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Public Charge Rule Update: Making Sense of All the Moving Pieces

The Trump administration’s public charge rule is on hold, at least temporarily. The Department of Homeland Security (DHS) and the Department of State each introduced a version of the rule. ...more

President Trump Introduces Health Insurance Requirement for Immigrant Visa Applicants

According to a proclamation issued by President Donald Trump on October 4, 2019, the U.S. Department of State will begin issuing immigrant visas only to those foreign nationals who will have health insurance once admitted to...more

New York District Court Blocks Implementation of Public Charge Rule

On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s...more

October 2019 Visa Bulletin Update

The U.S. Department of State has released the October 2019 Visa Bulletin, the first for fiscal year 2020. As anticipated, many of the final action dates have rebounded after retrogressing in August and have returned to dates...more

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until...more

ICE Begins STEM OPT Worksite Inspections

There have been an increasing number of reports that Immigration and Customs Enforcement (ICE) has begun conducting workplace site visits for F-1 students employed pursuant to optional practical training (OPT) in the science,...more

DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...more

USCIS Instructs Employers to Continue Using the Current Form I-9 After August 31, 2019

U.S. Citizenship and Immigration Services (USCIS) has instructed employers to continue using the current version of the Form I-9 beyond the form’s August 31, 2019, expiration date. The current I-9 employment eligibility...more

USCIS to Close All but Seven International Field Offices

U.S. Citizenship and Immigration Services (USCIS) has had a change of heart. Instead of closing all 23 of its international field offices, as originally planned, the agency recently announced that it would keep seven offices...more

DHS Promulgates Public Charge Rule to “Promote Self-Sufficiency,” Penalize Reliance on Public Benefits

On August 14, 2019, the Department of Homeland Security (DHS) published the final version of its public charge rule in the Federal Register. According to a statement by DHS, the rule is intended to formalize the way in which...more

Requests for Evidence and Visa Denials Continue to Climb in 2019

U.S. Citizenship and Immigration Services (USCIS) has issued updated data confirming that requests for evidence (RFE) and denials continue to climb for most commonly used nonimmigrant visas. The rate of RFEs and denials for...more

ESTA Website Update May Require Some Travelers to Reapply

U.S. Customs and Border Patrol (CBP) updated the Electronic System for Travel Authorization (ESTA) website on August 5, 2019. According to a notice posted on the ESTA homepage at the time of the update, all ESTA applications...more

Oregon Requires Employers to Provide Notice to Employees Prior to I-9 Inspections

A new Oregon law will require employers to notify their employees when they (the employers) are contacted by a federal agency that intends to audit, among other things, employer records and employment eligibility...more

August 2019 Visa Bulletin Shows Extensive Retrogression Across Employment-Based Categories

The August 2019 Visa Bulletin, released by the U.S. Department of State earlier this month, shows substantial retrogression affecting employment-based categories worldwide. The State Department expects the retrogression to be...more

Congress Considers Removing Country Caps for Employment-Based Immigrant Visas and Proposes Changes to H-1B Visa Program

On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times...more

Supreme Court to Hear DACA Appeal

The Supreme Court of the United States has agreed to hear the appeals over the termination of the Deferred Action for Childhood Arrivals (DACA) program during its next term. In its order, the Court consolidated three pending...more

USCIS Caseload Redistribution May Mean Shorter Processing Times but More Travel for Green Card and Naturalization Applicants

U.S. Citizenship and Immigration Services (USCIS) will be redistributing certain naturalization and green card cases to field offices with lighter caseloads for processing. In its announcement, the agency said that since the...more

Ken Cuccinelli Named Acting Director of USCIS

On June 10, 2019, Kenneth T. Cuccinelli became the new acting director of U.S. Citizenship and Immigration Services (USCIS), replacing L. Francis Cissna, who stepped down at the beginning of June 2019. Cuccinelli previously...more

New State Department Social Media Requirement Expected to Cause Delays

Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more

Dreamer Bill Passed by House, Not Expected to Advance in Senate

The U.S. House of Representatives recently passed a bill that would cancel and prohibit removal proceedings and provide a pathway to citizenship for an estimated 2.5 million immigrants. The American Dream and Promise Act of...more

DHS Spring Regulatory Agenda Projects Changes to H-1B Visas, the Rescission of H-4 Work Authorization, Increased Fees, and More

The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more

USCIS Provides Updates Regarding Premium Processing for FY 2020 Cap Cases

Premium processing has historically been available for all H-1B applications filed with U.S. Citizenship and Immigration Services (USCIS). However, from time to time, USCIS has suspended premium processing....more

Representatives Raise Concerns About Low Staffing at Canadian Border

The Department of Homeland Security (DHS) recently announced a plan to temporarily transfer approximately 750 Customs and Border Protection (CBP) officers from the Canadian border to the Mexican border to help address the...more

June 2019 Visa Bulletin Shows Two-Year Retrogression for EB-1 India

The Visa Bulletin for June 2019 has been released by the U.S. Department of State. While most of the dates for employment-based preference categories will only gradually shift from the dates published in May 2019, the EB-1...more

Termination of TPS Halted for Honduras and Nepal

The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen. In addition to the stay, DHS has also agreed to...more

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