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Articles Posted in Policy

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Court Issues Nationwide Injunction Preventing USCIS from Enforcing Policy Memo Changing Accrual of Unlawful Presence for F, J, and M Nonimmigrants

On August 8, 2018, DHS issued a policy memorandum directing USCIS to change the way in which the agency counted the days of unlawful presence for F, M, and J status violators. Under that policy memorandum, F, M, and J nonimmigrants who accrued more than 180 days of unlawful presence…

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White House Issues Presidential Proclamation to Tighten Asylum Process

The White House recently issued a Presidential Memorandum to strengthen asylum procedures and safeguard the asylum system against fraud. The Presidential Proclamation specifically orders the Attorney General and Secretary of Homeland Security to take several measures to enhance the security of the asylum system by July 28, 2019. These measures…

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H-1B Lottery Receipts Begin to Roll In

Great news! Our office has begun to receive our first I-797 receipt notices in the mail for petitions that were filed with premium processing in the lottery. So far, our office has received four such receipt notices for individuals who filed under the advanced degree exemption. All four of these…

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This Week in Immigration News: TPS Extension for Yemen, Proposed Rule on Public Benefits published in the Federal Register, Kavanaugh Sworn in

Photo by Thomas Hawk, Flickr Extension of TPS Designation for Yemen The Department of Homeland Security has announced an extension of the TPS designation of Yemen for a period of 18 months, from September 4, 2018 to March 3, 2020. Re-registration is limited to persons who have previously registered for…

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NTA Policy Memo to be Implemented Beginning October 1st for I-485 and I-539s

Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings. During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align…

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DHS Proposes New Rule to Restrict Admission of Aliens Reliant on Public Benefits

On Saturday, September 22, 2018, the Department of Homeland Security announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States.  The new proposal entitled, “Inadmissibility on Public Charge Grounds,” has been signed by the Secretary…

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Guidance on New USCIS Policy Denying Petitions without first issuing RFE or NOID

We would like to remind our readers that beginning September 11, 2018, USCIS immigration officers will have the discretion to issue denials without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOIDs). The new policy was announced in a policy memorandum released during the month…

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Accrual of Unlawful Presence for F, J, and M, Non-immigrant Visa Violators, Begins August 9th

A new policy memorandum will change the way the accrual of unlawful presence is calculated for F, J, and M non-immigrant visa holders, and their dependents, beginning August 9, 2018, and onwards. The accrual of unlawful presence may lead to a bar preventing the foreign national from re-entering the United…

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STEM OPT Students: Changes to USCIS Policies Prompt Wave of Lawsuits

Earlier this year, the United States Citizenship and Immigration Services (USCIS) suddenly changed the regulations governing the Optional Practical Training Program (OPT). According to the USCIS website, a U.S. employer who has hired an international student under the STEM OPT program may not assign, or delegate training responsibilities to a…

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This Week in Immigration News: Return of Unselected H-1B Petitions, Delay in Implementation of NTA Policy, and I-751 Petition Transfers

Return of Unselected H-1B Petitions H-1B cap-subject petitions that were not selected in the fiscal year 2019 visa lottery have been returned to unlucky applicants. If you filed a petition between April 2 and April 6 and you did not receive a receipt notice for your application, you will be…