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Recent Blog Posts

USCIS Finalizes Changes to “Public Charge” Rule

Update 8/15/2019 As reported by the American Immigration Lawyers Association (AILA): On Wednesday, August 14, 2019, DHS published a final rule governing the INA §212(a)(4) public charge grounds of inadmissibility. Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Summary of Rule The DHS final rule dramatically […]

Government Expands Social Media Monitoring of Immigration Applicants

The Brennan Center for Justice at New York University School of Law issued an investigative report detailing the extent of the greatly increased monitoring of social media by the Department of Homeland Security (DHS). Monitoring social media sites by DHS is not new; the department has been using the technique for over ten years. As […]

USCIS Will No Longer Premium Process H-4s and L-2s filed with H-1B and L-1 Petitions

The American Immigration Lawyers Association (AILA) reports that USCIS will no longer continue its “courtesy practice” of providing premium processing service to H-4 and L-2 applications (Form I-539) filed concurrently with H-1B and L-1 petitions (Form I-129). Rather, USCIS will separate an I-539 application from the I-129 petition and follow the regular I-539 processing time, […]

USCIS Reaches FY 2020 H-1B Regular Cap

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. The agency will […]

USCIS Resumes Premium Processing for All H-1B Petitions

March 12, 2019 USCIS announced today that it  is resuming premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you may include your RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a […]

DHS Plans to End Employment Authorization for H-4 Spouses

The Department of Homeland Security (DHS) proposed amending its rule permitting employment authorization for H‑4 dependent spouses. Citizenship and Immigration Services (USCIS) issues H‑4 visas to the spouses and minor children of H‑1B visa holders. Currently, an H‑4 dependent spouse is permitted to receive an employment authorization under certain conditions, specifically if the H‑1B visa holder is […]

Update: New Rule for H-1B Visas Goes into Effect

The Department of Homeland Security (DHS) published its final rule, amending the process for selecting foreign nationals to receive cap-subject H-1B visas. The H-1B visa program allows companies to hire, for a three-year term (renewable once), foreign workers who have a bachelor degree or higher and have highly specialized knowledge in specialty occupations such as […]

Refugee Wars

I drove along I-35 South from San Antonio to Dilley, TX, to spend a week with 30 other volunteers, advising intending refugees from Central America how to navigate the U.S. asylum system. We were headed to the South Texas Family Residential Center (STFRC), the largest immigrant detention center in the United States. Over the next […]

Administration Proposes Changes to H-1B Process

On December 3, 2018, the Department of Homeland Security (DHS) published a proposed change to its H-1B regulations.  H-1B visas are temporary permissions for foreign professionals to come to the U.S. to work in positions known as “specialty occupations.”  These positions normally require a bachelor or higher-level degree, therefore highly specialized knowledge, to perform.  If the […]

Court Blocks Administration’s Asylum Rule Changes

Invoking emergency national-security measures, the Administration has continued its attack on our Asylum laws, which are based on international obligations and adopting U.S. laws more than 50 years old.  Changes to the laws, described below, would eviscerate US asylum law if upheld and, as expected, are under challenge in the U.S. courts. On November 9, […]

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