Navigating Complex U.S. Immigration Laws
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”…
After the USCIS Director L. Francis Cissna revealed that USCIS will end the practice of denying pending I-131 applications when an applicant travels overseas, USCIS recently updated its website with detailed information. Under the “Special Instructions” section of Form I-131, Applications for Travel Document, it states, “an individual may have an approved advance parole document…
Congressional negotiations on federal spending for the remainder of FY 2019 remain very active. If Congress and the President can’t come to an agreement on a spending bill or continuing resolution by midnight Friday, December 21, 2018, approximately 25 percent of government functions will shut down. Such a shut down will impact immigration services across…
The Department of Homeland Security (DHS) has issued its long-awaited Notice of Proposed Rulemaking (NPRM) to amend USCIS Regulations relating to cap-subject H-1B petitions filed under both the regular cap and advanced degree exemption. Comments from the public may be submitted to the agency within the next 30 days. This does not affect cap-exempt H-1B …
Employers large and small need to understand how immigration policy updates and enforcement affect their workplace compliance status. In a time of ramped-up government inspections, lack of preparation or information can leave businesses facing penalties. In fact, common structural changes like mergers, reorganizations, downsizing, relocations and layoffs require employers to reassess documentation for visa-holding employees…
On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking permanent resident status is “likely to become primarily dependent on the government for subsistence” for those seeking to immigrate to the…
President Trump signed a bill today, H.R. 6157, with a short-term continuing resolution (CR) preventing a government shutdown and extending certain programs, including the EB-5 Regional Center Program, through December 7, 2018. Without the CR, the EB-5 Regional Center Program would have expired on September 30, 2018. The CR extends the EB-5 Regional Center Program…
The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018. According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively…
On May 21, 2018, I posted a blog regarding the then Proposed USCIS Policy Change for F, J, and M Nonimmigrants and Unlawful Presence implications. On August 9, 2018, USCIS issued a revised final policy memorandum, effective that day. USCIS made changes to its proposed policy after considering feedback the agency received during the…
On August 3, 2018, the US District Judge for District of Columbia, John D. Bates, ruled that the Trump administration must fully restore the DACA program. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” In addition, the court also denied the…
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