USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
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…
Read MoreProposed Changes to H-1B Visa Regulations
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…
Read MoreCourt Decision Ensures Many TPS Holders in Ninth Circuit May Become Permanent Residents
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.…
Read MoreKnow Your Rights: If ICE Visits Your Home
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…
Read MoreTwo New Bills Give Hope to Dreamers, but DACA Still in Danger
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…
Read MoreTemporary Protected Status for Haitians Extended
Secretary John F. Kelly of the Department of Homeland Security has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last resided in Haiti) for six months from July 23, 2017 through January 22, 2018. The 60-day registration period runs from May 24, 2017 through July 24, 2017.…
Read MoreInk Signature No Longer Required on Affidavits of Support as of January 1, 2017
U.S. law requires potential immigrants in family-based visa categories to show that they have financial support in the United States. This is done with an Affidavit of Support submitted by the petitioner. The Affidavit of Support, which is also called Form I-864, is a legal contract between the petitioner and the U.S. government. On an…
Read MoreDepartment of State Fact Sheet on How the Immigrant Quota System Works
The Department of State is responsible for administering the provisions of the Immigration and Nationality Act (INA) in regards to numerical limitations on immigrant visa issuances. This information sheet explains how it works. At the beginning of each month, the Visa Office (VO) receives a report from each consular post listing totals of qualified immigrant…
Read MoreRules To Extend 601A Waiver
The United States Citizenship and Immigration Services (USCIS) has published a new final rule that expands the class of individuals who are eligible to apply for a ‘provisional’ waiver of certain grounds of inadmissibility (Form I-601A) based on their accrual of unlawful presence in the United States. The provisional unlawful presence waiver allows certain individuals,…
Read MoreDepartment of Justice Seeks Rehearing in U.S. vs Texas
The U.S. Justice Department asked the U.S. Supreme Court to rehear a challenge to the Obama administration’s plan to delay the deportation of nearly five million undocumented immigrants. The justices on June 23 deadlocked 4-4 in United States v. Texas, leaving in place a lower court’s nationwide injunction that froze the deportation plan. In the…
Read More