EAH Immigration Blog

The following additional items may be of interest to our readers: H-1B Cap Reached in First Week of Filing: 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). In fact, over 201,000 petitions were received this year, a...

The U.S. embassy in Israel announced that an E-2 treaty investor agreement has been signed between the United States and Israel and will become effective May 1, 2019. Accordingly, Israeli citizens will be able to apply for E-2 visas at the U.S. Embassy Branch Office in Tel Aviv. The embassy...

On April 16, the Attorney General (AG) issued a decision in an asylum case, ruling that asylum seekers who entered between ports of entry – even if they establish a credible fear of persecution – are no longer eligible for release on bond by an immigration judge. The decision sweeps...

It looks like DHS is close to publishing a regulation that will eliminate the eligibility for employment authorization of certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. Commonly known as the H-4 EAD rescission regulation, the rule was sent to the Office of...

How a derivative beneficiary (of an immigrant petition) should answer the question on a DS-160 nonimmigrant visa application, “Has an immigrant petition ever been filed on your behalf” is not clear and often perplexing. On its face, it appears that if the derivative beneficiary (spouse or child) was listed on...

Recent data released by the Department of State reveal that it too is laying brick after brick of an invisible wall that is curbing legal immigration to the United States. Visa inadmissibility statistics in FY 2018 reveal an uptick in just one year of almost 10,000 visa denials on public...

The following additional items may be of interest to our readers: Cap-Subject H-1Bs Filed April 2018 Remain Pending; Premium Processing Now Available for H-1B Petitions Filed on or Before 12/21/2018: Inexplicably, numerous FY 2019 H-1B cap-subject petitions (filed in April 2018 for visas that became available on October 1, 2018)...

USCIS has updated its guidance identifying factors officers should consider when adjudicating a Form I-130 spousal petition involving a minor. Those factors include: (1) whether the marriage was lawful in the place it was celebrated; (2) if the couple resides outside the place of celebration, whether the marriage is recognized...

"JUSTICE PREVAILS AGAIN IN    IMMIGRATION COURTS EVEN IN THE “POST-A-B-“ ERA — Outstanding Analysis By Judge Eileen Trujillo Of The U.S. Immigration Court In Denver, CO, Recognizes “Women In Mexico” As PSG, Finds Nexus, Grants Asylum, Distinguishes A-B- Congrats to NDPA warrior (and former EOIR JLC) Camila Palmer of...

On January 25, 2019, the Department of State announced that the U.S. Embassy in Caracas, Venezuela, suspended routine visa services due to the ordered departure of nonemergency personnel. The consular section advised that it is focused on providing emergency services for U.S. citizens. The State Department has not yet designated...

According to a recent article in the Los Angeles Times , the administration’s plan to shrink the ballooning backlog of immigration cases by mandating that immigration judges hear more cases has failed, according to the latest data, with the average wait for an immigration hearing now more than two years....

Most foreign nationals who apply for advance parole (travel permit) (Form I-131) in conjunction with an adjustment of status application must wait for the travel document to be issued before traveling abroad; otherwise, their adjustment case will be considered abandoned and the travel permit denied. But what happens when that...

USCIS announced that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and that starting March 11, 2019, it will only accept the new version of the form. A new Form I-539A, also effective March 11, replaces the amendment pages normally used for children. (Parents or guardians may sign...

The American Immigration Lawyers Association (AILA) recently analyzed published USCIS data for fiscal years 2014 through 2018 and found a crisis-level of delays in the agency’s processing of applications and petitions for immigration benefits under the Trump Administration. While perhaps no real surprise to foreign nationals and their lawyers waiting...

The following additional items may be of interest to our readers: Marriage to U.S. Citizen and Naturalization: Naturalization applicants filing on the basis of marriage to a U.S. citizen – filed after three years of obtaining permanent residency – must continue to be married from the time of filing for...

The city of Baltimore filed a lawsuit challenging President Trump’s efforts to curtail legal immigration by penalizing people who use public benefits, alleging that the Administration’s expanded definition of “public charges” has had a chilling effect on the city’s immigrant community, which Baltimore officials see as key to its revival....

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....

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,...

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

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...