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United States Citizenship and Immigration Services (USCIS) announced this week that, due to the pandemic, the production of Form I-766 employment authorization documents (EAD) is delayed. Form I-766 is an accepted document on list C of the I-9 employment verification form. In light of the delays, USCIS is temporarily accepting EAD approval notices – Form I-797, Notice of Action – with a notice date on or after December 1, 2019 through and including August 20, 2020, for purposes of Form I-9. This temporary exception will be in effect until December 1, 2020.
It is important to remember that a list C document alone is not sufficient to satisfy I-9 requirements. An applicant presenting Form I-797 during the exception period would still need to provide an acceptable list B document to establish identity. I-9 verification is contingent upon proof of both identity and work authorization.
On July 13 GYH filed a lawsuit against USCIS on behalf of its client over the denial of the H-1B petition for an accountant. The lawsuit argued that the agency was ignoring its own guidance regarding degree equivalencies when it denied the H-1B petition on the basis that the applicant did not have the required education for the visa.
Because different countries have different systems of degrees and certifications, and many expert-level professionals learned on the job rather than in school, USCIS allows petitioners to justify how and why their combined education and experience is the equivalent of the required degree. USCIS denied the petition of this accountant despite substantial evidence, including expert letters attesting to the legitimacy of the accountant’s qualifications. The lawsuit argued, "USCIS' denial of the petition contravenes and fundamentally disregards the substantial, credible, and undisputed evidence in the record and was arbitrary, capricious, and an abuse of discretion."
Just over a month after the lawsuit was served, GYH’s client received an Approval Notice for the
H-1B petition. GYH is thrilled that this deserving professional may continue to serve the organization at which they are critically needed.
If you think your or your employee’s petition was wrongfully denied and want to know how GYH can help, contact us at firstname.lastname@example.org.
USCIS announced major changes to its fee schedule for immigration benefits, including substantial increases for many popular visa categories. These changes, which go into effect October 2, 2020, are concerning for many immigrants, employers, families, and attorneys. In this video Ruth Young, Legal Writer at GYH, details the most significant filing fee changes announced in the new USCIS final rule.
We are elated to announce that Yeon Me Kim was recognized in “Ones to Watch” for the first time this year. This new listing acknowledges excellence in attorneys who have been practicing for five to nine years.
Best Lawyers recognition is based entirely on peer review. Congratulations to our attorneys for the well-deserved accolades!