has ended and the petition submission phase for those who were selected has begun. After USCIS H1-B visa registrations are marked “Selected,” those lottery winners will be able to download a PDF of the H-1B cap Registration Selection notice. This document includes detailed information about both your employee (the petitioner) and the

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Litwin & Smith 05/27/2022

Does the EB5 Visa Program Need A Tune-Up?

Congress created the EB5 visa program in 1990 as a tool to encourage foreign investments while giving immigrant investors the ability to attain lawful permanent residency and boosting the U.S. economy. However, critics say the program’s backlog discourages foreign investment. While the program’s aim to spur economic activity remains, the backlog – caused by increasing petition processing periods and the lack of

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Litwin & Smith 12/13/2021

3rd 2022 H1B Lottery Selection

USCIS recently determined the need to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, USCIS selected additional registrations from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and

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Litwin & Smith 11/23/2021

Considerations when seeking an employment-based adjustment of status

EB backlogs have long wait times for applicants around the world. Applicants from India and China, in particular, may have been caught in a decades-long wait. While you’re waiting for your priority date to become current, it is important that you maintain nonimmigrant status. You may be considering an employment-based adjustment of status. Options The American Competitiveness in the 21st

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Litwin & Smith 08/26/2021

Foreign students not selected in H1B cap lottery still have options

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do? Fortunately, there are still many

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Litwin & Smith 05/18/2021

3 steps you can take early on to improve your odds of I-140 acceptance

Most people seeking an employment-based visa have to follow similar steps in the application process. The first step is labor certification. The second step, in most cases, is filing the I-140 petition. You may make it through the labor certification phase without a hitch, only to face denial at the I-140 phase. This can be extremely disappointing. However, there are

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Litwin & Smith 05/14/2021

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The employers’ step-by-step guide to

THE H1-B PROCESS

FY2024

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