EAH Immigration Blog

The suspension of most legal immigration processing outside of the U.S., combined with staffing shortages and logistical challenges related to the pandemic at U.S. consulates around the world, has left hundreds of thousands of otherwise eligible visa applicants in limbo, and experts warn that the backlog could take years to resolve....

The Supreme Court will decide if a grant of Temporary Protected Status (TPS) satisfies the requirements of “inspection and admission” for purposes of adjustment of status. A favorable Court decision could allow TPS recipients to adjust status even if they entered without inspection and had never been paroled. This case should...

On February 18, 2021, Immigration Customs and Enforcement (ICE) acting director Tae Johnson issued a memorandum offering interim guidance on the agency’s new enforcement priorities. According to the memo, ICE will prioritize the following groups of people for detention and deportation during the interim period: People considered to pose a national...

Since coming into office, the Biden Administration has taken significant steps in tackling America’s broken immigration system, including overturning many of President Trump’s executive orders and proclamations on immigration. President Biden has stayed true to his promise to reform the immigration system, and the executive orders that he has issued within...

Beginning on March 9, employer-petitioners will be able to begin the H-1B cap-subject petition registration process for FY2022. Such employers must electronically register and pay the associated $10 H-1B registration fee per beneficiary before filing a petition for H-1B visa status for a beneficiary. If approved, the visa would become available...

H-1B FY2022 Season: Time to Start Process Well in advance of the March 20, 2021 Registration Deadline: Employers who seek to register their employees for the FY2022 H-1B lottery are encouraged to gather necessary documents now to avoid any delays in registering and processing your paperwork. EADs automatically extended to 10/4/2021...

A DOS temporary final rule creating a six-month pilot program under which certain applicants may be required to post a bond as a condition of visa issuance. The Visa Bond Pilot Program went into effect on December 9. Under the program, consular officers will require visa bonds be posted by visa...

USCIS has made some changes regarding the eligibility requirements for U.S. citizenship. Among other requirements, applicants for U.S. citizenship must pass a government and civics test. In November 2020, USCIS updated policy guidance on the naturalization civics test, increasing the general bank of questions to 128, the number of exam questions...

In yet another blow to the rights of foreign nationals, the Board of Immigration Appeals (BIA) recently denied a motion to reopen a case where the attorney representing the foreign national admitted to committing legal error and acknowledged that he was ineffective in removal proceedings. The BIA held “acceptance of responsibility...

On December 11, a federal district court ordered that the State Department stop enforcing Section 1 of Presidential Proclamation 10014, which prohibits the issuance of immigrant visas to selected immigrants. President Trump indicated that the Proclamation was intended to protect the U.S. labor market during the COVID-19 pandemic; however, it appears...

A class action filed by the National Association of Manufacturers (NAM) may provide relief for H, L, and J applicants who would not otherwise be able to apply for a visa at a consulate abroad. The suit was filed in response to Presidential Proclamation 10052 (6/22/20, amended 6/29/20), which suspended entry...

While two proposed rules have been overturned, there remains one proposed rule moving through the rulemaking process that would have the effect of usurping the authority of Congress and converting H-1B program into an “advanced level only” visa. On November 2, DHS proposed to amend its regulations governing the process by...

In November, USCIS and the Labor Department tried to change prevailing wage rules applied to the PERM and H-1B, H-1B1, and E-3 visa programs. But on December 1, 2020, the U.S. District Court for the Northern District of California set aside the agencies’ interim final rule because it did not follow...

On December 11, DOJ and DHS announced a new final rule governing the procedures of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) — set to go in effect on January 11, 2021, nine days before President-elect Biden’s inauguration. The immigration bar quickly announced its opposition to...

USCIS recently acknowledged that its lockbox facilities are experiencing significant delays for processing receipt notices. This is a result of increased filings in recent weeks coupled with facility capacity restrictions necessary to protect the health and safety of the lockbox workforce during the COVID-19 pandemic. The uptick in filings is likely...

The U.S. District Court for the Northern District of California, on December 17, granted summary judgment in favor of two nationwide classes suing the DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court found that the agencies’ practice of failing to produce the...

On December 4, U.S. District Court Judge Nicholas Garaufis of the Eastern District of New York ordered the DHS to begin accepting new applications for Deferred Action for Childhood Arrivals (DACA). The court had previously held that Chad Wolf was not lawfully serving as DHS Acting Secretary when he issued a...

For Immediate Release Denver, Colorado, January 4, 2021 – Elkind Alterman Harston PC, a leading full-service immigration law firm, is pleased to announce Koby L. Polaski has become its newest partner.    Koby joined EAH as a Senior Attorney in 2016.  She graduated from the University of Denver, College of Law in...

In a recent article in the Washington Post, readers were asked for the one word that sums up 2020. “Exhausting” was one of the top three words. Exhausting (and relentless, too) is an apt description of the four-year long frontal attack on immigration law, policy, and procedu res imposed by the...

Status of Declaration of Self-Sufficiency (Form I-944) in Limbo as Courts Decide Its Fate and USCIS Considers Whether to Continue to Implement As of this writing on August 17, USCIS has not provided guidance on whether the Declaration of Self-Sufficiency, Form I-944, is required in adjustment of status cases outside of...