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Category: Immigration Policy

USCIS Declares Adjustment of Status an “Extraordinary” Discretionary Benefit: What It Means for Applicants

USCIS Declares Adjustment of Status an “Extraordinary” Discretionary Benefit: What It Means for Applicants By Litwin Smith • May 2026 On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reminding its officers and the public that adjustment of status under Section 245 of the Immigration and Nationality Act (INA) is not a right. It is,

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Green Cards Are Not Untouchable: What Lawful Permanent Residents Need to Know Right Now

Green Cards Are Not Untouchable: What Lawful Permanent Residents Need to Know Right Now A green card—formally known as lawful permanent resident (LPR) status—has long been considered one of the most secure immigration statuses available in the United States, short of citizenship. It grants the right to live and work permanently in this country, to travel abroad and return, and

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I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule?

I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule? For persons in the United States on H-1B status who have recently been laid off or are concerned about their future employment, this set of Questions and Answers addresses these issues. Please note, however, that this is general information and is not intended to

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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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YouTube Your Way to the USA

Our firm has fielded many inquiries regarding work as a YouTube Creator and employment-based petitions and employment authorization. This article summarizes these inquiries. What is YouTube and What Does it mean to be a YouTube Creator? YouTube is an American online video-sharing platform headquartered in San Bruno, California that allows users to upload, view, rate, share, add to playlists, report,

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Pregnancy is no longer considered a pleasure for B visa holders.

Trump has recently announced its changes to the B-1/B-2 tourist visa in its effort to “eliminate the criminal activity associated with the birth tourism industry.”  Trump has recently announced its changes to the B-1/B-2 tourist visa in its effort to “eliminate the criminal activity associated with the birth tourism industry.” According to the administration “an entire “birth tourism” industry has

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Immigrants to be denied visas if they can’t afford health care

The current administration said it would deny visas to immigrants who are unable to prove they can pay for their own health insurance or medical costs once they become official residents of the United States. The administration justified the move by saying immigrants are three times as likely to lack health insurance coverage, which would impose a burden on American

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USCIS Seeks to Limit EAD for Foreign Nationals Paroled Into the US

Litwin & Smith recommends that you maintain your H-1B. Adjustment of Status EAD cannot be relied upon. U.S. Citizenship and Immigration Services (USCIS) issued a immigration policy alert on August 19, 2019, stating that USCIS is enhancing its adjudicators’ discretion to grant or deny work permits to foreign nationals paroled into the United States under INA 212(d)(5). This policy change

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DHS will perform site visits to STEM OPT employer locations.

Until recently a provision in the May 2016, STEM OPT regulation was not enfored. Current immigration policy (81 FR 13039) clarifies DHS discretion to conduct employer site visits at worksites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences. While DHS had the

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