USCIS Fees Set to Change on October 2, 2020

On August 3, 2020, the Department of Homeland Security (DHS) issued a final rule that makes sweeping changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule.  It also removes certain fee exceptions, alters premium processing time limits, and mandates the use of new forms, among other changes. The rule is scheduled to take …

State Department Expands National Interest Exceptions for Nonimmigrants Subject to Presidential Proclamation 10052

As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052  (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …

DHS Restricts DACA Scope and Benefits While Reconsidering Program Post Scotus Decision

The U.S. Department of Homeland Security (DHS) recently issued its much anticipated Deferred Action for Childhood Arrivals (DACA) policy memorandum titled, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” on July 28 (July DACA Memorandum), which once again resumes DHS’s …

“I LOST THE H-1B LOTTERY… NOW WHAT?” FOUR NONIMMIGRANT VISA ALTERNATIVES TO EMPLOY FOR FOREIGN PROFESSIONALS

Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …

USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services

On March 18, 2020, United States Citizenship and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19).  USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …

The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

The Trump administration has already announced its goal to end the Deferred Action for  Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S. Supreme Court on June 18 finding that the decision of the Department of Homeland Security (DHS) to end …

Nonimmigrant and Immigrant Visa Processing Halted by Presidential Proclamation – Effective June 24 for Certain Nonimmigrants

After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation was finally published on June 22  (June Visa Processing Proclamation or JVPP) after numerous discussions regarding its scope.  Please refer to my prior summary on the April 22, 2020 Proclamation 10014 as to the …

Special Considerations for Medical Professionals During the COVID-19 Pandemic

The COVID-19 National Emergency has now been effective in the United States for three months. During this time, guidance from federal agencies has been dynamic as the government adapts to the “new normal.” But even as the global health crisis halts nonessential travel and disrupts visa issuance to many foreign nationals, federal agencies have published …

Pause in Immigrant Visa Processing Imposed by Presidential Proclamation – Effective April 23 for Sixty Days at Consular Posts

After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation (Suspension Proclamation) was finally published on April 22.  The Proclamation references the disruption of the economy post COVID-19 as a basis for the Proclamation.  The Proclamation does not address the current dichotomy between family-based …

AM I AN ESSENTIAL TRAVELER BETWEEN CANADA AND THE U.S. OR MEXICO AND THE U.S.?

On March 24, 2020, the U.S. Department of Homeland Security (DHS) provided formal notices in the Federal Register of an earlier Trump Administration order, which limited travel between Canada and the U.S. as well as Mexico and the U.S. at land ports-of-entry, and ferries service effective March 20, 2020, 11:59 p.m. through April 20, 2020, …