2017

Blog Posts in 2017

  • Haitians Face TPS Uncertainty

    Temporary protected status ("TPS") is a temporary immigration status to the United States, granted to eligible nationals of designated countries. In 1990, Congress established a procedure by which the Attorney General may provide TPS to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or ...
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  • USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap-Subject Petitions

    On May 3, 2017, USCIS announced that it had completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated random selection process or lottery. USCIS will now begin the process of returning all unselected H-1B cap-subject petitions. USCIS is unable to provide an exact time frame for returning these petitions, due to the high volume of filings. USCIS has ...
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  • USCIS Rescinds Policy Memorandum Regarding H-1B Computer Related Positions

    On March 31, 2017, USCIS announced that “Computer Programmer” positions may no longer qualify as a specialty occupation for H-1B visa purposes. In doing so, USCIS rescinded a prior policy memorandum (dated: December 22, 2000) entitled “Guidance memo on H1B computer related positions” by former director of the USCIS Nebraska Service Center, Terry Way. USCIS has declared that the guidance provided ...
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  • Impact of 'Buy American and Hire American' Executive Order remains to be seen.

    On April 18, 2017, President Trump signed his latest Executive Order "Buy American and Hire American." Although the present administration desires to reform the H-1B program, no immediate changes or impacts on H-1B’s are likely. The Executive Order states that “the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as ...
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  • President Trump to sign Executive Order targeting H-1B Visa's

    President Trump is planning to sign an executive order that seeks to make changes to the H1-B visa program that brings in high-skilled workers. The President plans to sign an order dubbed “Buy American, Hire American,” that will commission the departments of Homeland Security, Justice, Labor and State to review and propose new rules regarding the H-1B visa program, with the aim that H-1B visas are ...
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  • USCIS Completes the H-B Cap Lottery Process for year 2018.

    The United States Citizenship and Immigration Services (USCIS) announced on April 17, 2017, that it received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2018. USCIS also received an adequate number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the Master’s Cap. USCIS received 199,000 H-1B petitions during the filing period, which ...
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  • USCIS Reaches FY 2018 H-1B Cap

    United States Citizenship and Immigration Services (USCIS) announced on April 7, 2017 that the annual H-1B quota for the regular 65,000 bachelor’s degree cap and the 20,000 U.S. master’s degree cap has been met for Fiscal Year (FY) 2018. USCIS has not yet announced the exact number of H-1B applications received. Once all the H-1B applications are counted, USCIS will share this information in the ...
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  • Presidential Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

    On March 6, 2017 President Trump signed a new a new Executive Order (EO), called Protecting The Nation From Foreign Terrorist Entry Into The United States , that places limits on travel to the U.S. from certain countries, and by all refugees who do not possess either a visa or valid travel documents. The new EO will revoke and replace the original travel ban/executive order issued January 27, ...
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  • USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions Effective April 3, 2017

    This news just in from the USCIS: Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant ...
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  • How Do the Recent Employment-Based Visa Changes Affect Me?

    Rules on immigration have been experiencing upheaval recently. The current U.S. president’s executive order banning about 218 million people from entering the country concerned millions of others across the United States. Countries around the world also found it cause for concern, as many immigrants flock to the country on visas that could be rendered useless by another such order. For now, a ...
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  • National Guard to round up Immigrants?

    President Trump’s administration at some point considered mobilizing as many as 100,000 National Guard troops to round up unauthorized immigrants, according to a draft copy of an order obtained by The Associated Press. The AP’s report states that an 11-page draft memo showed the Trump administration considering an unprecedented militarization of immigration enforcement as far north as Portland, ...
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  • I-485 Supplement J

    As of January 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) has released supplement J, a new form to be used in conjunction with applications to adjust status (form I-485). Supplement J serves to present authentication of a bona fide job offer or to notify the USCIS in cases where the job is ported to a new employer or a new job. Effective immediately, the supplement J must be ...
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  • USCIS Fee and Form Changes

    The U.S. Citizenship and Immigration Services (USCIS) recently increased their fees for many petitions and applications filed with them. Their reasoning for the increase was the fees are their only source of funding, and they needed to pay for higher costs. The EB-5 petitions and applications were affected the most, with one petition going up 145% and an application increasing 186%. Here is a list ...
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  • Immigration Reform: High Skilled Visas Under Consideration

    The H1-B visa is a popular pathway that helps high-skilled foreigners work at companies in the U.S. The visas require that recipients hold a bachelor's degree and work in a "specialty occupation" related to their field of study. Presently, around 85,000 visas are granted annually to immigrants by the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland ...
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  • Appeals Court Rules Against Travel Ban

    On February 9, 2017, the Ninth Circuit Court of Appeals unanimously ruled against President Trump’s Executive Order (EO) on immigration and refugees, stating that it would not block a ruling by a Seattle court a week ago that halted the EO. The San Francisco-based court's three judges unanimously agreed that the government had not been able to show that any terror threat vindicated reviving the ...
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