LexisNexis® Legal Newsroom
Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether...

Bruce Hake Comments on USCIS Policy Manual 'Extreme Hardship' Draft

Renowned J-1 and hardship expert Bruce Hake emailed this comment to USCIS on Nov. 19, 2015. Excerpt: "There is a legal error in footnote 1 to the draft USCIS Policy Manual: Vol. 9, Part B: Extreme Hardship (draft). Every year this error could harm hundreds of J-1 nonimmigrants and their U.S....

USCIS Posts Draft Policy Memo for Comment: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability

USCIS E-Mail dated Nov. 20, 2015 to stakeholders: "USCIS has posted the following draft policy memorandum for your review: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Comment Process: Please...

USCIS Policy Memo on Updated Paper G-28

USCIS, Nov. 17, 2015 - Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative "This policy memorandum (PM) provides current U.S. Citizenship and Immigration Services (USCIS) guidance regarding changes in the paper version of the new Form G-28, Notice of...

Dialogue with USCIS Director León Rodríguez - Tuesday, Dec. 8, 2015

USCIS, Nov. 25, 2015 - "U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Tuesday, Dec. 8 from 3:30 – 4:30 p.m. (Eastern), with USCIS Director León Rodríguez. Director Rodríguez will highlight agency initiatives...

USCIS Draft Policy Memo for Comment: The Role and Use of Interpreters

USCIS, Nov. 24, 2015 - "This Policy Memorandum (PM) provides guidance regarding the role and use of interpreters, as well as ensures the consistent use of interpreters who appear before USCIS during certain interviews conducted in domestic field offices." "DRAFT FOR COMMENT ONLY Posted...

USCIS Seeks Comments on Proposed Changes to Form I-9

USCIS, Nov. 24, 2015 - "USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification . The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2016. ... To view the proposed...

Nov. 18, 2015 Policy Memo: Approval of a Spousal Immediate Relative Visa Petition under INA Sec. 204(l) after the Death of a U.S. Citizen Petitioner

USCIS, Nov. 18, 2015 - "The Policy Memorandum (PM) revises chapter 10.21(a), (b), (c)(2) and the last paragraph of (c)(5) of the Adjudicator’s Field Manual (AFM) to implement the decision in Williams v. DHS Secretary, 741 F.3d 1228 (11th Cir. 2014) for all spousal immediate relative visa petitions...

News Excerpts From the Dec. 1, 2015, Bender’s Immigration Bulletin

EOIR Appoints New Immigration Judges and Assistant Chief Immigration Judges | In November, the Executive Office for Immigration Review announced the appointment of two new immigration judges and six new assistant chief immigration judges. Jonathan Simpson, a former assistant chief counsel for U...

Official Notes from Nov. 10, 2015 ICE / USCIS / AILA Meeting, Verification & Documentation Liaison

USCIS, Nov. 10, 2015 - "On November 10, 2015, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’s Verification Division and ICE Homeland Security Investigations to respond to questions, provide updates and address follow up items...

News Excerpts From the Dec. 15, 2015, Bender’s Immigration Bulletin

USCIS Releases Online Civics Test in Spanish | On November 19, 2015, U.S. Citizenship and Immigration Services announced that noncitizens wishing to naturalize may take online practice civics exams containing questions and answers in Spanish as well as English. The practice questions are written in...

USCIS Form Updates: I-824; I-817

USCIS, Dec. 2015 Update to Form I-824, Application for Action on an Approved Application or Petition . New edition dated 10/21/15. (Starting 02/08/16, USCIS will only accept the 10/21/15 edition. Until then, you can use the 09/30/13 edition). Update to Form I-817, Application for Family Unity...

Angelo A. Paparelli: Opportunity Lost as USCIS Stiffens on Job Flexibility

Angelo A. Paparelli , Dec. 13, 2015 - "This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. Citizenship and Immigration Services , PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as...

Links to Latest (Sept. 2015) Asylum Stats from USCIS

USCIS, Dec. 8, 2015 - Statistical Documents Affirmative Asylum Stats - July 2015 (PDF) Affirmative Asylum Stats - August 2015 (PDF) Affirmative Asylum Stats - September 2015 (PDF) Credible Fear and Reasonable Fear Nationality Reports - FY15 (PDF) Credible Fear Workload Report Summary...

News Excerpts From the Jan. 1, 2016, Bender’s Immigration Bulletin

USCIS Ombudsman Recommends Improvements to SIJ Adjudication Process| On December 11, 2015, the Ombudsman for U.S. Citizenship and Immigration Services issued a 12-page report containing recommendations for improving the process for adjudicating applications for Special Immigration Juvenile (SIJ) status...

USCIS Workload Transfer from VSC to CSC and NSC

USCIS, Dec. 29, 2015 - "USCIS recently began transferring certain casework from the Vermont Service Center (VSC) to the California Service Center (CSC) and Nebraska Service Center (NSC) to balance workloads. The CSC will now process Form I-539, Application to Extend/Change Nonimmigrant Status ....

USCIS Approves 10,000 U Visas for 7th Straight Fiscal Year

USCIS, Dec. 29, 2015 - "U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U...

USCIS Proposed Rule: Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 - "The Department of Homeland Security (DHS) is proposing to amend its regulations related to certain employment-based immigrant and nonimmigrant visa programs. The proposed amendments would provide various benefits to participants...

ABIL Submits Comment to USCIS Draft 'Same or Similar' Policy Memo

Sharon Mehlman, Cyrus Mehta and Angelo Paparelli on behalf of the Alliance of Business Immigration Lawyers, Jan. 4, 2015 - "The Alliance of Business Immigration Lawyers (ABIL) is pleased to provide feedback to the USCIS Draft Policy Memorandum, PM-602-0122 , “Determining Whether a New Job...

New Law Increases H-1B and L-1 Petition Fees: USCIS

USCIS, Jan. 12, 2016 - "The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for...

Advance Copy of USCIS Final Rule: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

This document is scheduled to be published in the Federal Register on 01/15/2016 - "In this final rule, the Department of Homeland Security (DHS) is revising its regulations affecting: highly skilled workers in the nonimmigrant classifications for specialty occupation from Chile, Singapore (H-1B1...

News Excerpts From the Jan. 15, 2016, Bender’s Immigration Bulletin

Funding Bill Imposes Restrictions on VWP, Increases H and L Fees, Makes H-2B Changes The omnibus funding bill enacted in December contained provisions restricting participation in the Visa Waiver Program by applicants who are nationals of or who have recently visited certain countries in Africa and...

USCIS Final Rule: Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants

Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 - "In this final rule, the Department of Homeland Security (DHS) is revising its regulations affecting: highly skilled workers in the nonimmigrant classifications for specialty occupation from Chile, Singapore (H–1B1), and Australia...

USCIS Posts Drafts on O Visas: Comment Period Ends 2-22-16

Jan. 21, 2016 DRAFT: Comparable Evidence Provision for O Nonimmigrant Visa Classifications DRAFT: REQUEST FOR EVIDENCE, Form I-129, Petition for Nonimmigrant Worker, O-1B Extraordinary Ability in the Arts

USCIS Guidance on H-2B Returning Worker Exemption

USCIS, Feb. 5, 2016 - "H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016 H-2B Employers Urged to Identify Returning Workers when Filing Petitions Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal...