EAH Immigration Blog

On October 3, U.S. District Judge Edward Chen issued a preliminary injunction against the government from terminating Temporary Protected Status (TPS) for immigrants from El Salvador, Haiti, Nicaragua, and Sudan. The judge ruled that the government must maintain TPS, and employment authorizations for TPS beneficiaries from those countries, while a...

On October 10, 2018, USCIS published a proposed rule that would expand the definition of “Inadmissibility on Public Charge Grounds,” which is intended to determine whether a foreign national is inadmissible because he or she is likely at any time to become a public charge. Having received cash benefits from...

USCIS has announced a revision to the policy guidance for the validity period of Form I-693 Report of Medical Examination and Vaccination Record, effective November 1, 2018. The revised policy will require applicants to submit a Form I-693 with a civil surgeon signature and date that is no more than...

The following additional items may be of interest to our readers: Latest News on Using Premium Processing: The fee to premium process those cases that are eligible increased to $1,410 effective October 1, DHS has announced. USICS also announced that it was suspending premium processing for all H-1B cases until...

Effective October 1, USCIS began implementing its policy of referring cases to the immigration court through the issuance of a Notice to Appear (NTA) on denied status-impacting applications, thus increasing its enforcement actions to a whole host of cases that normally are not automatically referred for proceedings. Service of the...

The EB-1-1 (employment-based first preference) became oversubscribed during the summer. While this is normal because the summer is the end of the U.S. fiscal year, visas in this category historically always have become available again October 1, the beginning of the new fiscal year, and green cards would be issued....

We are seeing long delays in the adjudication of Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, processed by the National Benefits Center (NBC). Processing times for the NBC as of September 2018 indicate that I-765 applications based on pending I-485 adjustment of status applications...

USCIS has reminded F-1 students whose cap-subject H-1B petition remains pending that they risk accruing unlawful presence if they continue to work on or after October 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through September 30. While USCIS regulations allow an F-1...

A lawsuit filed in the Northern District of Texas is alleging that DHS violated the Administrative Procedure Act (APA) by publishing a rule affecting the F-1 Optional Practical Training (OPT) program for STEM students. The original rule DHS published extending OPT employment for STEM students was properly implemented through the...

As criticism of the agency increases, dissent is forming with Immigration and Customs Enforcement (ICE). In a letter addressed to the Secretary of Homeland Security, Homeland Security Investigations (HSI) proposed a deconstruction of ICE into its two main but independent components, HSI and Enforcement and Removal Operations (ERO). The latter...

In recent communication, it appears that the Department of State will only accept the accreditation of spouses of newly arrived officers and employees of international organizations and embassy staff, both same-sex and opposite-sex, as members of the immediate family of the principal A or G visa holder, as of October...

The Department of State has been scrutinizing individuals applying for green cards under the public-charge bar. Some of these non–U.S. citizens must show that they are not likely to become dependent on the government for cash assistance or long-term care. In making a public-charge determination, the government must look at...

Historically, at the end of the fiscal year, visa preference categories further retrogress or become backlogged for the first time, only to become current again on October 1. This has been the pattern for the employment-based first preference (extraordinary ability, outstanding professors/ researchers, and multinational executives and managers) for years....

While U.S. citizens by birth can never be stripped of their citizenship, naturalized citizens do not enjoy that same security if their citizenship was obtained by fraud or misrepresentation. Sometimes this revocation is warranted. This past January, ICE filed a civil denaturalization complaint against a former Bosnian paramilitary member who...

USCIS’s new policy regarding “unlawful presence” for foreign students (academic and vocational) and exchange visitors and their dependents is now in effect. This means that foreign students (F-1, J-1, M-1) will begin accruing unlawful presence on the day after the student violates the terms of his or status, such as...

Around the same time that USCIS issued its new policy regarding RFEs and NOIDs, USCIS updated its guidance for referring cases to the immigration court through the issuance of a Notice to Appear (NTA), and thus increasing its enforcement actions to a whole host of cases that normally are not...

At the same time that immigration judges are having their discretion restricted, USCIS adjudicators are having their discretion expanded. The governing regulations explicitly provide an adjudicator the discretion to deny a case outright if the record does not establish eligibility for the immigration benefit, or issue a Request for Evidence...

Of the more than 2,500 children who were separated from their parents due to the Trump Administration’s “zero tolerance” policy on border crossers, close to 550 children have yet to be reunified and an estimated 463 of their parents are no longer in the United States. In the wake of...

Judge Orders DACA Reinstatement: The lawsuit against terminating DACA continues in federal court, where a district court judge ruled that the program must be fully restored. The government has until August 23 to respond or appeal the order. TPS Extensions for Yemen and Somalia: On July 19, 2018, DHS Secretary...

Just before this year’s H-1B lottery, USCIS published a memorandum that requires petitioners who place their H-1B employees at third-party worksites to provide significantly more evidence to establish the employer-employee relationship. Such evidence could include documentation of specific work assignments, copies of contractual agreements, itineraries, and detailed work statements covering...