EIG Dispatch
USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated
December 4, 2019

USCIS released guidance on November 21, 2019, which clarifies when the Service may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated. This guidance applies to the adjustment of status applications filed with USCIS after November 21, 2019. A ...

EIG Dispatch
USCIS Announces a Proposed Rule That Seeks to Change Eligibility Requirements for Work Authorization Based on Pending Asylum Claims
November 20, 2019

On November 14, 2019, the Department of Homeland Security (DHS) published a proposed rule modifying eligibility for employment authorization based on a pending asylum claim. USCIS’s proposal includes excluding from eligibility for employment authorization: Aliens who entered or attempted to enter the United States unlawfully without good ...

US News
Ken Cuccinelli Leaves Role as Acting Director of USCIS, Replaced by Mark Koumans
November 20, 2019

On Monday, November 18, it was announced that Ken Cuccinelli would no longer serve as the Acting Director of the U.S. Citizenship and Immigration Services (USCIS), a post which he has held for the last five months. At the time of publishing, according to the Department ...

Feature
Immigration Nerds at the SCOTUS Hearing for DACA
November 18, 2019

On Tuesday, the U.S. Supreme Court held an oral argument to deliberate over the White House’s plan to roll back Deferred Action for Childhood Arrivals (DACA). The policy, first implemented by the Obama administration in August 2012, allows undocumented individuals who were brought to the ...

Alerts
DHS Proposes Rule to Increase Immigration and Citizenship Fees
November 14, 2019

The Department of Homeland Security published a proposed rule to the Federal Register on Thursday, November 14. The DHS proposal increases fees for certain immigration and naturalization applications charged by the U.S. Citizenship and Immigration Services (USCIS). According to the proposed rule, the increase is ...

Alerts
US Court of Appeals for the DC Circuit Sends Save Jobs USA v. DHS Back to Lower Courts
November 9, 2019

Today, a three-judge panel from the United States Court of Appeals for the DC Circuit ruled that a challenge to the H-4 EAD (Save Jobs USA v. DHS) does have grounds to be heard in court. In September 2016, a DC-based United States District Court judge, ...

EIG Dispatch
I-539 Form to Extend Status May Now be Filed Online for Eligible Applicants
November 6, 2019

USCIS now offers select applicants the option to file an I-539 extension application online to facilitate processing queue. The eligible applicant must be filing for an extension of an existing status and must file individually (without co-applicants). Individuals may complete the I-539 form online to extend status ...

EIG Dispatch
USCIS Premium Processing Fee to Increase in December
November 6, 2019

On October 30, 2019 USCIS announced that the Premium Processing fee charged by the service for expedited processing of certain applications for immigration benefits will increase from $1,410.00 to $1,440.00 beginning December 2, 2019. Premium Processing is an optional service that allows petitioners or employees to request the 15-day ...

EIG Dispatch
CEOs and Deans From Top Business Schools Urge President Trump and Congress to Reform U.S. Immigration System
October 23, 2019

On October 15, CEOs and Deans from the top business schools in the country wrote a letter addressed to the President and members of Congress, asking them to reform the U.S. Immigration system to meet the country’s need for highly skilled employees in the STEM field. The ...

Alerts
Breaking News on Public Charge Regulation and Federal Court Injunction
October 15, 2019

On Friday, just four days before the Trump Administration's public charge rule was set to effect, federal judges in California, New York, and Washington issued a preliminary nationwide injunction. In a breaking alert, the Immigration Nerds talk with managing directors Hiba Anver and Justin Parsons ...

Alerts
Update: Courts Block Public Charge Rule
October 14, 2019

On Friday, three federal courts in California, New York, and Washington issued judgments that will block the implementation of the Trump Administration's public charge rule. As previously reported, the rule was to go in to effect on Tuesday, October 15. The public charge rule would evaluate ...

Feature
Immigration Nerds Talk About Save Jobs USA v. DHS
October 11, 2019

On September 27, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments for the Save Jobs USA v. DHS case that may determine the future work opportunities and livelihoods for the H-4 spouses of H-1B holders as they wait to ...

US News
USCIS Public Charge Rule to go Into Effect on October 15
October 9, 2019

USCIS has announced that, as a result of the Department of Homeland Security’s Public Charge rule, several forms for applications of immigration benefits, including form I-485 applications for adjustment of status and form I-129 petitions for nonimmigrant workers, will be updated as of October 15. USCIS will ...

EIG in the News
Erickson in the News: Next H-1B Lottery Likely to Feature Electronic Preregistration
October 4, 2019

Uncertainty of exact timing could undo expected cost savings Past problems with electronic filing systems has some attorneys concerned about reliability A new electronic preregistration process that’s likely to be part of next spring’s H-1B visa lottery is bringing additional uncertainty to what’s already a ...

Feature
Immigration Nerds talk to Diane Rish about AILA's H-1B FOIA Lawsuit and Resulting Insights
October 4, 2019

In this week's Immigration Nerds podcast, Diane Rish, the Associate Director of Government Relations at American Immigration Lawyers Association (AILA) joins us at the mic. Through multiple FOIA requests and painstaking litigation, AILA along with the American Immigration Council won access to USCIS documents that revealed ...

