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Printing Debacle At USCIS: Employees, Employers Harmed By Government Failure To Print Documents

Foreign nationals with approved permanent residence applications but no actual permanent resident card (known as Green Cards) are not the only ones dealing with the printing back-up at USCIS. After deciding to bring the...more

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more

Administration Planning Additional Restrictions On Non-Immigrant Visas?

Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories. On...more

Administration Offers Exemption From Restrictions On Entry To Foreign Professional Athletes

To support the Trump Administration’s COVID-19 reopening policies, Chad F. Wolf, the Acting Secretary of Homeland Security, signed an order exempting some foreign professional athletes (and their staff and dependents) who...more

Review Of Trump Administration Shifting Position(s) On H-4 EAD Rule

It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the...more

Federal Judge Blocks Enforcement Of DHS’ “Unlawful Presence” Calculation

International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum...more

New Public Charge Rule Effective February 24, USCIS Announces

USCIS has announced the new Public Charge Rule will become effective on February 24, 2020, now that the U.S. Supreme Court has lifted the injunction. This Rule affects legal immigrants (those who are legally in the United...more

U.S. Supreme Court Lifts Injunction On Tough DHS Public Charge Rule

The Trump Administration’s new Public Charge Rule can go into effect (for now, at least). The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule...more

USCIS Denials In Extraordinary Ability Category On The Rise

Is it a significant achievement to make it onto a national sports team? Would winning a top-ten spot in a European championship constitute an award for excellence? Would being one of a duo who were U.S. junior ice dance...more

Presidential Proclamation Suspends Visas For Immigrants Without Health Insurance

President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants...more

U.S. Immigration And The Growing Marijuana Industry

Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on...more

DHS Proposes Fee Of $10 To File H-1B Petition

DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved. In January 2019, DHS published the rule establishing an H-1B electronic...more

Will Student-Athletes On F-1 Visas be Affected By The Fair Pay To Play Act?

The Fair Pay to Play Act, California SB 206, would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. How may the new law, which is in the...more

Brazil Lifts Visa Requirement For U.S. Citizens

In a move that likely will give a boost to the Brazilian tourism industry, the Brazilian government has announced that U.S. citizens can now visit Brazil without a visa. Citizens of Australia, Canada, and Japan also have...more

New DS-160 Form Seeks Social Media Information, Affecting Millions Of Visa Applicants

Two years ago, then-Secretary of State, Rex Tillerson, proposed collecting 15 years of travel, address and employment history and 5 years of social medical platforms, identifiers, phone numbers and emails from visa applicants...more

Trump Administration Targets Visa Overstays

President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas. Assertions set forth in the Memorandum include: For FY...more

Visas For eSports Gamers On The Rise

Professional athletes who are “internationally recognized” are eligible for the P-1 visa and eSports (video games) at the professional level have become such major athletic events that eSports players have been granted these...more

What A Government Shutdown Means For Immigration Services

Although the ongoing government shutdown is rooted in an immigration matter – the “wall” – its effect on other immigration processes is somewhat limited. Fee-funded activities are not affected, which means that USCIS offices...more

Litigation Over H-4 EAD Rule Rescission To Move Forward

The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The...more

USCIS Requests For Evidence To Petitioners Before Application Denials To Become Discretionary

As of September 11, 2018, immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). This is yet...more

Supreme Court Upholds Travel Ban 3.0

The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals...more

Travel Ban Update: Grandparents And Other Close Relatives

In a one-paragraph ruling, the U.S. Supreme Court, disagreeing with the Administration, allowed the District Court’s injunction to stand with regard to relatives. Individuals from the six designated countries with...more

New Guidance On Trump’s Revised Travel Ban Effective June 29

New guidance explaining the criteria for visa applicants was issued by the Department of State to U.S. embassies and consulates late on June 28, 2017, according to reports. The guidance will go into effect on June 29, at 8:00...more

Supreme Court Allows Partial Effect to Trump Travel Ban, Will Review Case in October

It comes as no surprise that the U.S. Supreme Court will hear the travel ban case and will do so in early October. Meanwhile, the Court stayed lower court injunctions allowing President Donald Trump’s revised travel ban to go...more

Travel Ban Case On Fast Track At Supreme Court

Expectations are that the U.S. Supreme Court may decide soon whether to stay the injunctions blocking President Donald Trump’s travel ban. Meanwhile, the President has issued a Memorandum meant to amend and clarify the...more

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