2018

Blog

  • District Court Issues National Injunction Restraining DHS from Implementing Public Charge Final Rule

    On October 11, 2019, the U.S. District Court for the Southern District of New York enjoined and restrained the Department of Homeland Security and USCIS from “enforcing, applying, or treating as effective” the DHS Public Charge Final Rule. In addition, the court specifically enjoined the government from implementing the use of any new or updated forms whose submission would be required under the ...
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  • USCIS Aims to Decrease Processing Times for N-400 and I-485

    USCIS announced that it will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization , and Form I-485, Application to Register Permanent Residence or Adjust Status . Since the end of 2015, the USCIS has experienced an increase in processing times due to higher than expected volumes received during fiscal years (FY) ...
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  • H-1B Spouses' Work Ban Looms This Summer

    The Department of Homeland Security (DHS) recently announced that its proposed rule to prohibit H-1B visa holders’ spouses from working will be published this month. The affected spouses are on H-4 visas, issued to H-1B visa holders’ spouses and children under 21. Ninety-three percent of the 100,000 spouses on the H-4 are women from India according to research by the University of Tennessee. H-1B ...
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  • Premium Processing Begins for Remaining H-1B Cap-Subject Petitions on June 10, 2019

    On June 10, 2019, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, petitioners may file Form I-907, Request for Premium Processing Service, with the USCIS service center that is processing their petition. On March 19, 2019, USCIS announced that it will offer premium processing in a two-phased approach during the FY 2020 cap season to ...
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  • USCIS Launches eProcessing Strategy to Accelerate Transition to a Digital Business Model

    WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) recently announced a new strategy for eProcessing to accelerate USCIS’ transition to a digital model. The goal is to provide a complete digital experience for applicants, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case. Certain business visitors, tourist visitors, and vocational students ...
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  • USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions

    USCIS recently completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in its computer-generated random selection process, including those selected under the U.S. advanced degree exemption. What Does This Mean? As in the past, USCIS will be returning all H-1B cap-subject petitions that weren’t selected and will issue an announcement once they are done notifying ...
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  • EB-5 Visa Waiting Lines Update for 2019

    The IIUSA EB-5 Industry Forum was held on May 6 th in Washington D.C. Charles Oppenheim, Chief of DOS Visa Control and Reporting Division for the U.S. Department of State, updated attendees on the use and expected availability of EB-5 visas. Below, we discuss some of the important topics from Mr. Oppenheim’s presentation. EB-5 Visa Use Worldwide According to Mr. Oppenheim, 5,077 EB-5 visas were ...
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  • New Data Shows USCIS Is Increasing Denial Rates for H-1B Visas

    With the Trump administration cracking down on the way H-1B visas are handled, there has been a substantial increase in legitimate applications being denied, delayed, and rejected. Lawyers from across the country say this crackdown is breaking laws and snarling applicants in red tape. According to a report from Reuters, the Trump administration is delaying and denying more H-1B visa applications ...
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  • Important Reporting Requirements for STEM OPT Students

    If you are participating in a STEM OPT program, you must keep track of the following important reporting requirements in order to maintain your F-1 status: Regularly check in with your DSO to validate Student and Exchange Visitor Information System (SEVIS) information and report changes made to your Form I-983, “Training Plan for STEM OPT Students.” Every 6 months, you must confirm that your SEVIS ...
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  • Barr Makes Significant Changes to Immigration Courts

    After being confirmed as the new U.S. Attorney General, William Barr has set his sights on making substantial changes to immigration courts. Under Barr, the Justice Department is set to issue new rule changes that will make it easier for appellate immigration judges to declare their rulings binding on the entire immigration system. Among the changes was expanding the use of single-judge, cursory ...
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  • Leader of Militia Detaining Migrants at the Border Arrested by FBI

    Larry Mitchell Hopkins, the leader of the United Constitutional Patriots (UCP), was recently arrested by the FBI just days after video was released showing the group holding migrants near the U.S border against their will. Hopkins was arrested in New Mexico on charges of being a felon in possession of firearms and ammunition. In 2017, the FBI discovered weapons at Hopkins’s residence after the ...
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  • USCIS Reaches Statutory Limit of H-1B Cap Cases for Fiscal Year 2020

    On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B ...
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  • USCIS reaches the H-1B Regular Cap for FY 2020

    U.S. Citizenship & Immigration Services (USCIS) announced on Friday, April 5, 2019 that they have received sufficient number of H-1B petitions to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. The fiscal year begins October 1, 2019 ...
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  • How to Avoid the I-751 Interview

    Going into a U.S. Citizenship and Immigration Services office for your I-751 interview can be terrifying, to say the least. Since the stakes are extremely high, making a mistake could mean that you or your partner’s conditional resident’s status could be in jeopardy. Fortunately, it is possible to have the interview waived and obtain approval for the I-751 petition, as long as USCIS believes the ...
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  • How to Find an H-1B Visa Sponsor

    If you wish to work in the United States, you need to obtain a work visa. The most common type of work visa is the H-1B visa . An H-1B visa allows U.S. companies and/or organizations to hire immigrant workers in a specialty line of work (e.g. lawyers, engineers, architects, computer programmers, business executives, etc.). In order to file a petition for this type of work visa, you must have a job ...
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