Seven JSP lawyers selected for inclusion in Super Lawyers® for 2022

Jewell Stewart & Pratt (JSP) is pleased to announce that seven of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2022. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Founder & Principal Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present. Principal & Managing Attorney Claire Pratt has been named to the Super Lawyers list from 2019 to present, having previously received Rising Stars designation since 2015. Principal Chris Beckerson was named to the Super Lawyer list for this first time this year, having received “Rising Stars” designation from 2015-2019. In addition, Of Counsel Wendy Stewart has been included in the Super Lawyers list from 2021 to present. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers. 

Principal Jennifer Carr has been selected in Rising Stars from 2017 to present. In addition, Associate Attorneys Zdeni Amadio and Nicole Tahtouh have been selected as Rising Stars since 2020. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of lawyers in a state are named to Rising Stars.

With the firm’s seven selectees, JSP represents 8% of all Super Lawyers in the immigration practice area in Northern California, further solidifying JSP’s recognition within the legal community as an outstanding firm. Congratulations to Phyllis, Claire, Chris, Jennifer, Wendy, Zdeni, Nicole, as well as the entire JSP team!

© Jewell Stewart & Pratt PC 2022

CDC Eliminates COVID-19 Testing Requirement for Air Arrivals

 On Sunday, June 12, CDC rescinded the COVID-19 testing order for U.S. air arrivals. Note that the vaccine requirements for non-USCs/LPRs are still in place as follows:

• Air travel: https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq

• Land border: https://www.dhs.gov/news/2021/10/29/fact-sheet-guidance-travelers-enter-us-land-ports-entry-and-ferry-terminals

Finally, a reminder that documented recovery or proof of antibodies cannot replace the vaccine requirement. Boosters are not currently required to meet the vaccine requirement. 

© Jewell Stewart & Pratt PC 2022

Four JSP Lawyers Recognized by Who’s Who Legal in Corporate Immigration for 2022

Jewell Stewart & Pratt is pleased to announce that lawyers Phyllis Jewell, Wendy Stewart, Claire Pratt, and Helga Carson have been selected by Who’s Who Legal (“WWL”) as Global Leaders in Corporate Immigration for 2022. Phyllis Jewell has additionally been recognized as a “Thought Leader” in the field. The firm’s WWL profile may be found here; and Claire Pratt’s biography, where she receives plaudits for “provides tremendous value for all parties involved” and her “unparalleled” knowledge of U.S. immigration may be found here.  

Nominees for WWL are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice. Congratulations to Phyllis, Wendy, Claire, and Helga!

© Jewell Stewart & Pratt PC 2022

H-1B "cap" reached for FY 2023

On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2023. 

The USCIS announcement states:

“We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): 

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

• Selected: Selected to file an H-1B cap petition.

• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission

… H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2022, if based on a valid, selected registration. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2023, and only for the beneficiary named in the applicable selected registration notice.”

In the 2021 (FY 2022) season, a second and third selection process took place in August and November, respectively, to make unused H-1B visas available. USCIS has not yet announced when such a selection might take place in 2022 (FY 2023).

© Jewell Stewart & Pratt PC 2022

Update on E and L Spouse Work Authorization

July 18, 2022 update:

The M-274 Handbook for Employers was updated with guidance on how to verify work authorization for E-2 and L-2 spouses.

May 18, 2022 update:

Effective May 4, 2022, the automatic extension period is now 540 days for eligible spouses, not to exceed I-94 validity. The USCIS had announced in November 2021 that eligible spouses could receive 180-day extensions.

March 21, 2022 update:

On March 18, 2022, USCIS provided additional guidance on E-3 and L-2 spouse work authorization. Specifically and as noted below, an I-94 with the “E-3S” or “L-2S” class of admission is a List C document only, and so those seeking to document their work authorization will also need a List B document such as a state issued identification card or driver’s license to complete an I-9 process with an employer. USCIS also indicated that it will be re-issuing older approval notices to reflect the new classes of admission for applicants already in the United States who have an I-94 issued by USCIS.  Further info: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses

Original post:

Pursuant to a historical settlement agreement announced in November 2021, U.S. Customs & Border Protection (“CBP”) headquarters has confirmed that it is issuing new classes of admission for E and L spouses, including E-1S, E-2S, E-3S, and L-2S. These new classes of admission are being printed on I-94s issued by CBP for entries to the U.S. on or after January 31, 2022, and are also being printed on USCIS approval notices for E and L spouse status extension approvals on/after January 31, 2022. Pursuant to the November 12, 2021 USCIS policy alert, the new I-94 with E-1S, E-2S, E-3S, or L-2S class of admission is considered a List C document for employment verification (I-9) purposes, i.e., persons with these new classes printed on their I-94s are now authorized to work incident to status and without taking further steps such as applying for a work permit. That said, we are awaiting conforming I-9 guidance from USCIS in USCIS’s M-274 Handbook for Employers, which has not, as of this writing, been updated with the new classes of admission.

© Jewell Stewart & Pratt PC 2022

H-1B "cap" registration dates announced for 2022 (FY 2023)

On January 28, 2022, USCIS announced the dates for the upcoming H-1B cap registration window and selection process. Selection will be via random lottery, as in prior years. (USCIS has abandoned its plans for a wage-based selection process.)

