EAH Immigration Blog

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. There...

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 processing,...

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 is...

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 the...

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 doctors across...

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 lawsuit...

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 the...

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 60...

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 February...

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 NTA...

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. Not...

We are seeing long delays in the adjudication of Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, processed by the National Benefits Center (NBC). Processing times for the NBC as of September 2018 indicate that I-765 applications based on pending I-485 adjustment of status applications range...

USCIS has reminded F-1 students whose cap-subject H-1B petition remains pending that they risk accruing unlawful presence if they continue to work on or after October 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through September 30. While USCIS regulations allow an F-1 student...

A lawsuit filed in the Northern District of Texas is alleging that DHS violated the Administrative Procedure Act (APA) by publishing a rule affecting the F-1 Optional Practical Training (OPT) program for STEM students. The original rule DHS published extending OPT employment for STEM students was properly implemented through the notice-and-comment...

As criticism of the agency increases, dissent is forming with Immigration and Customs Enforcement (ICE). In a letter addressed to the Secretary of Homeland Security, Homeland Security Investigations (HSI) proposed a deconstruction of ICE into its two main but independent components, HSI and Enforcement and Removal Operations (ERO). The latter is...

In recent communication, it appears that the Department of State will only accept the accreditation of spouses of newly arrived officers and employees of international organizations and embassy staff, both same-sex and opposite-sex, as members of the immediate family of the principal A or G visa holder, as of October 1,...

The Department of State has been scrutinizing individuals applying for green cards under the public-charge bar. Some of these non–U.S. citizens must show that they are not likely to become dependent on the government for cash assistance or long-term care. In making a public-charge determination, the government must look at a...

Historically, at the end of the fiscal year, visa preference categories further retrogress or become backlogged for the first time, only to become current again on October 1. This has been the pattern for the employment-based first preference (extraordinary ability, outstanding professors/ researchers, and multinational executives and managers) for years. This...

While U.S. citizens by birth can never be stripped of their citizenship, naturalized citizens do not enjoy that same security if their citizenship was obtained by fraud or misrepresentation. Sometimes this revocation is warranted. This past January, ICE filed a civil denaturalization complaint against a former Bosnian paramilitary member who engaged...

USCIS’s new policy regarding “unlawful presence” for foreign students (academic and vocational) and exchange visitors and their dependents is now in effect. This means that foreign students (F-1, J-1, M-1) will begin accruing unlawful presence on the day after the student violates the terms of his or status, such as fails...