We’re Hiring!
Iandoli, Desai, and Cronin P.C. has an immediate opening for a full-time Immigration Paralegal. We are dynamic eight attorney and twelve paralegal immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia. The paralegal will primarily
Assist attorneys in the preparation and filing of employment-based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, O-1, E-2, E-3, L-1 and TN) petitions and supporting documentation.
Assemble petitions and application packages.
Communicate with individual clients, HR representatives and government agencies.
Help individuals gather necessary information/documents.
Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications.
Draft support letters and other documents
Track client communications and government correspondence
Additional administrative duties may include answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks.
Must have a bachelor’s degree and excellent writing, computer, interpersonal, organizational, and time management skills. Must be able to meet rigid deadlines and prioritize tasks.
NO JDs, LLBs, LLMs, or current/matriculating law students.
Please email résumé and cover letter to careers@iandoli.com
No phone calls please. Only those candidates selected for an interview will be contacted.
March 2023 Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For March 2023, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].
In February, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140. However, applicants from China and India are subject to the final action date of February 1, 2022.
The EB-2 preference category remains retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date. The priority date for all countries except India and China in the EB-2 preference is December 1, 2022. All otherwise qualified individuals with a priority date before December 1, 2022, may file their I-485 applications. The Visa Bulletin states the following regarding the EB-2 category:
“Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
The EB-3 preference category is “current” for all countries (excluding China and India) but is expected to backlog in the future. The Visa Bulletin states the following regarding the EB-3 category:
“Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
DHS Issues Correction to Notice of Special Student Relief for Ethiopia
On December 9, 2022, the U.S. Department of Homeland Security issued a notice announcing that F-1 nonimmigrant students from Ethiopia experiencing severe economic hardship due to the ongoing crisis in their home country were eligible for employment authorization under Special Student Relief (SSR). SSR is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F‑1 student from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility.
SSR applies when emergent circumstances occur, or world events that affect F-1 students from a particular region and create significant financial hardships, such as but not limited to:
Natural disasters.
Wars and military conflicts.
National or international financial crises.
On February 1, 2023, DHS issued the following date corrections to the December 9, 2022 notice:
Effective as of the December 9, 2022 notice, suspension of the employment limitations is available through June 12, 2024 for this in lawful F-1 nonimmigrant status as of the date of the December 9, 2022 notice.
During the period that this suspension is in effect, DHS will consider an F-1 nonimmigrant student who engages in a reduced course load or employment (or both) after the notice date to be engaging in “a full course of study” under 8 CFR 214.2(f)(6) and is eligible for employment authorization through the end of any academic turn for which such student is matriculated as of June 12, 2024 provided the student satisfies the minimum course load requirements in the notice.
If an F-1 nonimmigrant student would like to obtain a new TPS related EAD that is valid through June 12, 2024 and to be eligible for automatic EAD extensions that may be available to certain EAD categories, they must file Form I-765 and pay the required fee or request a fee waiver.
USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions
On February 22, 2023, USCIS issued an update in policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 nonimmigrant students who are work authorized under the SSR provisions of 8 CFR (or students experiencing severe economic hardship due to emergent circumstances, also known as special student relief (SSR)).
The update clarifies that in cases of severe economic hardship due to emergent circumstances, USCIS may grant off-campus SSR employment authorization to an F-1 nonimmigrant student for the duration of the Federal Register notice validity period. This employment authorization may not extend past the student’s academic program end date. This update notes that USCIS may issue employment authorization documents for the duration of the Federal Register notice, which is typically an 18-month validity period, as permitted by the relevant SSR Federal Register notice.
USCIS’s Policy Update can be found here.
F and M student visas can now be issued up to 365 days in advance of the I-20 program start date
The State Department announced on February 21st, 2023 that F or M visas for new students can be issued up to 365 days in advance of the start date for a course of study. Previously, students were only able to obtain F or M visas up to 120 days ahead of their program start dates. However, F and M visa holders will not be allowed to enter the United States on these visas more than 30 days before the start date.
The State Department’s overview of these student visa categories can be found here.
