CBP Releases Statement Regarding Canada’s Legalization of Marijuana and Crossing the Border
The United States Customs and Border Protection (CBP) on September 21, 2018 regarding Canada’s legalization of marijuana and crossing the border.
According the statement, Canada’s legalization of marijuana does not affect CBP’s enforcement of the laws of the United States regarding controlled substances. The sale, possessio...
USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30
foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30.
What is the Under current USCIS regulations, a...
Highlights from Teleconference on USCIS Policy Update on RFEs and NOIDs
On September 6, 2018, the Office of the CIS Ombudsman hosted a teleconference on the United States Citizenship and Immigration Services (USCIS) policy updates of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) that was issued on .
Our office with information about this new guidance. Below, please find further i...
Updated Guidance on Notices to Appear
On September 27, 2018, the United States Citizenship and Immigration Services (USCIS) hosted a teleconference to discuss the .
What is a Notice to Appear? Form I-862, Notice to Appear (NTA), is a document issued to foreign nationals who are deemed “removable” from the United States. Recipients of NTAs must app...
Practice Pointer: Obtaining the Appropriate Number of Endorsed Forms I-129S
Last month, the American Immigration Lawyers Association (AILA) published an detailing recent reports that some consular offices (COs) have been endorsing fewer than three (3) Forms I-129S in spite of 9 FAM 402.12-8(F)(b) guidelines/instructions which state that at least three (3) must be properly endorsed.
Why is this an...
The Statistical Effects of Recent Immigration Policy Changes
In a Brief released this month, the Foundation tracked the statistical effects of recent immigration policy changes made under the Trump Administration. Below, we’ve included data from U.S. Citizenship and Immigration Services as well as calculations made by the National Foundation for American Policy for their July 2018 Report....
USCIS Issues Request For Evidence Challenging a Permanent Labor Certification
Our offices received a copy of a recent Request for Evidence (RFE) for a I-140 Immigrant Petition for Alien Workers that appears to signal a change in adjudication practices for the United States Citizenship and Immigration Services (USCIS).
When a foreign national’s employer seeks to file an employment-based I-140 Immigrant Pe...
USCIS Adjusting Premium Processing Fee
On August 31, 2018, the United States and Immigration Services (USCIS) announced that they are adjusting the premium processing fee for Form I-129 and I-140. Beginning on October 1, 2018, the premium processing fee will increase from the current fee of $1,225 to $1,410, a 14.92 percent increase.
Form I-129 and I-140, the form ty...
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...
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...