Blog

October 2018 Newsletter

Here’s our October 2018 newsletter, discussing USCIS’ new policy commencing removal proceedings after certain types of immigration benefit denials; the Automatic OPT extension cutoff on October 1; AN update on DHS’ anticipated regul…

USCIS Extends and Expands Suspension of H-1b Premium Processing; Raises Premium Fee for All Petition Types

USCIS has announced that effective September 11, 2018, it will suspend for five months the 15 day Premium Processing option for most H-1b petitions. USCIS will continue to accept premium processing requests from cap-exempt H-1b employers (such as uni…
Categories: H-1b, Premium Processing

June 2018 Immigration Law Newsletter

Read our June 2018 newsletter, with articles about USCIS’ new policy impacting foreign student overstays; an anticipated proposal to rescind employment authorization for spouses of H-1b employees; the FY2019 H-1b lottery; a USCIS -Justice Depar…
Categories: Uncategorized

H-2b Lottery Complete for Additional Allotment of Visas

USCIS announced that it had exhausted the supplemental allotment of 15,000 seasonal worker visas authorized by DHS in May 2018. USCIS received sufficient employer petitions seeking the supplemental allotment within 5 days of the opening of the filing…

USCIS No Longer Taking EAD Service Requests at 75-Day Mark

USCIS is no longer accepting escalations after 75 days for delayed applications for employment authorization. The 75-day policy had been in place when regulations required USCIS to adjudicate employment authorization applications within 90 days of fi…

Receipt Notices for Form I-751 Now Extend Status for 18 Months

USCIS has announced that it is extending to 18 months the time during which an I-751 receipt notice may be used in conjunction with an expired conditional permanent resident card to evidence continuing permanent resident status. The prior policy only…

Attorney General Ends “Administrative Closure” in Immigration Courts

On May 17, 2018, Attorney General Jeff Sessions announced that immigration courts are barred from authorizing indefinite administrative closure of removal proceedings against non-citizens that Homeland Security seeks to deport. This is a stunning reb…
Categories: Uncategorized

DHS Seeks to Rescind Employment Authorization for H-4 Spouses of H-1b Workers

The Department of Homeland Security (DHS) stated in a May 2018 court filing that it plans to imminently publish a proposal to rescind its regulation permitting employment authorization for spouses of H-1B workers with approved permanent resident peti…

Several Small IT Staffing Firms Challenge USCIS H-1b Visa Third-Party Worksite Policy Memorandum

Several IT staffing companies have sued DHS in New Jersey federal court, seeking to block implementation of a February 2018 USCIS H-1b policy memorandum requiring substantially more documentation of need where an employer’s seeks to assign H-1b wor…
Categories: H-1b

Waivers under Travel Ban Rare

The travel ban affecting citizens of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen has been in full effect since December 2017, but waivers of the ban necessitated by, e.g.,  undue hardship or the absence of national security concer…
Categories: Travel Ban, Visas