1.      (d)(3) Waiver Review Time For DACA Recipients, DREAMers, and Those With Complex Immigration Backgrounds Seeking Work in the US Department of State updated its Foreign Affairs Manual, formally lengthens typical processing time of 212(d)(3) waiver from 180-240 days up to 365 days.  The (d)(3) waiver is a broad and discretionary waiver that “forgives” certain factors that bar a visa applicant from admission.  If successful, it allows some nonimmigrant applicants with co

The annual allotted cap of 66,000 H-2B visas consistently fails to meet the demand.  To address the sheer volume of H-2B applications it receives, the Department of Labor uses a system of randomized selection to determine the order in which it processes the applications.  This system is commonly referred to as the H-2B lottery.  In this article, we explain the why and how of the H-2B lottery process, as well as options for employers who “lose” the lottery. Background There ar

H-1B registration period ended yesterday.   Good luck, everyone. Shortening of Automatic Work Permit Extension for TPS Holders Several recent federal court orders compelled work permits to be extended for Temporary Protected Status ("TPS") holders from Ethiopia, Burma, and Syria.  Unfortunately, the extensions come with a setback. Those who apply to renew their work permits typically receive an automatic extension of their existing work permit.  The period used to last 540 d