Federal District Court Enjoins USCIS from Enforcing Unlawful Presence Rules for Students and Exchange Visitors
Yesterday, a federal district court judge issued a permanent injunction that prohibits U.S. Citizenship & Immigration Services (USCIS) from implementing a policy under which F, J and M nonimmigrant students and exchange visitors and their dependents would automatically begin to…
DHS Suspends Trusted Traveler Enrollments and Renewals by New York State Residents
Department of Homeland Security Secretary Chad Wolf has announced that his agency will not accept applications for new and renewed Trusted Traveler Program memberships from New York State residents, on account of that state’s new Driver’s License Access and Privacy Act. That law limits the…
Coronavirus Update: U.S. Adds Four More Airports to Screen Individuals Traveling from China; Visa Issuance Delays Likely for Those with Recent China Travel
The Department of Homeland Security has officially designated four additional international airports to the list of those charged with advanced screening for the coronavirus, following several travel restrictions imposed by the U.S. government last week. The new airports to which targeted flights…
USCIS Previews H-1B Cap Registration System
In a webinar for employer stakeholders held today, USCIS presented the new H-1B cap registration system, which will be in effect for the FY 2021 cap season. Key elements of the registration and petition process are addressed below. USCIS’s slide…
USCIS Prepares to Implement Public Charge Regulation
USCIS has issued extensive policy guidance and new application forms as it prepares to implement its new public charge regulation starting February 24, 2020. Applicants for adjustment of status, as well as sponsoring employers and beneficiaries of applications to change…
Consular Closures in China During Coronavirus Crisis
Jurisdictions around the world have been issuing travel advisories, cancelling visa appointments, implementing limited travel restrictions, closing government offices, and taking other measures in order to contain the spread of the novel coronavirus. Notably, many consular posts and visa application…
USCIS Issues New Edition of Form I-9
As expected, a new edition of the I-9 employment eligibility verification form has been issued for public use. The new edition is dated 10/21/2019 and will become mandatory on May 1, 2020. Through April 30, 2020, employers can continue to use the previous…
President Trump Suspends Immigrant Visa Issuance to Foreign Nationals From Six Countries, with Exceptions
President Trump has signed a presidential proclamation that suspends certain immigrant visa issuance to foreign nationals from several countries, primarily in Africa, with some exceptions. Foreign nationals from Eritrea, Kyrgyzstan, Myanmar (Burma), and Nigeria will not be issued any immigrant visas under…
Public Charge Rule to Take Effect on February 24
Starting February 24, 2020, a regulation that broadens USCIS’s authority to determine whether certain foreign nationals will become a public charge of the United States and expands the inquiry to nonimmigrants seeking an extension or change of status is set to…
Coronavirus Update: U.S. Imposes Travel Restrictions and Quarantines on Individuals Traveling from China
The White House has issued a presidential proclamation that will impose travel restrictions and quarantines on travelers from China. Health and Human Services Secretary Alex M. Azar II announced late Friday in a White House press conference that the coronavirus…
Latest USCIS Data Show RFE and Denial Rates Remained High for Key Employer-Sponsored Nonimmigrant Categories in the First Quarter of FY 2020
U.S. Citizenship and Immigration Services (USCIS) data for the first quarter of FY 2020 show continued high rates of requests for evidence (RFEs) and denials in key employer-sponsored nonimmigrant categories, though there was some improvement in H-1B outcomes. The overall…
New I-9 Form Coming with Grace Period for Prior Version
A new version of the I-9 employment eligibility form (10/21/2019 edition) is expected to be available to employers tomorrow, but the prior version (07/17/17 edition) will remain in effect for 90 days thereafter, according to an advance notice. Specific implementation dates for the…
President Trump Signs Legislation to Ratify U.S.-Mexico-Canada Agreement
President Trump today signed H.R. 5430, the United States-Mexico-Canada Agreement Implementation Act, which ratifies the trade agreement that will soon replace the North American Free Trade Agreement (NAFTA). H.R. 5430 was passed by Congress on January 16. The leaders of Canada,…
New State Department Rule Addresses B Visa Travel for Childbirth, Medical Treatment
A new State Department regulation prohibits a pregnant foreign national from obtaining a U.S. B-1/B-2 visitor visa if a consular officer determines that the primary purpose of her trip is to obtain U.S. citizenship for the child by giving birth…
Visa Bulletin – February
The Department of State posted the visa bulletin for February today. USCIS advised that it will accept family and employment-based adjustment of status petitions for February based upon the filing date. See https://www.uscis.gov/visabulletininfo for the updated information. Overview of Visa Bulletin…
USCIS Announces Preliminary Details on H-1B Cap Registration for FY 2021, Though Questions Remain
USCIS formally announced details of its H-1B cap registration process for fiscal year 2021 in Thursday's Federal Register, though important details are still unknown. The announcement confirms the dates of the registration period as March 1 through March 20, 2020 and provides…
Supreme Court Allows Public Charge Rule to Be Enforced While Legal Challenges Continue
The U.S. Supreme Court has lifted the last nationwide injunction barring implementation of the Department of Homeland Security (DHS) public charge rule. The rule can now be enforced temporarily in all states except for Illinois while lawsuits challenging the legality of…
Visa Bulletin – January
The Department of State posted the visa bulletin for January today. USCIS advised that it will accept family and employment-based adjustment of status petitions for January based upon the filing date. See https://www.uscis.gov/visabulletininfo for the updated information. To be eligible…
Congress Passes FY 2020 Spending Bills
Congress has passed two appropriations bills that will fund the federal government – including immigration operations – through FY 2020, which ends September 30, 2020. President Trump is expected to sign the spending package into law. A pair of appropriations bills passed today…
USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations
U.S. Citizenship and Immigration Services today announced new policy guidance (PDF, 404 KB) implementing two decisions from the attorney general regarding how two or more DUI convictions affect good moral character (GMC) requirements and how post-sentencing changes to criminal sentences affect convictions…
White House and Congressional Democrats Reach Agreement on USMCA
An agreement between the White House and Congressional Democrats moves the U.S.-Mexico-Canada Agreement (USMCA) closer to ratification in Congress. The Senate is expected to vote on ratifying legislation in 2020. Until USCMA is ratified by all three countries, the provisions…
DHS Extends Deadline for Public Comments on Proposed USCIS Fee Changes
The Department of Homeland Security (DHS) has extended the public comment period for its proposed fee rule to December 30, according to a notice published today in the Federal Register. The extension provides stakeholders with more time to weigh in on a…
H-1B Cap Registration To Take Effect for Upcoming Cap Season
The long-anticipated H-1B cap registration system will be in place for the upcoming fiscal year (FY) 2021 cap season, according to an announcement from U.S. Citizenship and Immigration Services today. The initial H-1B cap registration period will run from March 1 through…
Worksite Enforcement Investigations Remain High
Recent news reports confirm that in fiscal year (FY) 2019, U.S. employers continued to face heightened scrutiny from Immigration and Customs Enforcement (ICE) in the area of worksite enforcement. According to statistics provided to The Wall Street Journal, ICE initiated…
Federal Court Continues to Temporarily Block Health Insurance Requirement for Immigrant Visa Applicants
An Oregon federal court has issued a preliminary injunction temporarily blocking the Trump Administration from requiring immigrant visa applicants to show that they will have unsubsidized health insurance within 30 days after entry to the United States or the financial…