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…
Articles Posted in Policy
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…
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…
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…
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…
USCIS Data Signals Dramatic Increase in H-1B Visa Denials, Report Finds
A new report by the National Foundation for American Policy (NFAP) released this month indicates that the number of H-1B denials and Requests for Evidence (RFEs) increased significantly during the fourth quarter of 2017 which began on July 1, 2017, following the implementation of Presidential Executive Order “Buy American, Hire…
Beginning September 11, 2018, USCIS has the authority to deny petitions without first issuing RFE or NOID
The United States Citizenship and Immigration Services (USCIS) has released a new policy memorandum that will have wide ranging implications for immigrants. Beginning September 11, 2018, USCIS will use their discretion to deny an application, petition, or request filed with USCIS without first issuing a Request for Evidence (RFE) or…
This Week In Immigration News: DHS Statement on Family Reunification and Diplomatic Visa Sanctions for Burma and Laos
DHS Statement on Family Reunification The Department of Homeland Security recently issued a statement outlining the administration’s four-point plan to reunite minor children separated from their parents at the border. Beginning July 10, 2018, HHS and DHS will coordinate the reunification of children under 5 years of age currently in…
USCIS Announces Revised NTA Policy to Align with EO 13768
In this post, we bring our readers important information regarding revisions to the Notice to Appear “NTA” policy guidelines. On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) released new policy guidance outlining the Department’s priorities for enforcement and removal of undocumented immigrants from the United States. Form…
Supreme Court Upholds Travel Ban 3.0, Justice Kennedy Announces Retirement
Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. Hawaii Et Al. The 5-4 decision reflected a deeply divided court, but ultimately the conservative justices on the court…