303.736.6650

Call Us

EAH Immigration Blog

EAH Immigration Alerts

EAH

Regressive Changes to Employment Authorization for Foreign Nationals Seeking Asylum

In an upsetting move, USCIS issued a new rule drastically limiting foreign national’s eligibility for employment authorization based on a pending asylum application. The rule is scheduled to go into effect on August 25, 2020. Absent good cause, foreign nationals who entered the United States without authorization are ineligible for work...
Continue reading
  631 Hits
Tweet
631 Hits
EAH

Another Blow to Asylum Seekers: Supreme Court Holds Restrictions on Removal Orders Do Not Violate Constitution

In another June decision, the Supreme Court held that restrictions on the ability of asylum seekers to obtain review of expedited-removal orders under a federal habeas statute do not violate the Constitution’s Suspension Clause or Due Process Clause. The Supreme Court ruled that asylum seekers with expedited orders of removal seeking...
Continue reading
  687 Hits
Tweet
687 Hits
EAH

Supreme Court Blocks Trump’s Attempt to Terminate DACA

In a narrow 5-4 ruling, the Supreme Court blocked, perhaps only temporarily, President Trump’s attempt to terminate Deferred Action for Childhood Arrivals (DACA). The majority held that the Administration failed to provide adequate reasoning to justify ending the DACA program, in violation of the Administrative Procedure Act. The Court reasoned that...
Continue reading
  458 Hits
Tweet
458 Hits
EAH

COVID 19 – UPDATE: Department of Homeland Security: USCIS, ICE, and CBP

USCIS USCIS Offices Reopened for Most Nonemergency Services As of June 4, 2020, many domestic USCIS field offices and asylum offices re-opened for normal face-to-face services to the public on an appointment basis. Application support centers (ASCs) remain closed but are expected to open beginning in mid-July. This means all in-person...
Continue reading
  636 Hits
Tweet
636 Hits
EAH

Other Travel Restrictions

With specific exceptions, foreign nationals who have been in any of the following countries during the past 14 days may not enter the United States: China; Iran; European Schengen area; United Kingdom; Republic of Ireland; and Brazil. Exceptions are available for essential workers. Moreover, the United States, Canada, and Mexico are...
Continue reading
  471 Hits
Tweet
471 Hits
EAH

Presidential Proclamation Extends Travel Ban

Effective June 24, 2020, President Trump issued a proclamation that extends his previous order that banned certain immigrant visas from being issued by the Department of State and suspends the entry of foreign nationals who are outside of the United States who need to apply for an H-1B, H-2B, J-1 and...
Continue reading
  542 Hits
Tweet
542 Hits
EAH

New More-Stringent Requirements in “Cancellation of Removal” Cases Involving Medical Hardship; Could Set Precedent for Other Hardship Cases

On March 31, the Board of Immigration Appeals (BIA), the appellate level administrative court for immigration matters, held in a cancellation of removal case (a remedy available to LPRs who are in deportation proceedings) that, to the extent that a claim is based on the health of a qualifying relative, an...
Continue reading
  879 Hits
Tweet
879 Hits
EAH

News in Brief

H-1B Cap Reached During Registration Period: USCIS has received enough H-1B cap-subject visa petitions to exceed the statutory limit of 65,000 visas (plus 20,000 Master’s cap visas) and ran its random selection lottery. In fact, over 275,000 registrations were received this year. Employer-petitioners selected have 90 days to submit their petitions....
Continue reading
  800 Hits
Tweet
800 Hits
EAH

Bar Associations Condemn Racism and Xenophobia Related to COVID-19

More than 1,000 hateful acts of discrimination, including serious violent acts, directed toward Asians and Asian Americans have been reported in the last two weeks of March, with new incidents coming in daily. These hateful acts have been committed against Asians and Asian Americans of all ages, with victims as young...
Continue reading
  831 Hits
Tweet
831 Hits
EAH

Department of Justice and the Immigration Courts

Like USCIS and ICE, most immigration courts and the Board of Immigration Appeals (BIA) continue to operate and are processing cases; however, some courts have temporary closures due to COVID-19. Receipt stamps continue to be issued for defensive applications, motions, pleadings, and evidentiary filings. Likewise, the courts continue to issue new...
Continue reading
  1272 Hits
Tweet
1272 Hits
EAH

Department of Labor

While the Department of Labor (DOL) has a limited role in immigration-related cases, it plays a significant role in H-1B (and H-1B1 and E-3) petitions and PERM labor certification-based immigrant visa applications: Guidance for H-1B, H-1B1, and E-3 Employers H-1B, H-1B1, and E-3 employees’ terms and conditions of employment are governed...
Continue reading
  1162 Hits
Tweet
1162 Hits
EAH

