Posts in Green Cards.

Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. Specifically, all green card applicants who receive their medical examination from a designated civil surgeon/panel physician (“Physician”) on or after October 1, 2021 must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact applicants who have their Physician complete Form I-693 ...

Posted in: COVID-19, Green Cards

On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy aims to reopen following the COVID-19 crisis.  The President initially indicated an intent to suspend all immigration, but the final Executive Order was much more limited.

Effective April 23, the order temporarily suspends the entry of those seeking to enter the United States as new Lawful Permanent Residents (more commonly known as Green Card holders) for 60 ...

Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?”  While the answer varies depending on the particular Green Card strategy and the candidate’s country of birth, the Visa Bulletin is always a factor that must be considered.  Particularly for Indian and Chinese nationals, Visa Bulletin backlogs can delay issuance of a Green Card for many years.  In some cases, the wait can be nearly a decade.  In this post, we explain the Visa Bulletin’s function.  In our third ...

Posted in: Green Cards

PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers.  PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card sponsorship.  As Part One of Burr and Forman, LLP’s Summer Green Card Series, we look at the PERM process so employers can understand what to expect and how to successfully prepare applications.

What is PERM?

PERM stands for Program Electronic Review Management and is the web-based program operated by the Department of Labor (“DOL”) for obtaining Labor ...

Posted in: Green Cards

Hear from Jon Eggert on the special green card rules as it relates to Colleges & Universities. For questions, please contact Melissa Azallion or Jon Eggert of McNair's immigration team at (843) 785-2171.

After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian nationals who comprise the highest percentage of current H-4 work authorized beneficiaries.

Spouses and children of H-1B visa holders receive H-4 status so they can remain in the United States with their H-1B beneficiary relative. Historically, individuals in H-4 status were not granted work authorization. In 2015, the Obama Administration implemented a ...

On October 1, 2017, United States Citizenship and Immigration Services ("USCIS") began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has waived the interview requirement for employment-based petitions when the beneficiary applies for a green card while already lawfully admitted in the United States.

The interview mandate is directly related to President Trump's "Protecting the Nation from Foreign Terrorist Entry Into the United States" Executive Order and applies to all ...

In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American Immigration for Strong Employment (RAISE) Act has similarities to other points-based immigration systems, such as those in Canada, Australia, or the newly implemented system in China. The RAISE Act is "merit-based," focusing heavily on advanced-level, skills-based employment and education (with financial investments also a consideration), and a ...

The United States Citizenship and Immigration Services (USCIS) continues to take action in its efforts to deter fraud. Lawful Permanent Resident cards, more commonly referred to as "Green Cards," have undergone at least 5 changes since their post-World War II debut, and Employment Authorization Cards ("EADs") have borne at least as many. On May 1, 2017, USCIS began issuing redesigned cards with enhanced graphics and fraud-resistant security features that should be generally agreeable to HR staff, yet an impediment to would-be scammers.

The new features on the cards include the ...

The United States is facing a monumental physician shortage. According to The Washington Post, our aging population may need as many as 90,000 additional physicians by 2025.

In an effort to ameliorate the problem and combat the shortage of physicians in Medically Underserved (MUA) and Health Professional Shortage Areas (HPSA), Congress passed the Conrad 30 Program. Conrad 30 makes it easier for foreign nationals with foreign medical degrees, also known as foreign medical graduates (FMG), to stay and work in the United States after completing their medical residency.

Every year ...

On November 20, 2014, President Obama announced an executive action program on immigration that will likely impact businesses and families in the coming months. Key provisions of the program are summarized below.

Deferred Action

The President expanded and modified the Deferred Action for Child Arrivals (DACA) program. Under the new Deferred Action for Parental Accountability (DAPA) program, undocumented parents of children who are either United States citizens or lawful permanent residents as of November 20, 2014 may apply for work authorization for a three year period. To ...

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