EIG Dispatch
Insight From the Department of Homeland Security Regarding the Future of the H-4 EAD Program
September 25, 2019

In a letter to a U.S. Court of Appeals on September 16, the Department of Homeland Security indicated that the earliest possible publication date for a proposed rule to rescind H-4 employment authorization would be in Spring 2020. Until such a time that a new rule goes ...

EIG Dispatch
Trump Administration Reaches Asylum Agreement with El Salvador
September 25, 2019

On September 20, the Trump administration came to an asylum cooperation agreement with El Salvador, designed to deter migrants from seeking asylum in the United States. The agreement states that any migrants that pass through El Salvador seeking asylum must apply for protection in that country first ...

EIG Dispatch
Department of Homeland Security Proposes Expansion of Social Media Disclosure Requirements
September 11, 2019

On September 4, 2019, the Department of Homeland Security (DHS) issued a proposal to collect social media user identifications in order to “assess an alien’s eligibility to travel to or be admitted to the United States or to receive an immigration-related benefit from DHS.” This change would ...

Alerts
USCIS Proposed a $10 Fee for H-1B Visa Applications
September 3, 2019

In a new Department of Homeland Security proposal released on September 3, employers who are applying for H-1B visas in next year's lottery would be required to pay an additional $10. This fee would go toward the electronic preregistration process used for the lottery. The fee ...

Alerts
Redefining the Citizenship Process for Children of U.S. Service Members Born Abroad
August 30, 2019

On Wednesday, August 28, the Trump administration announced changes to the definition of residency as it relates to the citizenship of children of U.S. service members born outside of the U.S. The current policy states that certain children living outside of the United States were considered ...

EIG Dispatch
USCIS Confirms all Notices for FY 2020 H-1B Cap Petitions Have Been Issued
August 28, 2019

On August 15, 2019, USCIS announced that it has issued return notices for all H-1B Cap Petitions that were not selected in the FY 2020 lottery. The lottery for successful H-1B Cap Petitions was completed by May 17, 2019, and USCIS has since taken steps to ...

EIG Dispatch
Twenty U.S. States Challenge Trump Administration’s Proposal to End Limits to Minor Detention
August 28, 2019

Twenty states announced their plans to file a lawsuit against the Trump Administration in response to its plans to amend the rule that limits the amount of time a migrant child may be held in detention centers to 20 days. Amending this rule would allow the ...

Alerts
September 2019 Visa Bulletin Released
August 20, 2019

The U.S. Department of State (DOS) released the September 2019 Visa Bulletin. Several Employment-Based preference categories have retrogressed or have become unavailable for the remainder of Fiscal Year 2019. For EB-1 categories, cut-off dates have advanced for persons born in Mexico, El Salvador, Guatemala, Honduras, the Philippines, Vietnam, ...

Alerts
Immigration, Trade, and Commerce Organizations Petition USCIS for Greater Review of Proposed H-1B Registration System
August 20, 2019

Last fall, USCIS announced that changes would be forthcoming for the H-1B program, as soon as this year. The new plan would require companies who seek an H-1B visa for a foreign worker to first submit a free online registration form instead of an initial ...

EIG Dispatch
UPDATE: USCIS to Close its Overseas Offices
August 14, 2019

In March 2019, USCIS announced its plan to close all of its overseas offices.However, on August 9, 2019, USCIS updated its plans and announced thatseven of the international offices will remain open. The field offices in Monterrey, Mexico and Seoul, South Korea will be the first ...

EIG Dispatch
U.S. District Court for the District of Columbia Clarifies H-1B Degree Requirement
August 14, 2019

On August 6, 2019, the U.S. District Court for the District of Columbia ruled that USCIS acted arbitrarily, capriciously, and abused its discretion in denying an H-1B work visa to a Data Analyst on the grounds that Data Analysts do not require a bachelor’s degree in ...

Alerts
Trump Administration Introduces Final "Public Charge" Rule
August 12, 2019

On Monday, August 12, the Trump Administration said it would move forward with new regulations that would deny green cards and visas to immigrants who use or are expected to use a wide range of government benefits, including food stamps, housing vouchers, and Medicaid. This ...

Alerts
USCIS to Allow for Public Reporting of Immigration Fraud
August 7, 2019

On Wednesday, August 7, U.S. Citizenship and Immigration Services (USCIS) announced it would introduce "a single, secure portal" for the public to report "credible and relevant claims of immigration benefit fraud." USCIS will accept additional public comment on the form beginning Thursday, August 8. Individuals will be ...

Feature
Immigration Nerds Talk About the Week in Immigration
August 2, 2019

In this week's Immigration Nerds podcast, we're joined by Erickson Immigration Group senior attorney Storm Estep to discuss recent policy updates from the week of July 15 - July 24. Storm explains H.R. 1044 and the companion bill in the Senate, new asylum rules and ...

Alerts
DC and California Judges Weigh in on Trump Administration's Asylum Eligibility and Procedural Modifications
July 25, 2019

As previously reported, on July 15, the Trump Administration published a new rule, Asylum Eligibility and Procedural Modifications, which would require individuals who pass through a third party country seeking asylum in the U.S. to first apply for asylum in that third party country. The rule was met ...