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Trump Administration Ends Automatic Release of Pregnant Women in Federal Custody

The Trump administration has ended an Obama-era policy that required immigration officials to release pregnant women in detention from federal custody. As of at least December, the Trump administration has directed Immigration and Customs Enforcement (ICE) to treat pregnant detainees as they would any other, except for women who have…

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USCIS Cautions Against Different Employers Filing H-1B Cap Petitions for the Same Beneficiary to Increase Success

A new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) makes clear that different H-1B petitioners may not file multiple H-1B petitions for a single beneficiary. This applies in a situation where different employers seek to file an H-1B petition for the same person. According to…

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What’s New in Immigration? H-1B Season Imminent, Policy Changes, and TPS Updates

H-1B Filing Season Opens Next Week USCIS will begin accepting H-1B petitions that are subject to the FY 2019 cap on April 2, 2018. To make sure you are prepared click here for a running checklist of supporting documents typically included in a cap-subject petition. In addition please click here to read…

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Spending Bill Passes Without a DACA Solution

President Donald Trump is digging his heels in on DACA, although he is perhaps much more interested in securing $25 billion in funding, to build his long-promised wall between the United States and Mexico. On Friday, Congress voted to pass a $1.3 trillion spending bill, designed to fund the government…

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H-1B Blunders: USCIS Announces Suspension of Premium Processing for FY 2019 H-1B Cap Subject Petitions, A Word of Warning

In what seems like déjà vu, today, March 20, 2018 the United States Citizenship and Immigration Services (USCIS) formally announced that the agency will be temporarily suspending premium processing service for all fiscal year 2019 cap-subject petitions, including petitions that seek an exemption for individuals who possess a U.S. master’s…

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Success Story: Challenging EB-2 National Interest Waiver for Real Estate Professional

Andrew, a real estate professional and Vice President of a large real estate firm headquartered in Asia, came to our office to discuss the possibility of filing for an EB-2 National Interest Waiver. To receive a national interest waiver, the applicant must demonstrate a high level of achievements and unique…

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Immigration Roundup: What’s New In Immigration

Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens…

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Syrian Nationals: USCIS Announces Extension of TPS Designation for Current Beneficiaries

On March 5, 2018, the United States Citizenship and Immigration Services (USCIS) announced that Syrian nationals currently receiving benefits under Temporary Protected Status (TPS) may re-register between March 5, and May 4, 2018, to maintain their status under the program. Re-registration instructions and information on how to renew employment authorization…

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How to Avoid Dreaded H-1B Requests for Evidence and Increase Chances of Approval

Tis the season to file for one of the most popular visa types: The H-1B visa. Filings for cap-subject petitions will begin to be accepted by USCIS beginning April 2nd and the filing period will end on April 6, 2018. As many of you know, the odds of being selected…

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Proposal to Amend H-4 EAD Rule Delayed Until June 2018

During December of last year, the United States Citizenship and Immigration Services (USCIS), announced that the agency was beginning to take preliminary steps to terminate H-4 Employment Authorization for certain H-4 spouses, a privilege that has been available to eligible spouses of H-1B nonimmigrant workers since 2015. As it stands,…