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DHS Promulgates Public Charge Rule to “Promote Self-Sufficiency,” Penalize Reliance on Public Benefits

On August 14, 2019, the Department of Homeland Security (DHS) published the final version of its public charge rule in the Federal Register. According to a statement by DHS, the rule is intended to formalize the way in which...more

Requests for Evidence and Visa Denials Continue to Climb in 2019

U.S. Citizenship and Immigration Services (USCIS) has issued updated data confirming that requests for evidence (RFE) and denials continue to climb for most commonly used nonimmigrant visas. The rate of RFEs and denials for...more

USCIS Caseload Redistribution May Mean Shorter Processing Times but More Travel for Green Card and Naturalization Applicants

U.S. Citizenship and Immigration Services (USCIS) will be redistributing certain naturalization and green card cases to field offices with lighter caseloads for processing. In its announcement, the agency said that since the...more

Ken Cuccinelli Named Acting Director of USCIS

On June 10, 2019, Kenneth T. Cuccinelli became the new acting director of U.S. Citizenship and Immigration Services (USCIS), replacing L. Francis Cissna, who stepped down at the beginning of June 2019. Cuccinelli previously...more

DHS Spring Regulatory Agenda Projects Changes to H-1B Visas, the Rescission of H-4 Work Authorization, Increased Fees, and More

The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more

USCIS Provides Updates Regarding Premium Processing for FY 2020 Cap Cases

Premium processing has historically been available for all H-1B applications filed with U.S. Citizenship and Immigration Services (USCIS). However, from time to time, USCIS has suspended premium processing....more

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence

The U.S. District Court for the Middle District of North Carolina has issued a nationwide preliminary injunction halting the enforcement of the Trump administration’s August 2018 policy memorandum that changed when “unlawful...more

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

USCIS to Begin Premium Processing of FY 2020 H-1B Cap Cases Requesting Changes of Status on May 20

U.S. Citizenship and Immigration Services (USCIS) has updated its premium processing schedule for fiscal year (FY) 2020 H-1B cap cases. The schedule will be implemented as follows...more

Potential Challenges for Canadian L-1 Visa Applicants Presenting Renewal Petitions at Ports of Entry

There has been an increasing number of reports that U.S. Customs and Border Protection (CBP) is refusing to process subsequent, or renewal, L-1 visa petitions presented by Canadian nationals at ports of entry (POEs) along the...more

USCIS Issues Top 10 Reasons for H-1B RFEs

U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. The list lends some context to recent USCIS...more

USCIS Announces Staggered Premium Processing for FY 2020 Cap Cases

U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will be available for the H-1B cap filing season for Fiscal Year (FY) 2020. The FY 2020 cap filing season will begin on April 1, 2019. ...more

DHS Issues Fraud Alert Regarding Phone Scam

The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) has issued a fraud alert notifying the public of an ongoing phone scam whereby scammers dupe their victims into providing personal information...more

Initiate Petitions Now - H-1B Cap Filing Date Quickly Approaching

On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now...more

USCIS Reinstates Premium Processing for All H-1B Petitions - Effective Immediately

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are pending with USCIS. ...more

3/12/2019  /  H-1B , USCIS , Visas

USCIS Reports on Lagging Processing Times

U.S. Citizenship and Immigration Services’ (USCIS) processing times continue to lag compared to previous years, according to data recently released by the agency. This is especially true for foreign nationals with pending...more

USCIS Delays Implementation of Revised Form I-539 and New Form I-539A

U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A. USCIS will continue to accept the current Form I-539, with the...more

USCIS Data Confirms Increase in RFEs and Denials, Especially for H-1Bs

U.S. Citizenship and Immigration Services (USCIS) released new data confirming that both requests for evidence (RFEs) and denials are on the rise for many nonimmigrant visa categories. The rates for RFEs and denials, which...more

USCIS Resumes Premium Processing for All H-1B Petitions Filed on or Before December 21, 2018

Beginning February 19, 2019, U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for all categories of H-1B petitions that were filed on or before December 21, 2018. USCIS has been gradually...more

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

E-Verify Suspended Due to the Government Shutdown

The holiday season may already feel like a distant memory and five-day workweeks may once again be the norm, but not everything is back to business as usual for U.S. employers this January. E-Verify, the electronic system...more

What To Expect in the Event of a Government Shutdown: An Immigration Perspective

There may be a partial government shutdown if Congress cannot come to an agreement on a spending bill before midnight on December 21, 2018. Without an agreement, roughly 25 percent of funding for the federal government will...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

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