In a policy memorandum dated June 28th, 2018, USCIS announced a dramatic change in practice on how it will proceed with denied employment based cases. USCIS announced that it will now issue a Notice to Appear (“NTA”) in employment-based immigration cases where there is evidence of fraud, criminal activity, or where an applicant is denied […]
In a 5-4 ruling on June 26th, 2018, the U.S. Supreme Court upheld President Trump’s travel ban. In an opinion written by Chief Justice Roberts, the court found that:
- Indefinitely banning people from particular countries was a lawful use of the president’s power under the Immigration and Nationality Act, which allows the executive branch […]
USCIS announced Tuesday, May 15, that it has completed data entry for all fiscal year 2019 H-1B cap-subject petitions. USCIS will now begin returning H-1B cap-subject petitions that were not selected to the Attorney of Record. USCIS did not state the timeline that Petitioners can expect to receive unselected petitions.
USCIS also announced that is […]
USCIS announced on May 11, 2018 that it intends to make a major policy change relating to how it calculates the accrual of unlawful presence for students and exchange visitors in F, J and M nonimmigrant status in the United States. USCIS is accepting comments on this planned policy change […]
Today, April 12, 2018, USCIS announced that on April 11th, it conducted the H-1B lottery for FY 2019. USCIS received 190,098 Petitions for the almost 85,000 slots. This is less than in FY 2018, when USCIS received 199,000 Petitions. USCIS received 94,213 Petitions for the standard cap and 95,885 Petitions for the advanced degree […]
Friday, April 6th, 2018, USCIS announced that it reached the FY 2019 H-1B cap during the mandatory first five business days that the program must remain open to accept filings. USCIS did not announce when it will run the lottery, and SPS Immigration will keep you appraised as USCIS continues to announce advances in […]
On Friday, March 30, 2018, the U.S. Department of State (“DOS”) published notice in the Federal Register of its desire to modify the Form DS-160, which is a form required of all non-immigrant visa applicants seeking entry into the U.S., and the DS-260, which is a form required of all immigrant visa applicants seeking […]
In direct contradiction to prior statements, Tuesday, March 20th, 2018, USCIS announced that it is suspending the premium processing service on all H-1B cap cases until September 10, 2018. USCIS confirmed that it will continue to honor its existing criteria to request an expedite on a case. USCIS also confirmed that non-cap cases may […]
The Washington Post announced Friday, March 16, 2018, that USCIS is in the process of establishing a new internal oversight division to oversee the way adjudicators handle their cases. The Washington Post obtained this information from staffers and internal documents.
USCIS’ Organization of Professional Responsibility will have three divisions, including an Investigations Division to “manage the […]
On February 28th, 2018, the Department of Homeland Security (“DHS”) submitted a status report to the U.S. Court of Appeals for the District of Columbia Circuit, stating that it is now postponing the release of proposed H-4 regulations. In response to the litigation in Save Jobs USA v. DHS, DHS initially stated that it would release proposed […]