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DHS Finalizes Changes to H-1B Selection Process

On January 31, 2019, the Department of Homeland Security (DHS) published its H-1B registration rule in the Federal Register, formalizing changes to the H-1B selection process. The new regulation, which will take effect on...more

USCIS Resumes Premium Processing for a Limited Number of H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced the reinstatement of the premium processing program for a limited number of H-1B petitions. Premium processing will resume on January 28, 2019, for fiscal year (FY)...more

H-2B Visas in High Demand for Fiscal Year 2019

On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or “cap” on the number of petitions for temporary nonagricultural workers “who may be issued H-2B visas or otherwise...more

DHS Proposes H-1B Registration System and Creates Uncertainty Heading Into Cap Season

On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery. Pursuant to the proposal,...more

USCIS Indicates Changes to Advance Parole Policy

On November 16, 2018, United States Citizenship and Immigration Services (USCIS) Director L. Francis Cissna suggested that USCIS will discontinue its policy of denying certain pending I-131, Application for Travel Document...more

DHS Releases Ambitious 2018 Regulatory Agenda

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more

Employment-Based Petitions Exempt (at Least for Now) Under New NTA Policy

Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy. The first phase of the rollout does not include employment-based petitions....more

Immigration Policy Changes Leave Employers Wishing USCIS Took a Summer Vacation

There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump administration. The momentum with which it announced and implemented new policies over...more

CEOs Say Recent Policy Shifts by USCIS Undermine Economic Growth and Disrupt Business Operations

Chief executive officers (CEOs) from more than 50 companies signed a letter sent to Secretary of Homeland Security Kirstjen Nielsen expressing their concern about the current course of immigration policy in the United States....more

USCIS Expands Premium Processing Suspension for H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced the extension of its suspension of premium processing for all H-1B cases subject to the annual quota (also known as “cap cases”) for fiscal year 2019. The suspension...more

USCIS Revises Guidance on Unlawful Presence Policy Focused on Students

U.S. Citizenship and Immigration Services (USCIS) has issued a revised final policy memorandum updating the recently implemented unlawful presence policy that changed the way USCIS calculated unlawful presence for foreign...more

Judge Orders Reinstatement of DACA Pending 20-Day Hold

On August 3, 2018, Judge John D. Bates of the U.S. District Court for the District of Columbia ruled in favor of fully reinstating the Deferred Action for Childhood Arrivals (DACA) program but stayed the effective date of the...more

USCIS Delays Implementation of New Notice to Appear Policy

U.S. Citizenship and Immigration Services (USCIS) announced that it is postponing the enforcement of its June 28, 2018, policy memorandum allowing USCIS officers to issue notices to appear to those deemed unlawfully present...more

8/6/2018  /  Immigration Procedures , USCIS

Data Confirms Significant Uptick in H-1B and L-1 RFEs and Denials

The rate of requests for evidence (RFEs) and denials issued for H-1B and L-1 petitions by U.S. Citizenship and Immigration Services (USCIS) is up considerably, according to a new report by the National Foundation for American...more

USCIS Adjudicators Given the Go-Ahead to Deny Cases Without First Issuing a Request for Evidence

Effective September 11, 2018, adjudicators for U.S. Citizenship and Immigration Services (USCIS) will have the authority to deny any application or petition that is incomplete or lacks sufficient evidence without first...more

7/19/2018  /  Immigration Procedures , USCIS

Recent USCIS Changes Put Visa Applicants at Greater Risk of Deportation if Visas Denied

A new U.S. Citizenship and Immigration Services (USCIS) policy published on July 5, 2018 instructs USCIS officers to issue a notice to appear (NTA) to any individual who is “not lawfully present” in the United States at the...more

DHS Extends TPS for Yemen

On July 5, 2018, U.S. Department of Homeland Security (DHS) announced an 18-month extension of temporary protected status (TPS) for eligible nationals of Yemen. This is the second extension granted to Yemen due to the ongoing...more

USCIS Changes Policy on Accrual of Unlawful Presence for Nonimmigrant Students and Exchange Visitors

On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum changing the way the agency will calculate the accrual of unlawful presence for students (F-1), exchange visitors (J-1), and...more

Department of Homeland Security Ends TPS for Honduras

On May 4, 2018, the U.S. Department of Homeland Security (DHS) announced that temporary protected status (TPS) will end for approximately 57,000 Hondurans, effective January 5, 2020. DHS originally granted TPS to Honduran...more

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