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News in Brief

The following additional items may be of interest to our readers: DACA Update: In November, a myriad of advocates took to the phones, Facebook, and Twitter to contact members of Congress in support of DACA. Scheduled to expire in March, the legislative branch has not yet come up with a...
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USCIS No Longer Affording Deference to I-129-based NIV Extensions

For over 10 years, USCIS has taken the approach that, when adjudicating extension petitions involving the same employer, the same beneficiary, and the same underlying facts, its adjudicators would defer to prior approval determinations. USCIS has now reversed this policy, interpreting it as placing an extra burden on the agency...
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Updates on TPS and Deferred Enforced Departure

The following is an update and roundup of the current status of TPS for some 10 countries. As of August 2017, an estimated 325,000 TPS beneficiaries live in the United States. More than 90 percent of individuals with TPS are nationals of El Salvador (195,000), Honduras (57,000), or Haiti (50,000)....
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Supreme Court Allows the Travel Ban to Take Effect While Litigation Continues

On December 4, 2017, the U.S. Supreme Court issued two orders staying the preliminary injunctions issued against President Trump’s September 24, 2017, Presidential Proclamation, or “Travel Ban,” pending disposition of appeals still pending in the courts. The ban restricts nationals of Chad, North Korea, Iran, Libya, Venezuela, Syria, Yemen, and...
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New Scrutiny of I-9 Misrepresentations

All new employees are required to complete a Form I-9 when they are hired. While many new employees do so with little thought, the consequences for foreign nationals of improperly completing the form can be disastrous, leading to serious immigration consequences. Some USCIS districts have been scouring I-9 forms to...
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Where You Live Greatly Affects Ability to Find an Attorney for Immigration Court Representation

The Transactional Records Access Clearinghouse (TRAC) released new data showing that the odds of obtaining representation in immigration deportation proceedings varies widely, depending upon the community in which an immigrant lives. According to the report, if you happen to live in Honolulu, then the odds are good that if an...
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USCIS Delays Effective Date of International Entrepreneur Rule

On July 11, 2017, USCIS released a final rule delaying the effective date of the International Entrepreneur Rule from July 17, 2017, to March 14, 2018. The final rule would have allowed international entrepreneurs to use the parole program to stay temporarily in the United States to grow their start-up...
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Supreme Court to Hear Travel Ban Case in October

Despite strong opinions from the Fourth and Ninth Courts of Appeal, the U.S. Supreme Court lifted the injunction on President Trump’s travel ban and allowed a version of it to go into effect. The Supreme Court will hear the arguments for the case in October, shortly after the ban is...
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Immigration Reform Efforts

Several reform proposals have been introduced in recent weeks, but the RAISE Act, introduced in the Senate with strong support from Trump, has garnered much public attention. Reforming American Immigration for a Strong Economy (RAISE) Act ( S.354 ) seeks to cut legal immigration numbers in half. The bill would:...
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News in Brief

The following additional items may be of interest to our readers: Indian Nationals Eligible to Join Global Entry and Can Avoid Long Immigration Inspection Lines: Citizens of India now join a select group of countries — including the United Kingdom, Switzerland, Germany, Colombia, Mexico, Panama, and South Korea — whose...
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USCIS Reinstates Premium Processing for Certain H-1B Categories

USCIS has begun to accept premium processing I-907 requests for three cap-exempt H-1B classifications. A petitioner can file an I-907 if it is (1) an institution of higher education, (2) a nonprofit related to or affiliated with an institution of higher education, or (3) a nonprofit research or governmental research...
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DHS and DOL Increases the Cap for H-2B Visas by 15,000

On July 17, DHS and the DOL issued a temporary rule increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of fiscal year (FY) 2017. To file for one of these additional H-2B visas, a petitioner must meet...
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The Fate of Our Dreamers: Will DACA Remain?

Deferred Action for Childhood Arrivals, or DACA, was set in place by President Obama five years ago in response to the realities of enforcing immigration laws. It was another way to allow ICE to prioritize enforcement: the agency has limited funds and it is best dedicated to the removal of...
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Experiencing Immigration in the Trump Era

The election dust has settled and the candidate who based his campaign on tough immigration enforcement is in the White House. While change takes time, just seven months into President Trump’s term, the nation is starting to fully understand the reality of working with the Trump administration. Indeed, for the...
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N.J. Chief Justice Urges ICE to Add Courthouses to List of “Sensitive Locations”

In a recent letter, New Jersey Chief Justice Stuart Rabner requested that DHS Secretary Kelly urge ICE not to arrest individuals who show up for court appearances in state court. The chief justice said that courthouses should be added to the list of “sensitive locations” outlined in a 2011 ICE...
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Money and USCIS: Refund Requests and Bounced Checks

Refund Requests Generally, USCIS does not issue refunds for filing fees, regardless of the decision on the application. There are very limited exceptions: for example, when USCIS collects the incorrect fee. If an applicant or petitioner believes he or she is entitled to a refund of a fee, the first...
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ICE Recalendaring Cases that Were Previously Administratively Closed, Even Non–Criminal Related

Under the Obama Administration, certain undocumented immigrants were permitted to have their immigration cases administratively closed in the exercise of prosecutorial discretion (PD), which in essence was a form of relief from deportation. Often this was granted when an undocumented parent of U.S. citizen children was placed in removal proceedings....
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Enforcement-Only Bills Moving Through the House of Representatives

Two bills are winding their way through the House’s Judiciary Committee that focus on immigration enforcement tactics and ignore any major policy changes: U.S. Immigration and Customs Enforcement Authorization Act (H.R. 2406) and the U.S. Citizenship and Immigration Services Act (H.R. 2407). Included in the former bill is a provision...
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Supreme Court Holds Gender-Based Distinction for Acquisition of Citizenship Is Unconstitutional

The Supreme Court found unconstitutional the gender-based distinction in the immigration act, requiring a shorter period of parental physical presence in the U.S. for acquisition of citizenship through an unwed citizen mother versus an unwed citizen father. Rather than extending the shorter period of required physical presence to children of...
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Immigration Courts and Backlog

Immigration courts have an enormous backlog that has not only persisted, but grown exponentially over the years. In 2006, the average case processing time was about 198 days. A decade later the same case will take 650 days to process. Government officials attribute the backlog to a number of factors:...
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