It’s time to prepare for this year’s H-1B cap visa lottery. Generally, this applies to any employer who would like to sponsor a foreign national who has never held H-1B status.
What you can do now:
Review your roster of foreign national employees, focusing on:
Any employees with CPT or OPT (even if they have a year or two of STEM OPT left, we recommend applying annually to get the most “bites at the apple”)
Any employees in other non-immigrant statuses that expire within the next year (when you will next be able to sponsor H1B workers)
Any former employees you would like to bring back/potential new hires
Contact our firm (sooner is better) for a complimentary 15-minute consultation to discuss next steps.
COVID Tests Required for Travelers from China
As of January 5, 2023, all travelers entering the U.S. from China, Hong Kong, or Macau will be required to submit a negative COVID-19 test before entering the country. Passengers two years and older originating from China will be required to get a test (such as a PCR test or an antigen self-test administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority) no more than 2 days before their departure from China, Hong Kong, or Macau, and show a negative test result to the airline upon departure, regardless of nationality and vaccination status.
Airline passengers flying through Incheon International Airport in South Korea as well as Toronto Pearson and Vancouver International Airports in Canada will also need to test negative for COVID-19 before heading to the U.S. if they were in China within the previous 10 days.
This measure comes after a surge of COVID-19 cases in the People’s Republic of China.
New Form I-485
United States Citizenship and Immigration Services (USCIS) published a new edition of Form I-485 (application for permanent residence or to adjust status) in response to its newest Public Charge Grounds of Inadmissibility final rule, which took effect December 23, 2022.
Since 1999, the U.S. government has defined a “public charge” as anyone likely to need public benefits. Prior to 2018, USCIS officials did not often deny green cards based on public charge grounds. The Trump administration, however, expanded the definition of public charge to make it more challenging for low-income immigrants to get green cards. This Biden administration’s new final rule affirms the definition of public charge under the original 1999 guidance. As part of this new rule, all green card applicants applying from within the U.S. will need to submit a new version of Form I-485. The new form asks for additional information to assess the applicant’s likelihood of becoming a public charge. For example:
Information about your income, assets, and debt amounts.
Information about your highest level of education, your professional certifications, and your job skills.
Information on receipt of public benefits, such as Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF).
USCIS has provided limited guidance as to how it will apply the new rule when evaluating green card applications.
Yemeni TPS Extended
The Department of Homeland Security (DHS) announced the redesignation of Yemen for Temporary Protected Status (TPS) and an 18-month extension due to “ongoing violent conflict” in the country. The redesignation allows for certain Yemeni nationals residing in the U.S. as of December 29, 2022 to register for TPS for the first time. Registrations will be accepted from January 3, 2023 to September 3, 2024.
The extension allows existing TPS beneficiaries to re-register for TPS between January 3, 2023 and March 4, 2023 for an extension through September 3, 2024.
Firm News
New Attorneys at GYH
In the second half of 2022, GYH eagerly welcomed two new attorneys in its Bethesda office.
Claudia Cedeño joined Grossman Young after spending over six years working at Embassy of Mexico. There, she served as attorney at the Legal Attaché Office of the Attorney General of Mexico for the United States and Canada in international cooperation in criminal matters, and the Office of Legal Affairs in the implementation of bilateral treaties between Mexico and the United States.
Claudia holds a Master of Law in International Law with a specialization in International Human Rights from American University Washington College of Law in Washington, D.C.
Ariel Rawls focuses her practice on humanitarian immigration and the application of international human rights law before international and regional bodies. She has represented clients in asylum applications, adjustment of status applications, special immigrant visa applications, and citizenship claims.
Ariel has extensive experience in international human rights law. She has represented clients in petitions before the Inter-American Commission on Human Rights and supported members in sessions of the U.N. Committee Against Torture and the International Law Commission.
Contact our office if you are interested in speaking with either of these exceptional new attorneys.
Washingtonian recognizes GYH Partners
We are elated to ring in the new year with the exciting news that all four GYH Partners were recognized again in Washingtonian Magazine’s Top Lawyers list for Immigration! We are proud to claim the most listed partners of any firm in the immigration category. Washingtonian’s prestigious “Washington DC’s Top Lawyers” directory is released every two years and includes Washington’s top legal talent, as voted by area lawyers.
Co-Managing Partners Becki Young and Sandra Grossman, along with Senior Counsel, Denise Hammond, were recognized again in the Lawdragon 500 Leading Corporate Employment Lawyers guide. The list honors the top attorneys around the country specializing in employment-related practice areas. The Lawdragon selection process was developed over 30 years of researching and reporting on the legal profession and creating lists and guides to the most effective legal professionals.
Congratulations to our GYH leadership for their continued recognition in this prestigious guide!
