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
Immigration Can Continue to Make America Great, If We Let It!
At a recent event, one of my former high school classmates who today is a distinguished Stanford University professor asked me whether there was much immigration legal work in Pittsburgh. He then commented that 80 percent of his graduate students were foreign nationals.
Of course, the same likely could be said for Carnegie Mellon or
H-1B Cap Season: Important Proposed Changes
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
Proposed Public Charge Rule Change
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
Concern for F-1 Students – Maintenance of Optional Practical Training (OPT)
USCIS recently issued a reminder for F-1 students that transferring to another education institution or beginning studies at another educational level automatically terminates Optional Practical Training (OPT) as well as the corresponding employment authorization document (EAD). The requirement to maintain status is important due to the proposed USCIS Policy Memorandum on the Accrual of Unlawful
Proposed Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence
On May 11, 2018, United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum for Public Comment, with the comment period set to end on June 11, 2018. The proposed change would affect those individuals and their dependents in the following statuses: Student (F-1 Academic Student and F-2 Spouse or Child of F-1 nonimmigrant);
What if the Government Shuts Down Tonight (1/19/2018)?: Impact on Immigration Services
Congressional negotiations on a federal spending bill remain very active. To avoid a federal government shutdown, a decision or a short-term continuing resolution (CR) to fund the government at current levels must be reached by Friday, January 19, 2017. Until a deal is made or a CR is passed, the threat of a shutdown remains
ICE Levies Largest Settlement Ever: Asplundh Tree Expert Co To Pay $95 Million
Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S.,
Form I-9 Alert!: Social Security Number Glitch
On April 17, 2017, USCIS alerted stakeholders concerning a glitch on the Form I-9. The glitch specifically relates to any Form I-9 downloaded between November 14, 2016 and November 17, 2016 and the employee’s Social Security number. Employers who downloaded Form I-9 during this brief period should ensure the employee’s Social Security Number appears correctly
H-1B Lottery Update!
Today, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery). This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000 regular-general cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected H-1B