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San Francisco Immigration Law Blog

Leaked Memo Indicates Biden Administration Could Authorize Employment for Certain Visas

Last year, the White House released an announcement stating, “The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and technological competitiveness.” This statement was made in connection with several systems intended to clarify the visa processes for STEM workers, and confirmed that the administration intends to continue making

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Litwin & Smith 02/23/2023

USCIS Proposes Adjustments to Visa Application Fee Structure

In January, U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule that would significantly alter fee structures for many visa applications. The USCIS proposal is intended to cover the costs associated with these applications, as the agency is primarily funded through filing fees.  According to the announcement, USCIS thoroughly reviewed the costs associated with immigration and naturalization applications of

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Litwin & Smith 02/21/2023

USCIS Resolves Lawsuit Impacting H-1B and L-1 Visa Holders

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) has settled a lawsuit that could ease burdens on H-1B and L-1 visa recipients and their families. The recent settlement of Edakunni v. Mayorkas could significantly reduce work authorization processing times for spouses of these visa beneficiaries. The case focused on the 2019 decision to “unbundle” the

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Litwin & Smith 02/19/2023

What You Need to Know About New Border Enforcement Actions

In an official fact sheet released by the White House on January 5th, 2023, the Biden-Harris Administration announced a series of new border enforcement actions that may impact migrants to the U.S. The fact sheet covers the administration’s plans regarding border security and immigration from Central and South American countries, including Haiti, Venezuela, Nicaragua, and Cuba.  The announcement comes following

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Litwin & Smith 01/28/2023

Hiring Laid-Off H1B Visa Holders

Significant layoffs in the technology industry have put pressure on many current H-1B visa holders who have just been let go. Employers who choose to fire a worker in the country on an H-1B visa release their sponsorship. As such, the employee’s visa no longer allows them to remain in the country until its original expiration date. Once they have

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Litwin & Smith 01/27/2023

Employers: Prepare for the 2024 H-1B Season

The H-1B visa is one of the most coveted non-immigrant visas offered by the United States. The popularity is due to foreign nationals’ ability to have dual intent. This is the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually.  However, the U.S. has a cap each year

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Litwin & Smith 01/26/2023

How TPS Holders Can Apply for Green Cards

People in the US with Temporary Protected Status (TPS) now have a path to apply for green cards. Under the Trump administration, the US Citizenship and Immigration Services (USCIS) had halted a critical process that allowed many foreign nationals to apply for permanent residency. However, the agency has reinstated this process, once more allowing TPS holders to pursue their green

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Litwin & Smith 08/31/2022

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

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THE H1-B PROCESS

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