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  • USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018

    USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition. You should also include a copy of the transfer notice with your premium ...
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  • Final Rule Effective Beginning April 1, 2019

    The Department of Homeland Security (DHS) posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an ...
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  • Immigration Policy Changes Affecting Legal Immigrants in 2019

    The Trump administration in 2018 focused on finding ways to curtail legal immigration and increase the powers of the Department of Homeland Security (DHS) to enforce immigration laws. Although there are some updates and changes which have a negative impact on foreigners, others provide significant help. Immigrants will be affected by the following changes and updates in U.S. immigration law: ...
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  • Does the Government Shutdown Affect Immigration Matters?

    There are has been an enormous amount of concern and confusion surrounding the current government shutdown, especially those who are federal employees or receive federal subsidies. While the main issue for the shutdown is immigration , specifically building a “steel wall” on the U.S.-Mexico border, most immigration processes remain ongoing. The following blog post answers the most frequently asked ...
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  • Federal Judge Rescinds Trump Administration Asylum Policy

    Last Wednesday, U.S. District Court Judge Emmet Sullivan struck down a recent policy by the Trump administration which made it more challenging for domestic-abuse and gang-violence victims to claim asylum , determining the policies violated federal immigration law. In addition, he ordered the U.S. government to return deported plaintiffs. Back in June, former Attorney General Jeff Sessions ...
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  • Asylum Seekers to Wait in Mexico during Legal Process

    Yesterday, the Department of Homeland Security (DHS) announced a new policy which will require illegal immigrants seeking asylum in the United States to return to Mexico and wait until their claims are processed—potentially for months or years. Homeland Security Secretary Kirstjen Nielsen cited emergency powers permitted according to the Immigration and Nationality Act in order to handle a ...
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  • What Happens to My Green Card After Divorce?

    While divorce means the end of a marriage, it could also result in revocation of permanent residence—and even deportation from the United States. According to U.S. immigration laws, an immigrant who is part of a legitimate marriage can qualify for a green card . In the event of a divorce, the U.S. Citizenship and Immigration Services (USCIS) may review the validity of the marriage. Fortunately, ...
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  • What a Democratic Takeover of House Could Mean for Immigration

    The Democratic Party regained the majority of the House of Representatives following this month’s midterm elections. What this most likely means is more scrutiny will be applied to President Donald Trump’s legislative agenda—especially when it comes to immigration. Democrats plan to use their new authority to investigate past immigration actions and challenge any future immigration plans by the ...
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  • Federal Judge Blocks Trump from Removing Immigrants Under TPS

    Earlier this month, U.S. District Judge Edward Chen issued a preliminary injunction, temporarily blocking the Trump administration from deporting more than 300,000 migrants from El Salvador, Nicaragua, Sudan, and Haiti under the Temporary Protected Status (TPS) program. Created in 1990 by Congress, the program offers protection for migrants in countries experiencing natural disasters, wars, and ...
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  • Trump Administration Plans to Deny Green Card & Visa Applicants Who Use Public Benefits

    The Trump administration announced at the end of last month that immigrants who rely on government aid such as food stamps and Section 8 housing assistance could be denied green cards and temporary visas if the administration’s proposed changes to the definition of “public charge” go into effect. Not only would the move affect the applications of hundreds of thousands of immigrants attempting to ...
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  • How the Trump Administration's Immigration Policy Harms U.S. Economy

    The Trump administration has implemented an immigration policy which has substantially decreased the amount of new visa and green card applications and hindered the renewal process for current recipients. The purpose of the president’s reform is to provide native-born Americans with more job opportunities and bolster the U.S. economy. However, there is evidence demonstrating how the current ...
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  • Texas Judge Says DACA Must Resume For Now

    At the end of August, a federal judge in Texas choose not to issue a preliminary injunction that would terminate DACA; however, he said the Obama-era program--that protects nearly 700,000 undocumented immigrants from deportation and allows them to work legally--will end in the future. Federal District Judge Andrew Hanen found that Texas and a coalition of other states failed to bring their case in ...
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  • USCIS Issues Stricter Guidance on RFEs and NOIDs

    On July 13, 2018, USCIS issued new policy guidelines for their adjudicators, conferring them the discretion to deny an application, petition, or request for immigration benefits without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), in instances where the initial evidence is not submitted or if evidence in the record does not establish eligibility. The new policy ...
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  • USCIS Extends Suspension of Premium Processing for H-1B Petitions

    On August 28, 2018, USCIS announced that they will be extending the previously announced suspension of premium processing for H-1B quota petitions and that the suspension of premium processing will also be expanded to include other H-1B petitions. Importantly, the expanded temporary suspension will apply to ALL H-1B petitions filed at the Vermont and California Service Centers (except for those ...
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  • Immigration Judges Deny More Asylum Seekers

    According to a new study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, the number of “credible fear of prosecution” asylum cases has significantly dropped this year. Researchers found that immigration judges found asylum seeks had provided enough evidence to claim they had a credible fear in 14.7 percent of cases heard since January, which is about half as often ...
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