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…
Holiday Travel Planning for Foreign Nationals
If you are a foreign national planning to travel abroad this holiday season, please make sure you have the immigration documents and instructions you need to depart and reenter the United States in advance of your trip. Understanding your immigration…
Federal Immigration Agencies Release Fall 2019 Regulatory Agendas
The Departments of Homeland Security and State have announced their Fall 2019 regulatory agendas, which disclose each agency’s immigration rulemaking priorities for the coming months. When and if finalized, these rules could significantly impact the H-1B, L-1 and EB-5 programs,…
Congress Passes Another Short-Term Spending Measure Through Dec. 20, Temporarily Extending Key Immigration Programs
Congress has voted to temporarily extend federal government funding through December 20, 2019. The spending measure means that federal functions – including immigration operations – should continue uninterrupted through December 20, 2019, while FY 2020 budget negotiations continue. The bill…
Visa Bulletin – December
The Department of State posted the visa bulletin for December today. USCIS advised that it will accept family and employment-based adjustment of status petitions for December based upon the filing date. See https://www.uscis.gov/visabulletininfo for the updated information. Immigrant Visa Availability…
State Department Withdraws Revised Blanket L Visa Standard, But Future Changes Are Expected
The State Department has withdrawn blanket L visa guidelines that would have required applicants to show their eligibility by “clear and convincing evidence” and directed officers to deny applications where questions about the applicant’s eligibility could not be resolved quickly. Under longstanding…
USCIS Proposes Significant Changes to Immigration Benefits Fee Structure
A proposed DHS fee schedule would increase costs for most petitioners and applicants, and would impose new filing and fee requirements for many case types, according to a notice of proposed rulemaking set to be published in the Federal Register on November…
Federal Appeals Court Sends H-4 Work Authorization Lawsuit Back to Lower Court for Further Consideration
The U.S. Court of Appeals for the District of Columbia Circuit has determined that an advocacy group representing U.S. technology workers has standing to challenge the Department of Homeland Security’s H-4 employment authorization document (EAD) program, overturning a lower court…
DHS Finalizes H-1B Cap Registration Fee
The Department of Homeland Security (DHS) is moving forward with plans to impose a $10 non-refundable fee for each H-1B registration submitted by petitioning employers in the forthcoming H-1B cap registration portal, according to a rule that will be published in the…
Polish Nationals Eligible for B Visa Waiver Program Starting November 11
Nationals of Poland will be soon be eligible to apply for visa-free business or tourist visitor travel to the United States, the Department of Homeland Security announced today in coordination with the State Department. Starting November 11, Poland will be added…
H-1B Cap Update: Decision on H-1B Cap Registration Expected This Year, Acting USCIS Director Says
Speaking at the SHRM Global Mobility and Immigration Symposium today, Acting USCIS Director Kenneth T. Cuccinelli said that his agency continues to test an online H-1B cap registration tool and plans to notify stakeholders before the end of this year…
Federal Court Blocks Health Insurance Requirement for Immigrant Visa Applicants
An Oregon federal court has issued a temporary restraining order (TRO) 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…
DHS Continues to Extend TPS Status for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan in Compliance with Court Orders
The Department of Homeland Security (DHS) will continue to preserve Temporary Protected Status (TPS) designations for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan while challenges to DHS’s decision to terminate TPS for these countries continue, according to a notice that…
State Department Publishes Draft Public Charge Questionnaire
The State Department has proposed a draft questionnaire to be used by consular officers to determine the admissibility of visa applicants under its new public charge rule. The rule, which would impose a higher standard on visa applicants to establish…
State Department Clarifies Standard of Review for Blanket L Visa Applications
The State Department has updated its guidelines for adjudication of blanket L visa applications, reminding consular officers that blanket L visa applicants must demonstrate their eligibility by “clear and convincing evidence.” According to the updated guidance, officers are directed to…
USCIS to Increase Premium Processing Fee Starting December 2nd
U.S. Citizenship and Immigration Services is increasing the Form I-907 premium processing fee to $1,440, from $1,410, according to an announcement issued Wednesday. A final rule on the fee change has been published in the Federal Register. The fee increase is to take effect…
Visa Bulletin – November
The Department of State posted the visa bulletin for November today. USCIS advised that it will accept family and employment-based adjustment of status petitions for November based upon the filing date. See https://www.uscis.gov/visabulletininfo for the updated information.
State Department Postpones Implementation of Public Charge Regulation
The State Department will defer enforcement of its new public charge rule while it develops new forms and procedures to implement the rule. Until further notice, visa applicants will not be subject to heightened scrutiny of their finances, health and other personal circumstances contemplated under…
Federal District Court Blocks Enforcement of DHS Public Charge Regulation
Judge George Daniels of the Federal District Court for the Southern District of New York has enjoined the Department of Homeland Security (DHS) from enforcing its new public charge regulation, which was to take effect on October 15, 2019. The regulation…
State Department Issues Public Charge Regulation to Align with DHS Rule
The State Department will apply a new standard to determine whether visa applicants are likely to become a public charge under a regulation set for publication tomorrow and scheduled to take effect October 15, 2019. The new rule largely mirrors…
Public Charge Rule Set To Take Effect October 15, But Faces Legal Challenges
Starting October 15, 2019, 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 take…
Presidential Proclamation Imposes Health Insurance Requirement on Immigrant Visa Applicants
The State Department will suspend the issuance of immigrant visas to foreign nationals who cannot demonstrate that they will obtain health insurance or otherwise pay for their healthcare expenses in the United States, according to a presidential proclamation issued Friday. Starting November…
Congress Passes Short-Term Spending Measure Temporarily Extending Key Immigration Programs
Congress has voted to temporarily extend federal government funding through November 21, 2019. The spending measure means that federal functions – including immigration operations – will continue uninterrupted through November 21, 2019, while FY 2020 budget negotiations continue. The bill…