Administrative Action

/Administrative Action

USCIS will start issuing Notices to Appear upon denial of employment-based petitions

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 […]

By | 2018-07-11T12:11:08+00:00 July 11th, 2018|Categories: Administrative Action, Compliance, Immigration Reform, Uncategorized|Comments Off on USCIS will start issuing Notices to Appear upon denial of employment-based petitions

USCIS suspends Premium Processing for FY2019 H-1B Cap

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 […]

By | 2018-03-23T11:33:10+00:00 March 20th, 2018|Categories: Administrative Action, H-1B|Comments Off on USCIS suspends Premium Processing for FY2019 H-1B Cap

USCIS to create an Oversight Division

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 […]

By | 2018-03-17T03:04:26+00:00 March 17th, 2018|Categories: Administrative Action, Compliance|Comments Off on USCIS to create an Oversight Division

Government Shutdown Impact on Immigration

By midnight, January 20th, 2018, the U.S. Congress failed to pass a budget which effectively shut down the federal government. While certain “essential” government positions remain unaffected, such as the U.S. military, the impact on the U.S. immigration system for employers and employees is significant. What follows is a brief breakdown of the impact on […]

By | 2018-01-20T17:41:28+00:00 January 20th, 2018|Categories: Administrative Action|Comments Off on Government Shutdown Impact on Immigration

Trump Administration “backs away” from removing post six-year H-1B Extensions

The media reported late January 8th that the Trump Administration, admidst strong pressure from the business and technology sectors, decided to back away from its proposal to remove the ability of Foreign Nationals to extend H-1B status past the six year limit. The U.S. Citizenship and Immigration Services (“USCIS”) confirmed that it is still conducting […]

By | 2018-01-09T11:32:27+00:00 January 9th, 2018|Categories: Administrative Action, H-1B, Immigration Reform|Comments Off on Trump Administration “backs away” from removing post six-year H-1B Extensions

USCIS Issues New Guidance Restricting Use of the TN Economist Category

On Monday, December 18th, USCIS issued new guidance relating to the TN category for Economists which greatly reduce its applicability to qualifying Economist roles.

Foreign nationals working in financial analyst, market research analyst, or marketing specialist […]

By | 2017-12-20T20:11:23+00:00 December 20th, 2017|Categories: Administrative Action, Immigration Reform, Travel|Comments Off on USCIS Issues New Guidance Restricting Use of the TN Economist Category

U.S. State Department Integrates “Buy American and Hire American” into FAM

The U.S. Department of State (“DOS”) has made several revisions to the Foreign Affairs Manual (“FAM”) directly reflecting the “Buy American and Hire American” Executive Order (“EO”) 13788 that was signed by President Trump in April 2017. The FAM is the authoritative source containing policies and procedures to guide DOS consular officers to effectively carry out […]

By | 2017-08-24T19:15:05+00:00 August 24th, 2017|Categories: Administrative Action, Executive Order, F-1, H-1B, L-1, Travel|Comments Off on U.S. State Department Integrates “Buy American and Hire American” into FAM

Department of Homeland Security Delays Implementation of International Entrepreneur Rule

The Department of Homeland Security (DHS) announced today that it is delaying the effective date of a regulation finalized under the Obama administration that would provide new avenues for foreign national entrepreneurs to come to the United States to start and grow new businesses.  The rule was to become effective on July 17, 2017, […]

By | 2017-09-20T17:51:02+00:00 July 10th, 2017|Categories: Administrative Action|Comments Off on Department of Homeland Security Delays Implementation of International Entrepreneur Rule

9th Circuit Upholds injunction on President Trumps Travel Ban

Monday, June 12th, 2017, the 9th Circuit became the second court to uphold an injunction on President Trump’s Travel Ban. This ruling affirmed a March decision from Judge Watson of the Federal District Court in Hawaii. Previously, the Fourth Circuit also upheld an injunction, a decision which prompted the administration to seek review by the U.S. Supreme Court. […]

By | 2017-06-12T17:48:36+00:00 June 12th, 2017|Categories: Administrative Action, Court Decision, Travel|Comments Off on 9th Circuit Upholds injunction on President Trumps Travel Ban

Travel Ban 2.0 temporarily suspended

The United States District Court for the District of Hawaii issued a Temporary Restraining Order (“TRO”) on President Trump’s Executive Order  (“EO”) entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  This TRO prevents the government from enforcing sections 2 and 6 of the EO, and is national in scope. Section […]

By | 2017-09-20T17:51:02+00:00 March 15th, 2017|Categories: Administrative Action, Executive Order, Travel|Comments Off on Travel Ban 2.0 temporarily suspended