April 23, 2019
On April 22, the Supreme Court of the United States (SCOTUS) agreed to hear the case of a permanent resident in the U.S. currently under removal proceedings following criminal convictions. In deciding this case, SCOTUS will determine whether U.S. Federal Immigration Laws allow for a permanent resident to ...
April 23, 2019
Department of Homeland Security Border Agents at some U.S. Ports of Entry along the Canadian border have begun directing Canadians seeking L-1 Visa renewals to instead submit to the lengthy process of filing an extension petition with USCIS. Under previous practice, highly skilled Canadian Citizens applying for ...
April 23, 2019
The U.S. Embassy in Israel has announced that a treaty investor agreement has been signed between the United States and Israel, granting Israeli citizens the ability to apply for an E-2 visa at the U.S. Embassy Branch Office Tel Aviv. Additionally, certain Israeli nationals who are ...
April 23, 2019
Update: President Donald Trump issued a memorandum on Monday, April 22 that aims to force compliance from countries whose nationals consistently overstay valid travel and business visas. Per a 2018 report by the Department of Homeland Security (DHS), the countries that fall into this category are mostly ...
April 12, 2019
Melia Russell | April 12, 2019 Some U.S. border agents have quietly begun refusing to process work visas for Canadians already working in the country, a change that is confounding immigration lawyers and could pose problems for big Silicon Valley employers that frequently move tech workers between Canada ...
April 11, 2019
Update: At 6:10 pm EST on April 11, 2019, the USCIS announced that they have completed the H-1B Cap random selection process and have also determined that it has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption ...
April 10, 2019
The United States accounts for approximately 26% of the global volume of science and engineering research. Given the current record low unemployment rate below 4% in the US, research suggests that the US needs foreign highly-skilled workers to maintain our position as the world leading STEM ...
April 10, 2019
USCIS launched the “H-1B Employer Data Hub” on April 1, 2019, which allows the public to search and view data on the H-1B program, including which U.S. employers are using the H-1B program and approval/denial rates on such petitions. The program was created by USCIS ...
April 6, 2019
Update: At 5:37 pm EST, the USCIS announced that they have received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if they have received a sufficient number of ...
April 2, 2019
Paayal Zaveri | Aditi Roy Vraj Parikh started coding when he was 8 years old. He’s been coding ever since, with his passion for computer programming bringing him to the United States, where he received a master’s in computer science from Indiana University. After a stint at ...
March 26, 2019
Reports indicate an increase in the number of ICE arrests of undocumented immigrants without a criminal record. In recent months, less than 70% of undocumented immigrants arrested by ICE have a criminal record, compared to more than 80% arrested during the previous administration. Experts are concerned that ...
March 26, 2019
The Trump Administration is reportedly planning to close all 23 international USCIS offices, which currently handle family visa requests, international adoptions, and other tasks. The Director of USCIS announced in an internal email sent to USCIS staff that the agency is currently working to transfer these tasks ...
March 26, 2019
Consulting and Outsourcing Businesses relying on H-1B Visa workers havefiled over 40 lawsuits against the federal government claiming that USCIS has been too aggressive with the rate at which they are issuing RFEs and denying H-1B visa applications. By filing such a high number of suits ...
March 26, 2019
The Department of Labor released a Guidance on March 15, 2019 which may require H-1B employers to reevaluate posting practices to ensure compliance with the posting notice rule. The guidance specifically stresses the importance of ensuring that any affected employees, including those working through third-parties, have adequate ...
March 12, 2019
USCIS has responded to stakeholder requests following the announcement of a revised I-539 and New I-539A application forms for Nonimmigrant dependents by revising the terms of the new forms’ introduction. Initially, USCIS announced that the Service would release the new forms on March 11 and ...
March 12, 2019
USCIS released a report indicating that the first quarter of the 2019 Fiscal Year contained an increased number of Requests for Evidence (RFEs) issued for H-1B Visa Petitions. The data shows that USCIS issued RFEs for a record high of approximately 60% of all H-1B ...