Department of State and U.S. Embassies Abroad

All U.S. embassies and consulates have suspended all routine nonimmigrant and immigrant visa services, and no announcement has been made about when DOS plans to reopen them. It is likely that posts will reopen on a rolling basis depending on the circumstances on the ground. In fact, little guidance has been...
Continue reading
  931 Hits
Tweet
931 Hits
EAH

Department of Homeland Security: USCIS, ICE, and CBP

USCIS: Many immigration benefits and requests are submitted to USCIS service centers by mail and those offices continue to operate and are processing cases. Receipt notices are being issued, as are work permits, travel permits, green cards, I-797 Approval Notices, and other official notices. And, while requests for evidence (RFEs) and...
Continue reading
  690 Hits
Tweet
690 Hits
EAH

News in Brief

The following additional items may be of interest to our readers: “Birth Tourism” New Rule in Effect: In late January, DOS issued a final rule establishing a rebuttable presumption that a B visa applicant who a consular officer believes will give birth during her stay in the U.S. is traveling for...
Continue reading
  627 Hits
Tweet
627 Hits
EAH

USCIS Begins Accepting Green Card Applications under Liberian Refugee Immigration Fairness

USCIS will begin accepting applications to adjust to LPR status from certain Liberian nationals under Section 7611 of the National Defense Authorization Act for FY 2020, Liberian Refugee Immigration Fairness (LRIF), signed into law on December 20, 2019. To be eligible for permanent residence under LRIF, a Liberian national must have...
Continue reading
  674 Hits
Tweet
674 Hits
EAH

Interview Waivers for Certain NIV Applicants

Do you know that many U.S. consulates provide an option for the NIV interview to be waived if certain criteria are met? This option is important to consider when, increasingly, NIV applicants are subject to long wait times either for scheduling an NIV interview or waiting for visa issuance post interview....
Continue reading
  1254 Hits
Tweet
1254 Hits
EAH

Consular Computer Problems and Delays at National Visa Center

It’s not just you! Foreign nationals who consular process their immigrant visas applications at U.S. consulates abroad and thus avail themselves of the State Department’s system for submitting documentation have been experiencing a myriad of technical problems and interview scheduling delays. First, applicants are experiencing problems in paying their visa fee...
Continue reading
  1724 Hits
Tweet
1724 Hits
EAH

Expanded Travel Ban 3.0: Who is Covered?

On February 21, President Trump’s newest Presidential Proclamation went into effect expanding the Travel Ban 3.0 to include certain foreign nationals of the following six countries: Eritrea: All immigrants, except Special Immigrants who have provided assistance to the U.S. government.Kyrgyzstan: All immigrants, except Special Immigrants who have provided assistance to the...
Continue reading
  714 Hits
Tweet
714 Hits
EAH

Permanent Injunction Issued to Enjoin Enforcement of F, M, J Nonimmigrant “Unlawful Presence” Policy Memo

In early February, a nationwide permanent injunction was granted by a federal district court, enjoining USCIS from enforcing its August 9, 2018, Policy Memorandum entitled “Accrual of Unlawful Presence and F, J and M Nonimmigrants.” The decision is important for many reasons: First, the decision saves thousands of F, J, and...
Continue reading
  1192 Hits
Tweet
1192 Hits
EAH

Update on Corona Virus Outbreak and U.S. Travel Ban Expansion to Schengen Area Countries

On March 11th, 2020, President Trump issued a new Presidential Proclamation expanding the scope of two previously issued travel bans suspending entry of immigrants and nonimmigrants into the United States, with exceptions detailed below, in response to the coronavirus disease 2019 or“COVID-19”. The Proclamation, entitled, Suspension of Entry as Immigrants and...
Continue reading
  1265 Hits
Tweet
1265 Hits
       
1 2 3 4 5 6 7 8 9 10

Bloggers

EAH
299 posts

Blog Archive

Contact Us

Elkind Alterman Harston PC
Hudson's Bay Centre
1600 Stout Street, Suite 700
Denver, CO 80202
303-736-6650
Fax: 303-736-6655
             Office Hours
Monday to Thursday:
8:30 a.m. to 5:00 p.m.
Friday: 8:30 a.m. to 4:00 p.m.
Closed Saturday & Sunday

Best Lawyers Award Badge Rated by Super Lawyers 

BLF-2018_Silver_Standard 5280_TopLawyers-2019 5280_TopLawyers-2018 5280_TopLawyers-2017 5280_TopLawyers-2016 5280_TopLawyers-2015


Terms of Use | Sitemap
© Copyright EAH Immigration 2021, All Rights Reserved