The Department of Homeland Security will release an additional 30,000 H-2B visas for returning seasonal workers who previously worked in the U.S. during one of the last three fiscal years (2016, 2017 and 2018). On May 6, 2019, DHS announced that a joint DHS/DOL temporary rule increasing the H-2B cap would be published in the…

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Asylum seekers detained after entering the United States are entitled to prompt and fair credible fear interviews and, for those found to have credible asylum claims, bond hearings. The case Padilla v. ICE, No. 2:18-cv-928 MJP (W.D. Wash. filed June 25, 2018) challenges the punitive practice of keeping asylum seekers in custody for weeks or…

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Multiple reports have been received from AILA (American Immigration Lawyers Association) members that certain ports of entry (POE) along the Canadian border are refusing to process petitions for readmission in L-1 status that are presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA).  Several locations have implemented the new CBP policy of…

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Beginning March 11, 2019, USCIS will only accept the revised version of Form I-539 Application to Extend/Change Nonimmigrant Status with edition date 02/04/2019. The revised version was published on the USCIS website as of March 11, 2019.  USCIS will reject any Form I-539 with an edition date of 12/23/16, or earlier, that is received by…

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USCIS announced it will resume premium processing on Tuesday, March 12, for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time.  Normally, it takes between 3 and 5 months for USCIS to process work visas. If you received a request for evidence (RFE) for…

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USCIS will resume premium processing on Monday, January 28, 2019 for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). This refers to any H1-B lottery applications filed last April that are still pending with the agency.  Employers who have petitions still at the agency…

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On November 30, 2018, The Department of Homeland Security published a notice of proposed rulemaking affecting the H-1B visa process that would require petitioners seeking to file H-1B cap-subject petitions to register electronically with the U.S. Citizenship and Immigration Services (USCIS) during a designated registration period.   It would also reverse the order by which the…

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The 9th U.S. Circuit Court of Appeals recently held that a grant of Temporary Protected Status constitutes an “admission” for adjustment of status to lawful permanent residence.  While this is potentially promising news for TPS holders interested in adjusting to lawful permanent resident status, advocates in the 9th Circuit should wait for guidance from U.S.…

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If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have rights as described in the fact sheets found at this link: http://www.aila.org/advo-media/tools/psas/know-your-rights-handouts-if-ice-visits. You have the following rights: You have the right to remain silent. You may…

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The U.S. Senate introduced two bills last month which would give hope to those individuals who were brought to the United States as children and grew up in this country. They are the American Hope Act and the Dream Act of 2017. The American Hope Act 2017 provides legislation to permanently protect young undocumented immigrants…

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