In its announcement USCIS stated that registrants will be able to create new accounts beginning at 9AM PT / 12 PM ET on February 21. Employers MUST NOT create an account before this date because it will lack H-1B registration functionality.

USCIS also stated that the registration period will open at 9AM PT / 12 PM ET on March 1 and close at 9AM PT / 12 PM ET on March 18. The random lottery will be conducted following the close of the registration period, and account holders will be notified of selected registrations by March 31, 2022.

© Jewell Stewart & Pratt PC 2022

Celebrating 25 Years of JSP

December 2021 marks JSP’s 25th anniversary, having been founded by Phyllis Jewell in 1996! Big kudos to Phyllis for her vision in founding and building the firm, creating opportunities for thousands of clients over the past 25 years. The partners, lawyers, and professional staff of JSP all look forward to the next 25 years of serving our clients in their U.S. immigration matters.

© Jewell Stewart & Pratt PC 2021

New Travel Ban Issued for Southern African Countries

12/28/2021 update:

On December 24, 2021, the Biden Administration stated that it would lift the Southern African travel ban at midnight on December 31, 2021.

Original post 11/29/2021:

On November 26, 2021, the Biden Administration issued a new geographic travel ban due to the emerging Omicron COVID-19 variant. The ban goes into effect today, November 29, 2021, and suspends entry for anyone present in the listed countries for the 14 days preceding entry. The countries include: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.  Many of the same exceptions apply as with previous bans, such as Lawful Permanent Residents, parents of minor U.S. citizens, and spouses of U.S citizens.  As of this writing, DHS has not announced implementation details except via an announcement to air carriers which instructs that previously granted National Interest Exception (NIE) waivers are void as to this ban, and that this ban does not affect the vaccine and testing requirements for U.S. entry that are currently in place. The Department of State has a short summary of the new ban here.

© Jewell Stewart & Pratt PC 2021

USCIS Runs Third H-1B Lottery on 2021 (FY 2022) Registrations

On November 19, 2021, USCIS announced that it ran a third H-1B lottery on 2021 (FY 2022) registrations. The petition filing period based on the new selected registrations will be from November 22, 2021 to February 23, 2022. We will be notifying clients of additional selections and next steps for filing ASAP. Thank you for your patience!

© Jewell Stewart & Pratt PC 2021

Historic Changes for L-2, H-4, & E Spouse Work Authorization

11/12/2021 Update: On November 12, 2021, USCIS released a confirming policy memo and corresponding policy manual changes that, in addition to the H-4 and L-2 changes discussed below, also includes automatic extensions of work authorization for E spouses (including E-1, E-2, and E-3 dependent spouses).

Original post:

On November 10, 2021, the American Immigration Lawyers Association and its litigation partners announced that it has reached a settlement that “provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for the processing of applications for employment authorization.”

Under the settlement agreement, the U.S. Citizenship and Immigration Service (USCIS) will reverse its policy that prohibited H-4 spouses from benefiting from an automatic extension of their employment authorization during the pendency of certain employment authorization document (EAD) applications. It will also reverse its policy that L-2 spouses must apply for employment authorization prior to working in the United States.

H-4 dependent spouses covered by the Settlement Agreement are those who:

1. Properly filed an application to renew their H-4 based EAD before it expired.

2. Have an unexpired Form I-94 showing their status as an H-4 nonimmigrant.

3. Will continue to have H-4 status beyond the expiration date of their EAD.

Under the Settlement Agreement, USCIS will treat H-4 nonimmigrants who timely file their I-765 EAD renewal applications, and continue to have H-4 status beyond the expiration date of their EAD, as qualifying for an automatic extension of their employment authorization. Such an automatic extension will terminate on the earlier of: the end date of the individual’s H-4 status on Form I-94, the approval or denial of the Form I-765 EAD renewal application, or 180 days from the “Card Expires” date on the face of the EAD.

USCIS is expected to issue guidance shortly; and within 120 days of 11/10/2021, USCIS will amend the receipt notice currently issued to H-4 EAD applicants to describe EAD auto-extension eligibility.

Summary of changes for L-2 Spouses:

• All L-2 spouses are covered by the terms of the settlement agreement.

• USCIS will issue policy guidance within 120 days that states that all L-2 spouses are work authorized incident to status (i.e., they do not require an EAD or “work permit”). USCIS will also work with CBP to start issuing I-94s for L-2 spouses that indicate that they may be used as a List C document for I-9 purposes.

• L-2 spouses with timely-filed pending EAD renewals who are still in L-2 status now qualify for an automatic 180-day extension to their EADs, not to exceed their L-2 status (I-94) expiry. USCIS will also issue guidance for how employers can re-verify work authorization for those with pending EADs by using the facially expired EAD, the receipt notice showing timely filing, and an unexpired I-94.

• “Until the Form I-94 is changed to identify that the bearer is an L-2 spouse, for I-9 purposes, it will not be sufficient evidence of employment authorization acceptable under List C of Form I-9. L-2 spouses with pending renewal EAD applications may, however, receive automatic extensions of their EADs and present the combination of documents described above to their employers to satisfy Form I-9 requirements.”

© Jewell Stewart & Pratt PC 2021