EAH Immigration Blog

New Homeland Security Secretary

On December 5, the Senate confirmed Kirstjen M. Nielsen as the new Department of Homeland Security (DHS) Secretary with a 62-37 vote. She was sworn in the following day. While Secretary Nielsen is the first former DHS employee to hold the position, many senators who voted against confirmation noted that...
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The Top 10 List: The Top Ten Threats to Immigrants, Their Employers, and Their Families in 2018

Below is our top 10 list of changes that the current administration has put into place, without legislation or regulations, that drastically change the immigration landscape for employers, immigrants, and their families: 10. USCIS increases site visits to employers who hire H-1B and L-1 nonimmigrant workers. 9. Consular officers re-adjudicate...
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Legal logjam in immigration court grows to more than 540,000 cases

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Iranian couple, Syrian mother and baby stopped at DIA as protesters rallied in main terminal against new policy

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New Partner Announcement – Camila S. Palmer

C O N T A C T : Barbara Ingram, Firm Administrator Elkind Alterman Harston, PC Telephone: 303.736.6650 Fax: 303.736.6655 www.EAHimmigration.com For Immediate Release New Partner Announcement – Camila S. Palmer Denver, Colorado, January 2, 2018 –  Elkind Alterman Harston PC, a leading full-service immigration law firm, is pleased to...
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Secretary of Homeland Security Kirstjen M. Nielsen Announcement on Temporary Protected Status for El Salvador

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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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Law Week Colorado, 2017 Barrister’s Best – “Best Immigration Lawyer”

C O N T A C T : Barbara Ingram, Firm Administrator Elkind Alterman Harston, PC Telephone: 303.736.6650 Fax: 303.736.6655 www.EAHimmigration.com FOR IMMEDIATE RELEASE Law Week Colorado, 2017 Barrister’s Best – “Best Immigration Lawyer” Denver, Colorado, October 16, 2017 –  Managing Partner David A. Harston has been selected as the...
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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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To our DACA clients...

To our DACA clients, families and friends: We stand with you!  We are all heartbroken about this Administration’s shortsighted decision to terminate the DACA program.  The Department of Homeland Security has issued a memorandum with details about how the program will end. You can find the details here:   https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca Additionally,...
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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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