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USCIS announces final changes to cap-subject H-1B visa petition processing

USCIS announces final changes to cap-subject H-1B visa petition processing

Jan 31, 2019

On January 30, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced a final rule effective April 1, 2019 that changes the way cap-subject H-1B petitions will be processed in two ways: first, petitioners seeking to file petitions will have to register electronically with USCIS during a designated registration period; and second, the order in which cap-subject petitions are selected in years when demand exceeds supply (i.e., when a lottery is required) has been reversed.  We discussed these changes in depth when they were proposed, in our December 3, 2018 blog post.

New policy guidance drastically changes USCIS’s adjudications process, announces that denials will now result in removal (deportation) proceedings

New policy guidance drastically changes USCIS’s adjudications process, announces that denials will now result in removal (deportation) proceedings

Jul 18, 2018

In a pair of policy memoranda released to the public in July 2018, the Administration is drastically changing the U.S. Citizenship and Immigration Service’s (USCIS, formerly INS) role in adjudications. Initially formed as the immigration benefits-adjudicating sub-agency when the Department of Homeland Security took over immigration functions from the Department of Justice after 9/11, USCIS is typically involved in a very low percentage of the overall enforcement actions of the DHS agencies. (Most enforcement is done by DHS’s other immigration sub-agencies, ICE and CBP.) For example, unless fraud or criminality is suspected, USCIS traditionally has not initiated removal (deportation) proceedings in the course of adjudicating benefits applications, such as nonimmigrant and immigrant visa petitions, applications for adjustment of status to U.S. permanent residence, or naturalizations. However, in a new policy memo released on July 5, 2018 (but dated June 28), entitled Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (“NTA Memo”) and effective immediately, the Administration announced that USCIS will now initiate removal proceedings in a wide variety of circumstances.

U.S. Supreme Court upholds travel ban

U.S. Supreme Court upholds travel ban

Jun 26, 2018

The U.S. Supreme Court (SCOTUS) upheld the administration’s travel ban in a 5-4 decision today. The decision does not change the status quo, however, as in December 2017, SCOTUS allowed the third iteration of the travel ban to take effect during the pendency of...

Alarming Change of Policy for Treatment of Certain Status Violations for F, J, and M Visa Holders

Alarming Change of Policy for Treatment of Certain Status Violations for F, J, and M Visa Holders

Jun 20, 2018

On May 10, 2018, USCIS announced a draft policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants.” F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees).  The draft policy is slated to become final and effective on August 9, 2018.

In the draft policy, USCIS announced a dramatic change to the treatment of “status violations” by individuals in the U.S. on F, J, and M visas. A status violation is any failure to meet a term or condition of the visa, including unknowing and unintentional technical violations (e.g., lowering one’s course load below a certain number of credit hours, engaging in casual work, accruing too many days of non-work after school completion, etc.).

Statement on Family Separation

Statement on Family Separation

Jun 19, 2018

Dear Clients, Friends, and Community –Like many of you, we are shocked at the administration’s treatment of asylum seekers and in particular the separation of families at the border. Seeking asylum is not a crime. There is no law preventing families from staying...

USCIS, Having Granted No Applications Under International Entrepreneur Rule, Proposes Elimination of Program

USCIS, Having Granted No Applications Under International Entrepreneur Rule, Proposes Elimination of Program

May 29, 2018

On May 29, 2018, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register  proposing elimination of the International Entrepreneur Rule (IER).  Public comments on the proposed elimination are due by June 28, 2018.  USCIS expects that, after the comments are considered and a final rule is published, the final rule would take effect 30 days after publication.

Update on work authorization for certain H-4 dependents

Update on work authorization for certain H-4 dependents

Mar 1, 2018

The Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now a potential timeline for that to occur.  In ongoing litigation over the regulation allowing H-4 employment, the U.S. Court of Appeals for the District of Columbia Circuit ordered the case to be held in abeyance following a motion from the Department of Homeland Security (“DHS”) requesting time to issue a proposed “rescission” regulation in February 2018.  Although DHS did not issue such a regulation in February, the Circuit Court order, issued February 21, 2018, gives the DHS 90 days, or until May 22, 2018, to provide an update on rulemaking.  

USCIS Restricts Availability of NAFTA Work Authorization (TN Status) for “Economist” Category

USCIS Restricts Availability of NAFTA Work Authorization (TN Status) for “Economist” Category

Jan 4, 2018

On December 18, 2017, U.S. Citizenship & Immigration Services (USCIS) announced a policy change affecting the adjudication of applications for TN visa status under NAFTA. 

Background on TN visa status

TN visa status allows citizens of Canada or Mexico to work legally in the U.S. if their employment fits within any of 62 occupational classifications and they have the corresponding educational and/or professional qualifications.  One such occupational classification is “Economist.”  The full list of eligible occupational classifications is found in Appendix 1603.D.1 of the NAFTA treaty, as well as in the federal regulations at 8 C.F.R. Section 214.6.

USCIS Accepts Applications Under the International Entrepreneur Rule, While Pushing Plans to Abolish the New Rule

USCIS Accepts Applications Under the International Entrepreneur Rule, While Pushing Plans to Abolish the New Rule

Jan 4, 2018

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the International Entrepreneur Rule (IER), in compliance with a federal court order. The IER regulations, 8 CFR § 212.19, allow qualifying foreign national entrepreneurs to enter the U.S. temporarily to develop and grow new businesses. At the same time it is accepting applications under the IER, however, the agency is preparing to publish a Notice of Proposed Rule-Making (NPRM) to rescind the IER. Thus, it is unclear whether individuals who apply to enter the U.S. pursuant to the IER will ultimately receive the benefits of the rule, or for how long.

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