On Friday, January 8, 2021, a ruling was issued in US District Court striking down the proposed rules issued by the Trump administration making it harder to claim Asylum in the United States.  The rules sought to redefine how people qualify for asylum and similar forms of humanitarian protection if they face persecution at home.…

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If you’re keeping up with the news then you know that the 9th Circuit Court of Appeals recently upheld the Trump Administration’s ban on immigrants without health insurance. This comes after the courts had issued an injunction keeping the ban from going into effect. Theoretically this would deny visa applications to any immigrants who didn’t…

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The US Supreme Court recently struck down Trump’s efforts to put an end to DACA protections.  In his opinion, Justice John Roberts rejected the end of DACA primarily on procedural grounds. That is, the court seemed to take more issue with how the Trump administration was attempting to end DACA than with DACA itself.  “We…

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If you want to hire an H-1B worker it might be a good time to get your application in quickly. The Trump Administration is considering a moratorium on H-1B vias through October 1, 2020. Rumors also suggest Trump intends to raise the minimum wage an employer may pay an H-1B visa holder.  The ban would…

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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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