February 26, 2019
Researchers at George Mason University have found that tech companies owned by immigrants have “higher rates of innovation” compared to companies owned by U.S. nationals. Fifteen of the sixteen measures used in the study indicated greater rates of innovation among immigrant-founded firms. Pro-business groups note that despite ...
February 26, 2019
Four years after the Department of Homeland Security (DHS) published its final rule extending employment eligibility to H-4 dependent spouses of H-1B Visa Holders who are applying for employer-sponsored Green Cards, DHS has submitted a proposed rule to the Executive Office of the President which would rescind the previous ...
February 26, 2019
As a follow up to our article published February 13, 2019 regarding the revised version of form I-539, the American Immigration Lawyers Association (AILA) has sent a letter to L. Francis Cissna, the director or the United States Citizenship and Immigration Services (USCIS) requesting that effective date of ...
February 26, 2019
USCIS has announced new guidance for officers adjudicating I-130 Petitions for Alien Relatives. Between FY 2007 and FY 2017, USCIS approved approximately 8,500 spousal petitions involving minors between the ages of 13 and 17. In an effort disincentivize child marriage in US immigration, USCIS has emphasized the need for ...
February 26, 2019
A new bill, The Fairness for High-Skilled Immigrants Act of 2019, has been introduced to address the wait time for immigrants to the United States. Under the current system, the number of immigrant visas that are granted to nationals of any one country cannot exceed 7% of ...
February 22, 2019
In this week's Immigration Nerds podcast, we talk to Ron Hira, a Howard University professor and co-author of “Reforming US High Skilled Guestworker Program” which was published in the Atlantic Council. Erickson Immigration Group attorneys Justin Parsons and Hiba Anver discuss the H-1B program with ...
February 16, 2019
Update: Starting Tuesday, February 19, premium processing will again be available for all H-1B petitions filed on or before December 21, 2018. This includes all change of employer petitions, amendments, and extensions filed through that date. imple extensions of H-1B status without changes in employment remain eligible for Premium ...
February 14, 2019
Grammy-nominated rapper 21 Savage was apprehended by ICE earlier this month for overstaying his visa. Although he was released on bond this Wednesday, his permanent stay in America still lies in jeopardy potentially leaving behind his 3 American-born children, millions of dollars of revenue and ...
February 14, 2019
As a result of AILA’s report on long-delayed USCIS processing times, 86 Members of Congress, led by Rep. Jesús Garcia (D-Ill.), have signed a letter addressed to the USCIS Director, Francis Cissna expressing their concerns over these delays and requesting insight into any contributing factors. Specifically, they are requesting ...
February 13, 2019
USCIS announced its plans to publish a revised version of Form I-539 on March 11, 2019. As of this date, USCIS will no longer accept any earlier version of Form I-539. There are notable changes to Form I-539 requirements, primarily affecting co-applicants. As part of USCIS’s ...
February 13, 2019
The Department of Homeland Security designed an undercover operation to expose immigration fraud by creating the University of Farmington in Farmington Hills, Michigan. The University, operated by DHS since 2017, accepted enrollments and tuition payments but offered no curriculum or classes. This operation serves as a reminder ...
February 13, 2019
U.S. employers seeking to employ foreign nationals have seen success in settling lawsuits filed against USCIS challenging visa denials. The American Immigration Lawyers Association (AILA) created a litigation task force to assist business immigration attorneys and businesses in filing suit in response to the shift in treatment of ...
February 13, 2019
Effective March 1, 2019, the U.S. Consulates in the Chinese cities Chengdu and Shengyang will no longer accept H or L visa interviews. The U.S. Department of State announced that it will be reducing the number of interviewing posts from five to three. From this date forward, ...
February 13, 2019
On January 30, 2019, The American Immigration Lawyers Association (AILA) issued a report which analyzed USCIS data on processing times from FY 2014 to FY 2018. The report finds that overall average case processing times have increased by 91% since FY 2014 and 46% over the last ...