General Immigration News and Updates

A recent federal district court decision from the Middle District of North Carolina has blocked the U.S. Department of Homeland Security from enforcing its 2018 Memorandum on F, J, and M Nonimmigrant Unlawful Presence nationwide. In Guilford College et al. v. Chad Wolf, U.S. Department of Homeland Security et al., Federal District Judge, Loretta

As of February 24, 2020, all applications for Adjustment of Status will be subject to the enhanced Public Charge Rule after a rule by the U.S. Supreme Court on January 27, 2020.  This rule, originally scheduled to take effect on October 15, 2019, was enjoined due to multiple federal court injunctions, which have now been

Today, Jan. 31, 2020, USCIS published the long awaited new version of the Form I-9, Employment Eligibility Verification for immediate use.  The Department of Homeland Security (“DHS”) published a notice today in the Federal Register announcing the official release of the new version of the form, as approved by Office of Management and Budget on

From the Public Engagement Division of USCIS:  U.S. Citizenship and Immigration Services announced on 12/6/19 the requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10 H-1B registration fee before filing a petition for the fiscal year 2021 H-1B

On November 14, 2019, the Department of Homeland Security published a notice of proposed rulemaking in the Federal Register to adjust the U.S. Citizenship and Immigration Services (USCIS) Immigration Examinations Fee Account (IEFA) fee schedule.  The public comment period is open until December 16, 2019.

Unlike most government agencies, USCIS is fee-funded.  According to the

Immigration and Customs Enforcement (ICE) recently announced changes to student’s access to the Student and Exchange Visitor Program (SEVP).    Instead of allowing  students  access to their portal accounts indefinitely, in the future student’s access will be limited after their optional practical training (OPT) authorization ends.  The government will soon only allow access to the SEVP

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association).

Below are highlights from the most recent “check-in with Charlie”

As you (should) know, the current edition of the Form I-9 expired on August 31, 2019.  USCIS has decreed that, until further notice, employers should continue using this 2017 edition of the Form I-9 (annotated with “Form I-9 07/17/17 N” in the lower left corner and “Expires 08/31/2019” in the upper right corner) until further

On Wednesday, July 24th 2019, the U.S. Department of Homeland Security published a new EB-5 regulation which will go into effect November 21, 2019.  The new EB-5 regulations will effectuate a number of changes, including increasing the minimum investment amounts, revising the standards for TEA determination, allowing investors to maintain their priority dates, and clarifying

USCIS’ previous practice of adjudicating the I-539, Application to Extend/Change Nonimmigrant Status, filed with a qualifying I-129 petition under Premium Processing has ended.  USCIS now requires every I-539 applicant pay a biometrics fee and an Application Support Center appointment take place to capture the applicant’s biometrics.  This has led to I-539 applications taking substantially longer