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On February 24, 2021, USCIS announced that it would expand its premium processing service option to employers filing E-3 petitions on behalf of Australian citizen beneficiaries.  Prior to this announcement, employers would have to wait several months for USCIS to adjudicate an E-3 petition – leaving the Australian citizen employee in limbo while waiting for a decision.  The USCIS filing fee for an E-3 petition premium processing is $460 + $2,500.  USCIS officers must adjudicate a petition submitting via premium processing within 15 business dates of receipt.  Learn more about the E-3 visa for Australians and feel free to contact us for more information.

Non-citizens with a pending application for adjustment of status with USCIS are eligible to apply for a temporary work permit known as and Employment Authorization Document (EAD).  There is no USCIS fee to apply for an EAD so it is recommended that everybody applies for one regardless of whether they intend to seek employment or not. An EAD helps the applicant apply for a Social Security Number and a driver’s license.

While timelines vary, it usually takes USCIS at least six months to issue an EAD.  There may be some instances where you need to seek employment sooner – such as an emergency financial situation.

In emergency cases, it may be possible to request an Emergency Employment Authorization Document with USCIS.  To do so, you should call USCIS at (800) 375-5283 and request an InfoPass appointment.  A USCIS representative will ask you for the basis of your request.  You should be prepared to have supporting documentation, including proof of the financial need or emergency, as well as your I-485 receipt number.

The USCIS representative will schedule an InfoPass appointment at a local field office on your behalf.  You may also be asked to fax in the supporting documentation instead.  If USCIS is satisfied with your request, it will issue an EAD card.

The lottery for the 2022 fiscal year H-1B electronic lottery registration begins on March 9, 2021 and closes on March 25, 2021.  During this window, employers pay $10 to register their company and the employee they want to sponsor for an H-1B.  Employers can register as many employees as they wish, though no employee can be registered twice with the same company.  The lottery will take place between March 26th and March 30th, with USCIS likely announcing those who were selected (and not selected) on April 1, 2020.

Assuming the same procedure this year, those were are selected in this year’s lottery will have until June 30, 2021 to submit their H-1B petitions to USCIS.  Last year, USCIS had a surplus of available visas and conducted a second lottery in the fall of 2020.

Learn more about the H-1B visa and feel free to email us if you are interested in registering in this year’s lottery.

For most people traveling to the United States, going through Customs and Border Protection is a routine procedure.  For others, it may be a nightmare.  In fact, many people are routinely sent into secondary screening inspection because they were flagged by the CBP officer.  It may be for a previous criminal arrest or having a name similar to someone on the no-fly list.  If you are regularly sent to secondary inspection for an issue that is easily resolvable upon review by a CBP officer, it is worth looking into the Department of Homeland Security’s Traveler Redress Inquiry Program (TRIP).  Under this program, applicants can submit an inquiry regarding their case to the Department of Homeland Security.  CBP will review your inquiry and investigate it with the relevant agencies.  Once it has concluded its investigation, your records will be updated and you will be sent a final determination letter.  For many, this will resolve issues in the future.  There is no fee for this service, so please consider it if you have had problems with CBP at land borders or airports.

 

E-2 visas for Mexican citizens

Prior to August 2020, a Mexican national who was approved for an E-2 investor visa was issued a 12-month multiple entry visa.  Now, Mexican nationals can choose between a 12-month visa or a 48-month (4 year) visa.  Given the short duration of a 12-month visa, Maximilian Law Inc. recommends all applicants to choose the 48-month visa.

Email us if you are a Mexican citizen looking to purchase or start a business and apply for an E-2 visa.