Department of Homeland Security Proposes Removing Obama-era International Entrepreneur Rule Jul12

Department of Homeland Security Proposes Removing Obama-era International Entrepreneur Rule

The Department of Homeland Security holds the discretionary power to permit entry into the United States in humanitarian or public benefit cases. In the final months of the Obama administration in 2016, the Department of Homeland Security amended its regulations regarding "parole", or temporary entry, to include high-quality entrepre...

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USCIS Issues New Guidance on Notices to Appear Jul12

USCIS Issues New Guidance on Notices to Appear

On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) provided This new guidance states that USCIS officers will now issues NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unla...

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Notices to Appear and Harsh Consequences Possible for H and L Holders Jul16

Notices to Appear and Harsh Consequences Possible for H and L Holders

According to a recent USCIS will greatly expand its mandate for issuing NTAs without first consulting Immigration and Customs Enforcement (ICE). USCIS officers will now issue NTAs and thereby place individuals in removal proceedings upon the denial of an application or petition for immigration benefits if the individual is deemed re...

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New Guidance for No Request for Evidence or Notice of Intent to Deny Jul16

New Guidance for No Request for Evidence or Notice of Intent to Deny

On July 13, 2018, the United States Citizenship and Immigration Services (USCIS) provided a According to this new guidance, effective September 11, 2018, USCIS adjudicators will have full discretion to deny applications, petitions, and requests without first receiving a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID),...

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August 2018 Visa Bulletin Issued Aug01

August 2018 Visa Bulletin Issued

The Department of State (DOS) has issued its August 2018 Visa Bulletin. Most notably, there continues to be no advancement for the priority dates for EB-1 for China and India and significant retrogression for EB-1 for all El Salvador, Guatemala, Honduras, Mexico, Philippines, Vietnam, and other areas. EB-1-Worldwide: ...

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USCIS Postpones Implementation of Guidance on Notices to Appear Aug03

USCIS Postpones Implementation of Guidance on Notices to Appear

Previously, that the United States and Immigration Services (USCIS) provided regarding issuances of Notices to Appear (NTA). Specifically, this new guidance stated that USCIS officers would issue NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where the applica...

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Prudential Revocation of Nonimmigrant Visas Aug12

Prudential Revocation of Nonimmigrant Visas

In accordance with The Immigration and Nationality Act of 1952 and its amendments, the Secretary of State has the authority to revoke a visa at any time. The State Department (DOS) has revoked visas based on receipt of derogatory information, such as an arrest (i.e., Driving Under the Influence (DUI)), without the need for co...

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USCIS Updating Information on STEM OPT Aug24

USCIS Updating Information on STEM OPT

The United States and Immigration Services (USCIS) is updating the in order to provide important clarifications. Specifically, students and employers will be required to report material changes to the Designated School Official (DSO) at the earliest opportunity using modified Form I-983. Employers will be required to report the STEM...

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USCIS Issues Revised Final Policy Memorandum for Unlawful Presence Aug24

USCIS Issues Revised Final Policy Memorandum for Unlawful Presence

On August 9, 2018, the United States and Immigration Services (USCIS) published a related to unlawful presence. Effective August 9, 2018, nonimmigrants with F (student) and M (vocational student) visas who fall out of status and file in a timely manner for reinstatement of that status will have their accrual of unlawful presence sus...

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USCIS Extends and Expands Suspension of H-1B Premium Processing Aug31

USCIS Extends and Expands Suspension of H-1B Premium Processing

In March 2018, the United States and Immigration Services (USCIS) announced a of premium processing for H-1B petitions that are subject to the H-1B CAP. On August 28, 2018, USCIS announced an to include certain additional H-1B petitions beginning on September 11, 2018. USCIS claims that the suspension and expansion will help the Se...

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