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National Emergency Prompts DHS To Announce Temporary Flexibility For Employers’ I-9 Compliance

The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19. Recognizing that companies and organizations are having to temporarily shift to a...more

H-1B Visa Processing Delays Underscored By Extraordinary Need For Healthcare Workers

Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014. Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking...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

Time To Start Planning For H-1B Cap Season

It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case. To be eligible to file a cap-subject H-1B...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

Supreme Court Hears Argument On Deferred Action For Childhood Arrivals Policy

The U.S. Supreme Court has heard oral argument on whether the Department of Homeland Security (DHS) lawfully terminated the Deferred Action for Childhood Arrivals (DACA) Policy. The Court’s decision in a consolidated case...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

Government Forced To Release H-1B Delaying And Denying Tactics

Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this,...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

H-1B Electronic Registration Fee Expected

Employers have paid about $7 billion in H-1B fees over the past 10 years. Now, a new fee is coming – the electronic registration fee. Electronic pre-registration for the H-1B lottery is set to begin for the 2020 cap...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

What Processing Delays In Immigration Cases Mean

Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014. ...more

USCIS: Rise In H-1B Petitions For Master’s Degree Holders Selected In FY 2020 Lottery

USCIS has announced on Twitter that there was an 11% increase from FY 2019 in H-1B advanced degree petitions selected in the FY 2020 lottery. This year, USCIS reversed the lottery selection process. Master’s cap petitions...more

USCIS Received More Than 200K Cap-Subject H-1B Petitions For FY 2020

USCIS announced that as of April 10, 2019, it received 201,011 H-1B petitions for the FY 2020 cap season — more than enough to meet both the regular (65,000) and the advanced degree exemption (20,000) caps. At the same...more

USCIS Clarifies Premium Processing For This Year’s H-1B Cap Cases Limited To Change Of Status

As the start of the H-1B cap season approaches, USCIS has clarified that not all of this year’s cap cases can be premium processed. Despite its notice on March 12, USCIS has announced that only cap-subject H-1B petitions...more

2019 H-1B Cap Season: New Cap Lottery Selection Rule Favors Petitioners With Master’s Degrees

While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on...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

Amendments To H-1B Visa Regulations Proposed

The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019....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

[Webinar] Global Immigration in the Trump Era: a U.S. Perspective - May 22nd, 12:00pm ET

The Trump Administration, like Brexit, dominates the headlines in the US and is discussed worldwide. Immigration and its effects on the US economy and national security has been a primary focus for President Donald Trump...more

USCIS Reaches FY 2019 H-1B Cap In First Week Of April

On April 6, 2018, USCIS announced that it reached the 65,000 H-1B visa cap for FY 2019, including the 20,000 U.S. advanced degree exemption known as the “master’s cap.” Every year since 2014, the cap has been reached during...more

Temporary Protected Status For Salvadorans In U.S. To End In 2019

Ending all speculation, the Secretary of Homeland Security has announced the end of temporary protected status (TPS) for approximately 200,000 Salvadorans who have been in the United States since 2001, following two...more

Deferred Action For Childhood Arrivals Program Is Rescinded, AG Sessions Announces

The Deferred Action for Childhood Arrivals (DACA) program is being rescinded, Attorney General Jeff Sessions announced on September 5, 2017. The DACA program was implemented in 2012 by an executive order signed by...more

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