USCIS Clarifies H-1B Requirements for Beneficiaries Placed at Third-Party Worksites

By: Gladys V. Gervacio, Omar Nazarkhan Executive Summary: On February 22, 2018, the Unites States Citizenship and Immigration Services (USCIS) clarified evidence related to H-1B workers placed at one or more off-site third-party. This policy memorandum is just the latest change in line with the directives set forth by the Trump Administration’s “Buy American, Hire […]
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Why Proper Planning is Important During a Government Shutdown

By: Omar Nazarkhan As of today, January 22, 2018, Congress is expected to move to reopen the government after a three-day full shutdown. This resolve finds Democrats joining Republicans in advancing a measure that would effectively fund the government through February 8, 2018. The American Immigration Lawyers Association (AILA), which represents more than 15,000 attorneys […]
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DACA Rescission Partially Blocked

By: Angelita Chavez-Halaka February 15, 2018 UPDATE:  The scope of the Feb. 13 preliminary injunction issued in the Eastern District of New York is the same as the Jan. 9 preliminary injunction issued in the Northern District of California. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated […]
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Temporary Protected Status (TPS) Termination & Alternative Forms of Relief

By: Angelita Chavez-Halaka On January 8, 2018, the Secretary of Homeland Security Kirstjen M. Nielsen announced the U.S. government’s decision to terminate the TPS designation for El Salvador. It is estimated that approximately 200,000 Salvadorians who are currently on TPS status in the U.S. could be will be impacted alone. What is TPS? TPS is […]
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Starting a Business? After a Delay, USCIS is Accepting Applications Under the International Entrepreneur Rule (IER) – at least for now

By: Elizabeth Goings What Entrepreneurs Need to Know After a short delay, USCIS is now accepting requests for parole into the U.S for certain entrepreneurs seeking to start and grow start-up business under the IER program. Dependents may also accompany the entrepreneur. Although the program is in effect now, DHS may seek to remove it. […]
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Increase in Requests for Evidence for All Types of Petitions

By: Toni Ordona On October 23, 2017, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum, PM-602-0151 titled, “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status”, which instructs USCIS officers to stop deferring to previous nonimmigrant petitions, when adjudicating the […]
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No More Deference: How USCIS Will Review Requests for Extensions

By: Elizabeth Goings In its latest round of updates, on October 23, 2017, USCIS issued a policy memorandum (PM-602-0151) which addresses how officers should review nonimmigrant petitions at the time of extension. Moving forward, USCIS will adjudicate all extension petitions at the same level of review it does for initial petitions for nonimmigrant categories such […]
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Premium Processing Resumes for All H-1B Petitions

By: Navdeep Meamber Effective October 3, 2017, USCIS has resumed premium processing for all H-1B visa petitions. Premium processing is now available for all types of H-1B petitions, which include H-1B cap, H-1B amendment, H-1B extension and H-1B transfer. Premium Processing Service provides expedited processing for certain employment-based petitions and applications. Under the premium process, […]
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