State Department has announced a pilot program for stateside visa renewals
On February 9th, 2024, Deputy Assistant Secretary for visa services in the Bureau of Consular Affairs Julie Stufft stated in an interview with Bloomberg Law that the State Department will be launching a pilot program later this year to offer visa renewal options within the U.S. to certain temporary visa holders. Currently, all temporary visa holders are required to go abroad to renew their visa stamps. Stateside visa renewals were available before being discontinued in 2004.
The State Department has not yet offered any details about the timeline for implementing this procedure for domestic visa renewals.
In the meantime, the State Department has continued to offer interview waivers for certain nonimmigrant visa applicants seeking to renew their visas abroad. More information about visa waiver eligibility from AILA can be found here.
Biden administration rolls out new asylum restrictions
On February 21st, 2023, the Biden Administration announced new restrictions on asylum eligibility for migrants arriving at the U.S. border. Under this proposed rule, asylum seekers who cross the southwest border of the U.S. without authorization and “without having (1) availed themselves of existing lawful processes, (2) presented at a port of entry in compliance with the rule’s requirements, or (3) been denied asylum in a third country through which they traveled, would be presumed ineligible for asylum unless they meet certain limited exceptions.” Applicants who are unable to show a valid claim to protection under the rule will be subject to prompt removal and may be subject to a five-year bar to reentry. The Department of Homeland Security’s fact sheet on the proposed rule can be found here.
The proposed rule will be posted in the Federal Register for a 30-day public comment period and will likely take effect in May, when a pandemic-era border restriction, known as Title 42’s pandemic related border restrictions are set to expire on May 11th. This new rule is expected to remain in effect for two years.
USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants
On February 14th, 2023, USCIS issued guidance in the agency’s Policy Manual on when an immigrant visa number is considered “available” for the purpose of calculating an applicant’s age under the Child Status Protection Act (CSPA).
Generally, a child who applies for permanent residency based on a parent’s approved immigrant visa petition must be under the age of 21. A child who “ages out” during the immigration process may lose their eligibility. Under the CSPA, the amount of time that an immigrant visa petition remains pending may be subtracted from the child’s age to determine whether they have “aged out” at the time their parent’s priority date becomes current.
Under the previous CSPA guidance, USCIS considered a visa available for purposes of the CSPA age calculation based only on the Final Action Date chart of the Visa Bulletin, even if the applicant could apply for adjustment of status using the earlier date in the “Dates for Filing” chart. Under this new guidance, USCIS will now use the Dates for Filing chart to calculate these noncitizens’ ages for CSPA purposes, which provides these noncitizens with more certainty about their eligibility to adjust status. If these noncitizens are eligible to adjust status because of the change in policy and they have filed for adjustment of status, they will also be eligible to apply for employment and travel authorization based on their pending adjustment of status application, and they generally will not lose previously issued employment or travel authorization.
FY 2024 H-1B Cap Registration Opens on March 1st
USCIS announced on January 27, 2023, that the H-1B initial cap registration period will open at 12pm EST on March 1, 2023 and run through 12pm EST March 17, 2023. Prospective employers and their representatives will be able to submit registrations for foreign workers using their myUSCIS online account. The nonrefundable registration fee is $10.
More information about the H-1B Lottery Registration process from the American Immigration Lawyer’s Association (AILA) can be found here.
Please contact Iandoli, Desai, and Cronin as soon as possible if you would like to register a foreign worker in this year’s H-1B lottery.
February Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For February 2023, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].
In February, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140. However, applicants from China and India are subject to the final action date of February 1, 2022.
The EB-2 preference category remains retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date. The priority date for all countries except India and China in the EB-2 preference remains November 1, 2022. All otherwise qualified individuals with a priority date before November 1, 2022, may file their I-485 applications.
The EB-3 preference category is “current” for all countries (excluding China and India) but is expected to backlog in the future. The Visa Bulletin states the following regarding the EB-3 category:
“Higher than expected number use in the Employment Third Preference “Other Workers” (EW) category, most notably amongst applicants with earlier priority dates, has necessitated further retrogressions in the worldwide final action date and application filing date for February to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Except for China and India, all countries are subject to a final action date of 01JAN20 and an application filing date of 01FEB20.”
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).