EAH Immigration Blog

Lawsuit Challenges Legality of USCIS Unlawful Presence Policy for Fs, Js, and Ms; Members of Congress Weigh In, Too

Guilford College filed a lawsuit challenging the legality of an 8/9/18 USCIS policy memorandum, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants ,” as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution....
Continue reading
  39 Hits
39 Hits

More on Employment-based Immigrant Visa Numbers

With only modest movement in the employment-based preference categories for the first quarter of the fiscal year (Oct.–Dec.), the Visa Office had hoped that more dramatic forward movement in some of these categories would start in January. Unfortunately, the Visa Office does not have sufficient data to evaluate visa demand,...
Continue reading
  90 Hits
90 Hits

Partner Camila Palmer to speak at the February 13th, 2019

Partner Camila Palmer to speak at the February 13th, 2019, local chapter AILA meeting, on Trial Tactics.
  79 Hits
79 Hits

Trump’s Limitations on Asylum Put on Hold

On November 9, 2018, President Trump issued a proclamation barring anyone who entered between ports of entry from seeking asylum. This proclamation was to be valid for 90 days or until the creation of a “safe third country” agreement with Mexico, whichever occurred first. Of course, such an agreement would...
Continue reading
  74 Hits
74 Hits

Marijuana Use is No Laughing Matter to CBP

The legal landscape regarding the use and cultivation of marijuana is changing in the United States, Canada, and many other countries. Many questions are arising as to the impact of marijuana-related activities on one’s admissibility to the United States. As a matter of U.S. federal law, marijuana is still a...
Continue reading
  241 Hits
241 Hits

Employers Beware: ICE Workforce Investigations Surge in FY2018

Are you compliant? The law requires employers to review documents from each worker they hire to verify that the worker is legally present in the United States and authorized to be employed. This is done on Form I-9, Employment Eligibility Verification. While the Obama Administration had made worksite enforcement a...
Continue reading
  198 Hits
198 Hits

Elkind Alterman Harston PC Attorneys Named 2019 5280 Top Lawyers!

Denver, Colorado, January 14, 2019 – Our esteemed attorneys, Senior Partner David Harston and Philip Alterman, have been selected as 5280 Denver Mile High Magazine’s 2019 Top Lawyers in Immigration Law Practice. Our year is off to a great start! http://www.5280.com/lawyers/david-harston http://www.5280.com/lawyers/philip-alterman About EAH Immigration Elkind Alterman Harston PC is...
Continue reading
  160 Hits
160 Hits

USCIS to Eliminate Self-Scheduling InfoPass Appointments by End of September

USCIS wants to eliminate the way in which customers can use InfoPass. Currently, in most jurisdictions, an individual who wants to discuss his or her case with an immigration representative can make an appointment online through the InfoPass system, assuming an appointment is available. But appointments have become harder and...
Continue reading
  334 Hits
334 Hits

USCIS Expedite Process for H-1B Filings

Given the suspension of premium processing for many H-1B filings, employers who have an urgent need that demands prompt adjudication of their H-1B petitions can request an expedite. USCIS, however, will only expedite a petition if it meets one or more of the following expedite criteria: Severe financial loss to...
Continue reading
  282 Hits
282 Hits

USCIS Proposes H-1B Pre-Filing Registration Process

In early December, the Department of Homeland Security (DHS) published a proposed rule to implement a pre-filing registration system for U.S. employers seeking to file cap-subject H-1B petitions. The new system would require that employers electronically pre-register their intent to petition for an H-1B beneficiary during a two-week registration period....
Continue reading
  155 Hits
155 Hits

CBP Reminds Travelers to Allow 72 Hours for ESTA Authorization

With the holidays rapidly approaching, international travelers using the Electronic System for Travel Authorization (ESTA) for travel to the United States are reminded to apply as soon as possible but not less than 72 hours before their international flight is scheduled to depart. Due to changes in the ESTA application...
Continue reading
  163 Hits
163 Hits

Holiday Travel: Review Your Documents Now

Now is a good time for foreign nationals who will be departing the United States for travel abroad over the holidays to review their travel documents to ensure that their reentry into the U.S. is as seamless as possible. Depending on an individual’s current status and whether he or she...
Continue reading
  224 Hits
224 Hits

USCIS Formally Proposes New Public Benefits Rule that Will Hinder Admissibility to U.S.

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...
Continue reading
  291 Hits
291 Hits

Buyer Beware: Report Says Many USCIS Civil Surgeons Have History of Wrongdoing

According to a news article in the New York Times , dozens of doctors – USCIS civil surgeons – tapped by the federal government to screen immigrants applying for green cards have a history of “egregious infractions.” The report conducted by a federal watchdog agency looked at more than 5,500...
Continue reading
  181 Hits
181 Hits

Judge Temporarily Blocks Termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan

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...
Continue reading
  198 Hits
198 Hits

USCIS Formally Proposes New Public Benefits Rule that Will Hinder Admissibility to U.S.

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...
Continue reading
  163 Hits
163 Hits

USCIS Announces New Policy Guidance for Validity Period of Medical Examination

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...
Continue reading
  270 Hits
270 Hits

News in Brief

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...
Continue reading
  213 Hits
213 Hits

USCIS Implements New Notice to Appear (NTA) Policy

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...
Continue reading
  265 Hits
265 Hits

Visa Availability for EB-1 Remains Uncertain; Pending Adjustment of Status Applicants Must Wait

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....
Continue reading
  296 Hits
296 Hits